The subdivider or site plan applicant shall
provide for the ultimate installation of the following on-site and
off-site improvements:
A.
Pavements of streets or portions thereof, in accordance
with the following standards:
B.
Approved street signs.
C.
Curbs or gutters. There shall be no less than one
foot nor more than two feet between curb and sidewalk.
D.
Sidewalks, when required by the Planning Board.
(1)
The Planning Board, prior to final approval of a plat,
shall finally determine whether and where sidewalks shall be installed,
and if it determines that no sidewalk need be installed, whether and
which appropriate areas shall be graded for the possible future installation
of sidewalks. In determining whether sidewalks should be installed
and whether and which areas should be graded for the future installation
of sidewalks, the Planning Board shall consider the requirements of
public safety, convenience, aesthetic value, terrain and landscape
features and the overall objectives of this article. In particular,
the Planning Board shall take into consideration the following.
(a)
The actual or prospective density of population
in the subdivision and surrounding areas.
(b)
The size and character of the streets in the
subdivision and their relation to the existing or prospective traffic
pattern of the Borough.
(c)
The relation of the subdivision to actual or
prospective public service areas, such as business districts, park
or recreation areas and school sites, and the actual or reasonably
anticipated pedestrian traffic generated thereby.
(2)
Sidewalks, when required, shall be installed in accordance
with the directions of the Borough Council under specifications and
standards to be approved by the Borough Engineer.
E.
No topsoil shall be removed from the site or used
as spoil. Topsoil moved during the course of construction shall be
redistributed so as to provide at least six inches of cover, and all
replaced or redistributed topsoil shall be stabilized by seeding or
planting to ensure that it will remain in place and free from erosion.
F.
Monuments shall be of the size and shape required
by N.J.S.A. 46:23-9.11, and shall be placed in accordance with such
statute.
G.
Utilities, including sewage disposal systems, storm
drains and culverts, water and gas mains, and electrical supply lines
for light, power and telephone service, hydrants and connections thereof
with approved existing and proposed systems, shall be adequate to
handle all present and probable future development. Electric telephone
and other public utility lines required to service any major subdivision
shall be installed underground in the public right-of-way. However,
those subdivisions or portions thereof, which can be served by existing
overhead lines, may be so served providing connections from houses
in the subdivisions or portions thereof are underground. If conditions
are such that application of the foregoing would cause undue hardship,
the Planning Board may waive strict application of the requirements.
H.
Streetlighting in accordance with the requirements
of the Planning Board.
I.
Shade trees shall be located on the street line so
as not to interfere with utilities or sidewalks and each 50 feet of
frontage shall have one shade tree of a caliper of no less than 13/4
inches.
J.
Driveways.
[Amended 7-24-2000 by Ord. No. 718-00]
(1)
Driveways and aprons shall be constructed of any of
the following materials for a minimum distance of 50 feet back from
the curbline of the street to which the driveway connects:
(2)
No driveway or apron within such fifty-foot area shall
be constructed solely of a loose material such as crushed stone or
the like; provided, however, that such material may be used for that
portion of a driveway beyond 50 feet back from said curbline.
K.
Driveway aprons shall be a minimum of 10 feet wide
at the curb.
L.
All manholes and catch basins shall follow standard
requirements of the New Jersey State Highway Specifications.
M.
Improvements, such as, but not limited to, pathways,
bikeways, benches, gardens, playing fields or recreation equipment,
in common or public open space, in accordance with the requirements
of the Planning Board.
A.
The subdivider or site plan applicant shall, at his/her
own cost, provide for the ultimate installation of all off-tract water,
sewers, drainage and street improvements and easements therefor, required
by the Planning Board in connection with the subdivision or site plan
if such off-tract improvements:
B.
The subdivider or site plan applicant shall provide
for payment of its proportionate share, allocated in accordance with
this chapter, of the cost of the ultimate installation of all off-tract
water, sewer, drainage and street improvements and easements therefor
required by the Planning Board and shown on the Master Plan if such
off-tract improvements:
C.
D.
All such improvements shall meet the design standards
of this chapter.
All of the improvements installed by a subdivider
or site plan applicant shall be subject to inspection and approval
by the Borough Engineer who shall be notified by the subdivider or
site plan applicant at least 24 hours prior to the start of construction.
No underground installation shall be covered until so inspected and
approved.
A.
Procedure for determination and allocation of costs.
In the event the Planning Board shall determine that off-tract improvements
are required in connection with any subdivision or site plan, then
prior to granting final approval:
(1)
(2)
The Borough Council shall determine and report to
the Planning Board whether the off-tract improvement shall be constructed:
(a)
By the Borough as a general improvement; or
as a local improvement or as a combination thereof; or
(b)
By the subdivider or site plan applicant with
a formula specified by the Borough Council providing for partial reimbursement
if the improvement specially benefits property other than that within
the subdivision or site plan.
(3)
The Planning Board shall require as a condition for
approval of the final plat or site plan that:
(a)
If the improvement is to be constructed by the
Borough as a general improvement, the subdivider or site plan applicant
shall deposit with the Borough Treasurer an amount equal to the difference,
if any, between the estimated cost of the improvement and the estimated
total amount by which all properties, including the subdivision or
site plan to be serviced by the improvement, shall be specially benefited
by the improvement; or
(b)
If the improvement is to be constructed by the Borough as a local improvement, the subdivider or site plan applicant shall deposit with the Borough Treasurer, in addition to the amount specified in Subsection A(3)(a) above, the estimated amount by which the subdivision or site plan shall be specially benefited by the improvement; or
B.
Standards for allocating costs.
(1)
In determining the allocation of costs for off-tract
improvements as between the subdivider or site plan applicant, the
other property owners and the Borough, the Planning Board shall be
aided by the following factors:
(a)
The total estimated cost of the off-tract improvements.
(b)
The increase in market values of the properties
affected and any other benefits conferred.
(c)
The needs created by the application.
(d)
Population and land use projections for the
land within the general area of the subdivision or site plan and other
areas to be served by the off-tract improvements.
(e)
The estimated time for construction of the off-tract
improvements.
(f)
The condition and periods of usefulness of the
improvements which may be based upon the criteria of N.J.S.A. 40A:2-11.
(2)
Without limiting the generality of the foregoing,
the Planning Board may take into account the following specific factors:
(b)
With respect to drainage facilities, the Board
may consider:
[1]
The relationship between the area of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
[2]
The proposed use of land within the subdivision
or site plan and the amount of land area to be covered by impervious
surfaces on the land within the subdivision or site plan.
[3]
The use, condition or status of the remaining
land area in the drainage basin.
(c)
With respect to water, gas and electric supply
and distribution facilities, the Board may consider the use requirements
of the use proposed for the subdivision or site plan and the use requirements
of all other properties to be benefited by the improvements.
(d)
With respect to sewerage facilities, the Board
may consider:
[1]
The anticipated volume of effluent from the
use proposed for the subdivision or site plan and the anticipated
volume of effluent from all other properties to be benefited by the
improvements.
[2]
The types of effluent anticipated and particular
problems requiring special equipment or added costs.
C.
Deposits. Any money received by the Borough Treasurer
for off-tract improvements to be constructed or installed by the Borough
pursuant to the provisions of this chapter shall be deposited in a
suitable depository therefor and shall be used only for the improvements
for which they are deposited or improvements satisfying the same purpose.
If construction of improvements for which the Borough is responsible
has not commenced within five years from the date of deposit, the
amount deposited together with any income thereon shall be returned
to the subdivider or site plan applicant or his/her successor in interest.
D.
Actual costs. Upon completion of any improvements
constructed by the Borough as a general or local improvement, the
total cost of such improvement shall be determined by the Borough
Treasurer. The difference between the actual cost as so determined
and the estimated cost shall be computed. The subdivider or site plan
applicant or his/her successor in interest shall make remittance to
the Borough if the actual cost exceeds the estimated cost, or shall
receive a refund from the funds deposited with the Borough if the
estimated cost exceeds the actual cost in an amount which bears the
same relationship to the difference between the actual and estimated
costs as the amount deposited by the subdivider or site plan applicant
for his/her proportionate share of the estimated cost bears to the
total estimated cost. Any sum payable by the subdivider or site plan
applicant or his/her successor in interest may be levied and collected
by the Borough in the same manner as is provided by law for the levy
and collection of real estate taxes.
E.
Successors in interest. In the absence of an express provision in a deed or deeds of conveyance, it shall be presumed that the fee owners of all lots in the subdivision or site plan at the date any deposit or portion thereof is returned or additional charge is made pursuant to Subsections C and D of this section are the lawful successors in interest to the subdivider or site plan applicant and that each such fee owner shall be charged with or entitled to receive a pro rata share, based on lot area, of any funds to be returned or additional charge to be made pursuant to this subsection. Upon payment of any such sums to the fee owners, the Borough shall be released of liability to any other person.
