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.

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.

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.

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.

Streetlighting in accordance with the requirements of the Planning Board.

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.

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:

(a)

Four inches of one and one-half inch stone bound with dust or quarry process stone with a surface of two inches of bituminous concrete.

(b)

Five inches of concrete.

Cobblestone.

Belgium blocks.

Brick.

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.

Driveway aprons shall be a minimum of 10 feet wide at the curb.

All manholes and catch basins shall follow standard requirements of the New Jersey State Highway Specifications.

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.

§ 218-11 Allocation of costs of improvements.

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:

(1)

Are wholly made necessary by the subdivision or site plan or the improvements therein.

(2)

Do not confer material benefits on any land other than the land within the subdivision or site plan.

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:

(1)

Are wholly or partially made necessary by the subdivision or site plan or the improvements thereon.

(2)

Confer benefit on lands other than those within the subdivision or site plan.

In addition to the improvements set forth in 218-10 and Subsections A and B of this section, the site plan applicant shall, upon the conditions delineated by the Planning Board, provide for the ultimate installation, prior to the issuance of a certificate of occupancy, of the following:

(1)

Buffer landscaping and foundation plantings.

(2)

On-site paved parking areas and all appurtenant curbs, islands, lighting and driveways.

(3)

Fencing and screening.

(4)

On-site lighting.

(5)

On-site pedestrian ways.

All such improvements shall meet the design standards of this chapter.

§ 218-12 Inspection of improvements.

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.

§ 218-13 Off-tract improvements.

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)

The Planning Board shall report to the Borough Council:

(a)

The location, character and extent of the required off-tract improvements.

(b)

The Borough Engineer's estimate of the total cost of such off-tract improvements.

(c)

The proposed allocation of the total cost determination in accordance with the standards set forth in Subsection B of this section.

(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

(c)

If the improvement is to be constructed by the subdivider or site plan applicant, the subdivider or site plan applicant shall file with the Borough Clerk a performance guarantee meeting the requirements of § 218-62 in the full estimated cost of the improvement.

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:

(a)

With respect to street, curb, gutter, sidewalk, shade trees, street signs and traffic light improvements, the Board may consider:

[1]

Traffic counts.

[2]

Existing and projected traffic patterns.

[3]

Such other factors as it may deem relevant to the need created by the subdivision or site plan.

(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.

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.

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.

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.