Borough of Hampton, NJ Article III Subdivision Review and Approval

§ 157-9 Purpose.

The purpose of this article shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Hampton in order to promote the public health, safety, convenience and general welfare of the Borough and to carry out the objectives of the Municipal Land Use Law.[1] It shall be administered to ensure the orderly growth and development and the conservation, protection and proper use of land and adequate provisions for circulation, utilities and services and the conservation and environmental protection of all land, water and air resources within the jurisdiction of the Borough of Hampton.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 157-10 Administration. [1]

Planning Board. The provisions of this article shall be administered by the Borough of Hampton Planning Board in accordance with the Municipal Land Use Law, P.L. 1975, c. 291, as amended and supplemented.[2]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 157-11 Construal of provisions.

These rules, regulations and standards shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of the Borough of Hampton.

§ 157-12 Review criteria; denial of approval.

Any action taken by the Planning Board under the terms of this article shall give primary consideration to the purposes set forth in § 157-2. The Planning Board shall have the right to deny subdivision approval if, in its opinion, greater than the minimum standards are required in a specific area or situation or where the proposed subdivision violates generally accepted design principles which may not be specifically enumerated in this article.

§ 157-13 Simultaneous review.

The Planning Board shall have the power to review and approve or deny site plans or conditional uses simultaneously with review for subdivision approval without the applicant being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, site plan or conditional use approval, shall apply. Whenever approval of a conditional use is requested by the applicant pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 157-14 Certificates of approval.

Certificates of approval shall be issued by the Planning Board Clerk in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-56.

§ 157-15 Building permits and certificates of occupancy.

A. No building permit before final approval. No building permit shall be issued by the Construction Official within any subdivision until final subdivision approval has been granted.

B. Certificates of occupancy. No certificate of occupancy for any dwelling, building or structure shall be granted unless required improvements or conditions have been met, installed or completed as noted below.

C. Exception. Should weather or unscheduled delay prevent the completion of the finish course of roads or sidewalks, curbing or landscaping, a temporary certificate of occupancy may be issued for a specific period upon such conditions as the Borough Engineer may impose to ensure the completion or installation of the improvement. The installation of any required improvements may be delayed if the Borough Engineer warrants, in writing, to the Construction Official that the delay is in the best interests of the Borough.

§ 157-16 Hearings, notices and decisions.

Hearings, notices and decisions shall be as set forth in § 157-6H through L, inclusive.

§ 157-17 General procedure for approval.

Any applicant wishing to subdivide or resubdivide land within the Borough of Hampton shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. If requested by the Planning Board, the applicant or his agent shall appear before the Planning Board whenever the application is being considered. If the applicant or agent fails to appear upon request, the Planning Board may postpone action on the application for that particular meeting.

§ 157-18 Submission of sketch plat; review.

A. Procedure.

(1) An applicant for the subdivision of land shall submit to the Planning Board Secretary, at least two weeks prior to a regular meeting, the following:

(a) The required number of copies of the application: three copies.

(b) The required number of copies of the sketch plat: 11 copies.

(c) The required number of copies of the deed: one copy.

(d) The receipt of taxes paid: one copy.

(e) Proof of submission to the Soil Conservation Service: a letter.

(f) Proof of submission to the County Planning Board: a letter.

(g) Proof of submission to the County Department of Health: a letter.

(h) The required fees.

(2) In the event that the applicant is not the owner of the property, a notarized letter from the owner authorizing submission of the application shall be included.

(3) The applicant, if a corporation or a partnership, shall submit, if applicable, a statement as to stockholders or partners in accordance with Chapter 336 of the Laws of 1977 (N.J.S.A. 40:55D-48.1 to 40:55D-48.4).

B. Planning Board action. The Planning Board, at its next regular meeting, shall determine if the application is complete and if so, the Planning Board shall classify the plat. If classified as minor, the Planning Board may take action on the plat.

(1) Distribution. The Planning Board Secretary shall immediately refer copies of the plat and other materials to the Subdivision Committee, Borough Engineer and Environmental Commission for review and recommendations.

(2) Approval, denial or table.

(a) The Planning Board shall approve, conditionally approve, table for further study or reject the minor subdivision. If approved, a notation to that effect shall be made on the plat, and it shall be signed by the Chairman and Secretary of the Planning Board. Signed copies of the approved plat shall be forwarded to the applicant, Construction Official and Tax Assessor. Any action by the Planning Board shall be completed within 45 days of submission of a complete application.

(b) If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be mailed to the applicant within 10 days from the date of the Planning Board meeting.

(c) If tabled, the reasons why the application is tabled shall be indicated in the minutes and the applicant notified.

(d) Filing. If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960[1] or a deed shall be filed with the county recording officer within 190 days from the date of approval. Failure to file within 190 days shall void said subdivision approval.

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(e) Limit. Not more than three lots or parcels, including any remaining parcel, shall be hereafter at any time approved by the Planning Board as a minor subdivision from any tract as said tract was originally constituted on the date of the adoption of this chapter.

(f) Effect of minor subdivision approval. The granting of minor subdivision approval shall guarantee that the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in Subsection B(2)(d) above.

(g) Major subdivision. If classified as a major subdivision, the sketch plat shall be so noted and returned to the applicant so that the applicant may proceed with major subdivision procedure requirements.

§ 157-19 Submission of major subdivision for preliminary approval; review.

A. Procedure.

(1) An applicant for the subdivision of land shall submit to the Planning Board Secretary, at least three weeks prior to the regular meeting, the following:

(a) The required number of copies of the application: three copies.

(b) The required number of copies of the preliminary plat and all exhibits: 11 copies.

(c) The required number of copies of the deed: one copy.

(d) The receipt of taxes paid: one copy.

(e) Proof of submission to the Soil Conservation Service: a letter.

(f) Proof of submission to the County Planning Board: a letter.

(g) Proof of submission to the County Department of Health: a letter.

(h) The required fees.

(2) In the event that the applicant is not the owner of the property, a notarized letter from the owner authorizing submission of the application shall be included.

(3) The applicant, if a corporation or a partnership, shall submit, if applicable, a statement as to stockholders or partners in accordance with Chapter 336 of the Laws of 1977 (N.J.S.A. 40:55D-48.1 to 40:55D-48.4).

B. Distribution. At the regular meeting when the application is accepted as complete, the Planning Board Secretary shall refer copies of the plat and other materials to the Subdivision Committee, Borough Engineer, Environmental Commission and Construction Official/Zoning Officer. A copy shall also be posted in the Municipal Building.

C. Review.

(1) The Planning Board shall review the preliminary plat and consider the comments of local, county and state officials and agencies.

(2) When all required exhibits and reports have been submitted or 15 days has elapsed since referral, the Planning Board may then set a date for a public hearing on the preliminary plan.

D. Notice. The subdivider shall provide notice of the hearing in accordance with § 157-6J.

E. Exhibits required prior to the public hearing. Prior to the public hearing, the following shall be submitted to the Secretary of the Planning Board:

(1) A copy of the advertisement required under Subsection D above.

(2) An affidavit of the notice of public hearing, giving a list of the names and addresses so notified, how served, the date of service and a copy of the notice served upon them.

F. Time limitation. The Board shall act on the preliminary plat at a regular meeting and within 45 days after submission of a complete application for a subdivision of 10 or fewer lots and 95 days for a subdivision of more than 10 lots or within such further time as may be mutually agreed upon by the applicant and the Planning Board. If the subdivision is part of a use variance to be acted upon by the Planning Board, the Planning Board shall act upon the application within 120 days of the submission of a complete application or within any further time as may be mutually agreed upon. Failure of the Board to act within the prescribed period or within the time extension mutually agreed upon shall be considered an approval. If the Board disapproves a plat, the reasons for the disapproval shall be communicated to the applicant and remedied prior to further consideration. No action shall be taken until the receipt of reports from the agencies and individuals listed above or until 14 days has elapsed from the date of referral.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. Planning Board action. The Planning Board shall approve, conditionally approve or reject the application. Approval or conditional approval confers upon the applicant the following rights for a three-year period from the date of approval or conditional approval:

(1) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

(2) That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.

(3) That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

(4) If the Planning Board favorably acts and grants preliminary approval, the Chairman and Secretary of the Planning Board shall affix their signatures to the plat with a notation that it has received preliminary approval and shall return the same to the subdivider for compliance with final approval requirements. Where conditional approval is granted, the Chairman and Secretary of the Planning Board shall affix their signatures to the plat only when all conditions required for approval have been met.

§ 157-20 Submission of final plat of major subdivision; review.

A. The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided in § 157-19G(3).

B. One original tracing, one translucent cloth copy, two cloth prints and 10 legible prints, with an application for final approval and the required fees, shall be submitted to the Planning Board Secretary at least two weeks prior to the regular meeting of the Planning Board at which the application is to be considered. The Planning Board Secretary shall post a copy of the plat at the Municipal Building.

C. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board, including conditions of preliminary approval. The applicant shall submit an affidavit indicating that no changes were required or have been made. In the event that changes have been made, the affidavit shall indicate the changes.

D. Exhibits required prior to final approval. The following exhibits shall accompany the application for final approval, in addition to any exhibits that may have been required by the Board as a condition of final approval:

(1) Borough Engineer. A letter from the Borough Engineer indicating:

(a) The items to be bonded and the quantities and costs and total of the proposed bond.

(b) That all plans and improvements meet all applicable ordinances.

(c) That the final plat conforms to the preliminary plat as submitted and approved.

(2) Tax Collector. A letter from the Tax Collector that all taxes and assessments for local improvements have been paid to date on the property.

(3) Clerk. A letter from the Borough Clerk indicating that the amount, form and content of the performance and maintenance guaranties have been accepted by the governing body; a letter from the Borough Clerk, where appropriate pursuant to § 157-32 of this article, that moneys as provided therein have been paid the Borough as reimbursement for construction inspection costs incurred since preliminary approval.

(4) Applicant. A letter from the applicant agreeing to furnish as-is plans of all roads and utilities as finally installed or constructed.

(5) Water supplier. Where public water is proposed, a letter from the water supplier stating that the water system is adequate for the development and all future extensions thereof can be assured of an adequate supply of potable water.

(6) Fire Department. A letter from the Fire Department signed by the Chief of the Department, stating that the proposed waterlines and fire hydrants are adequate for protection from fire in the proposed development and that the type of hydrant to be installed has been approved by it.

(7) Private road maintenance. In the case of a subdivision requiring a private road not eligible for acceptance into the Borough road system, the developer shall submit for approval legal documents setting forth the method of allocation of costs for snow removal, maintenance and all other related costs among the abutting or beneficiary owners or users, together with the consent of all abutting or beneficiary owners or users to be bound by said agreement.

E. Distribution. The Planning Board Secretary shall distribute copies of the final plat to the Borough Engineer and Tax Assessor.

F. Review. No action shall be taken until such time as the above officials complete their review or 15 days has elapsed from the date of the referral.

G. Time limitation. The Planning Board shall act within 45 days of submission of a complete application or within such further time as may be mutually agreed upon. The action of the Board shall be noted on the plat and signed by the Chairman and Secretary of the Board.

H. Failure to act. Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Secretary shall issue a certificate to that effect.

I. County Planning Board. Any plat which requires County Planning Board approval, pursuant to the New Jersey statutes, or County Planning Board signature shall be forwarded to the County Planning Board by the applicant. The Planning Board may grant final approval subject to approval by the County Planning Board.

J. Filing. The final plat approval shall be filed by the applicant with the county recording officer within 95 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time of the filing of the plat for an additional period not to exceed 95 days.

K. Effect of final approval. The granting of final approval shall confer upon the applicant that the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that these rights shall expire if the plat has not been duly recorded within the prescribed time period.

L. Extension. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required by this article, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this article, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

§ 157-21 Sketch plat details.

All plats shall be based on Tax Map information or some other similarly accurate base at a convenient scale and shall show or include the following information:

A. Location. The location of that portion to be subdivided in relation to the entire tract.

B. Structures, wooded areas and topography. All existing structures, wooded areas and topography within the portion to be subdivided and within 200 feet thereof.

C. Owners. The name of the owner, all adjoining property owners and those across existing or proposed streets within 200 feet of the proposed subdivision as disclosed by the most recent municipal tax records.

D. Identity. The Tax Map sheet, date of revision and block and lot numbers.

E. Roads, easements, etc. All existing or proposed streets, roads, easements, public and private rights-of-way, streams, drainage ditches and natural watercourses in and within 200 feet of the subdivision.

F. Lots. The original and proposed lot layout, lot dimensions and total area of each lot and remaining lands.

G. Minor subdivision enforcements. If the sketch plat is being submitted for minor subdivision approval, it shall be drawn by a licensed New Jersey land surveyor and the plat shall provide for the endorsement by the Chairman and Secretary of the Planning Board.

H. Location of percolation test. Results of all percolation tests and soil log tests in accordance with § 157-32A(3).

I. Wells and septics. The location of well(s) and on-site sewerage disposal.

J. Other information:

(1) The name and address of the prospective purchaser.

(2) Deed restrictions.

(3) The date of original preparation.

(4) The old name, if submitted previously.

§ 157-22 Preliminary plat details.

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be drawn by a licensed New Jersey land surveyor and have his seal affixed. Separate maps may be required for topography, utilities, road profiles and construction details. The plat shall be designed in compliance with the provisions of §§ 157-24 through 157-30 of this article and shall show or be accompanied by the following information:

A. Key map. An adequate key map showing the entire subdivision and its relation to surrounding areas.

B. Lots. Lot layout, lot dimension and lot area in square feet and acreage to the nearest hundredth.

C. Other contents. The tract name, Tax Map sheet and date of revision, block and lot number, date, reference meridian, graphic scale, zoning district and each record owner or owners of property to be subdivided as well as the person who prepared the map.

D. Elevations and contours. Elevations and contours, existing and proposed, at five-foot vertical intervals for slopes averaging 10% or greater and at two-foot vertical intervals for land of lesser slope to determine the general slope and natural drainage of the land and the high and low points.

E. Existing and proposed locations. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations.

F. Streets. Plans, profiles and cross sections of all proposed streets, curbs and gutters within the subdivision and proposed connections with existing or future continuing streets. The chord bearings, distances, arc lengths and radii of all curves along all street lines shall be shown.

G. Utilities. Plans of proposed utility layouts (water, gas, storm and sanitary sewers and electricity) showing connections to existing or proposed utility systems.

H. Sewers, drains, ditches, etc. Plans and profiles of all proposed and existing sanitary sewers, storm drains, drainage ditches and streams within the subdivision, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream to which the proposed facility shall be connected. When storm drains, drainage ditches or brook channel improvements are proposed or required, the plans for such improvements must be approved by the State Water Policy and Supply Council or its successor agency.

I. Percolation tests. Results and location, both graphically and by distance, of all percolation tests, including those which do not meet Borough standards. Tests shall be made in the location where the septic system will be installed.

J. Further information. When the development of the subdivision or improvements within the subdivision is contingent upon information outside the boundaries of said subdivision, such information shall be supplied by the applicant prior to the Board's consideration for subdivision approval.

K. Setback lines. Minimum building setback lines for all lots.

L. Deed restrictions. A copy, in triplicate, of any protective covenants or deed restrictions applying to the land being subdivided.

M. Stormwaters. Storm drainage studies on stormwater or surface water disposal problems may be required by the Planning Board on lands the subject of the application of the developer or affected lands adjacent thereto. If the opinion of the Board is that the subdivision may create or contribute to a drainage problem, the Board may require additional guaranties from the applicant in addition to those normally required.

N. Open space. Open spaces to be dedicated for public parks or playgrounds or other public use and the locations and use of all property reserved by covenant in the deed for the common use of all property owners.

O. Conservation, erosion and sediment control. Plans for conservation, erosion and sediment control in areas where the disturbance or changing of grades, drainage or other natural conditions may cause movement of soil, silting of drainage areas, erosion, flooding or ecological or environmental changes. Design details are contained in § 157-30.

§ 157-23 Final plat details.

The final plat and all plans and profiles of improvements shall be filed with the Planning Board Secretary at least two weeks prior to the meeting of the Board when the plat is to be considered. The plat shall be drawn by a licensed New Jersey land surveyor in compliance with all the provisions of Chapter 141 of the Laws of the 1960, as amended.[1] An additional copy on linen tracing cloth shall be filed with the Borough Engineer after all signatures have been affixed for Tax Map purposes. The final plat shall show all information required for the preliminary plat under § 157-22, as modified by tentative approval requirements, and the following:

A. Block and lots. All block and lot numbers as approved by the Borough Engineer related to existing block and lot numbers as shown on the Official Tax Map of the Borough.

B. Monuments. The location and description of all monuments.

C. Certifications. The following certifications shall appear on the final plat:

(1) I hereby certify that this map and survey have been made under my supervision and comply with the provisions of the Map Filing Law. (Include the following if applicable.) I certify that all monuments as designated and shown herein have been set.

Licensed Land Surveyor and No.

(2) If monuments are to be set at a later date, the following endorsements shall be shown on the map:

(a) I certify that a bond has been given to the municipality guaranteeing the future setting of all monuments shown on this map and so designated.

Borough Clerk

(b) I hereby certify that monuments will be set under my supervision.

Licensed Land Surveyor and No.

(3) I hereby certify that all of the requirements of the Hampton Borough Board of Health have been complied with.

Health Officer

(4) I have carefully examined this map and I find it conforms with the provisions of the Map Filing Law and the municipal ordinances and requirements applicable thereto.

Municipal Engineer

(5) This subdivision is made with our authorization and free consent and is in full accordance with our desires.

Owner

(6) Application No. .......... approved by the Hampton Borough Planning Board as a Major Subdivision.

	Chairman
	Secretary

(7) This approval shall expire if this map is not filed on or before ________________________ with County Clerk.

(8) I hereby certify that all requirements of the Hunterdon County Planning Board have been complied with.

	Date
	Director

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

§ 157-24 General design standards.

The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:

A. Development pattern. The subdivision plat shall conform to design standards that will encourage the most appropriate development pattern within the municipality.

B. Conformance with Master Plan and Official Map. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, utilities, school sites, public parks and playgrounds or other community facilities and public areas shown on an officially adopted Master Plan or Official Map shall be shown on all subdivision plats. The Planning Board may reserve the location and extent of such public areas in accordance with the requirements of N.J.S.A. 40:55D-44.

§ 157-25 Streets and appurtenances.

A. General. The arrangement of streets shall be as indicated on the Master Plan or Official Map. Those streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and, when necessary in order to promote the orderly flow of traffic and for the safety, welfare and convenience of the public, shall be such as to provide for the appropriate extensions to adjoining properties.

B. Specific requirements for streets.

[Amended 8-13-1984]

(1) Local streets shall be so designed as to discourage through traffic.

(2) Subdivisions abutting major or collector streets shall, at the discretion of the Planning Board, provide reverse frontage, with a buffer strip for parking.

(3) The right-of-way, pavement width and other street requirements shall be in accordance with § 157-41 of this article. The right-of-way width for internal roads in commercial and industrial development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment.

(4) No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been deeded to the Borough.

(5) Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this article shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

(6) Grades on roads shall not exceed 10% except within 40 feet of the right-of-way line, where the maximum grade shall not exceed 4%. No street shall have a minimum grade of less than 1/2 of 1%.

(7) Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.

(8) Street jogs with center-line offsets of less than 125 feet shall be prohibited.

(9) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(10) When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

(11) All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(12) Dead-end streets shall have a turnaround at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

(13) No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

(14) Widening existing streets and roads. Subdivisions that include existing streets which do not conform to pavement and/or right-of-way widths as shown on the Master Plan, Official Map or as required by this article shall dedicate and shall improve to Borough specifications the additional width from the center line of said road abutting the property being subdivided. If the subdivision adjoins one side of an existing road which does not meet standards, only 1/2 of the required extra width shall be dedicated and improved to Borough specifications. The requirement may be waived as follows:

(a) When the Planning Board recommends to the Borough Council that in the interests of traffic safety, health, convenience and good planning a postponement of the installation or construction of a widened roadway is desirable, the Borough Council may authorize such postponement, provided that the developer shall deposit with the Borough the cost of the improvement in lieu of actually constructing or installing the same. The requirement for improving the additional right-of-way may be waived by the Planning Board in the case of minor subdivisions.

(b) The Borough Council shall also have the authority, in the case of an off-site road improvement, to use the estimated cost of the road improvement to improve the entire roadway abutting the subdivision.

C. Specific requirements for appurtenances.

(1) Street signs. The design and location of all street signs shall be approved by the Planning Board.

(2) Sidewalks. Sidewalks may be required on any street by the Planning Board.

(3) 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, county and municipal regulations. Recommendation as to their installation may be made by the Police Department or other competent agency.

(4) 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.

(5) Curbs. Curbs shall be required on all streets unless waived by the Planning Board. They shall be either granite block or poured concrete.

(6) Streetlights. Streetlights shall be installed at street intersections, along vertical and horizontal curves and at the end of dead-end streets. Lights shall be spaced approximately 300 feet apart.

(7) (Reserved)[1]

[1] Editor's Note: Former Subsection C(7), Street trees, was repealed 9-14-2020 by Ord. No. 07-20.

(8) Buffers, fences and walls. Buffers, fences and/or walls may be required where a subdivision abuts nonresidential development or where existing or potential nuisances, such as noise, aesthetics, air pollution or safety hazards, may adversely affect the residential environment of the subdivision.

§ 157-26 Blocks.

A. General. Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by this chapter and to provide for convenient access, circulation, safety and the extension of utilities.

B. Pedestrian and bicycle crosswalks. Public rights-of-way may be required in locations deemed necessary by the Planning Board. Such rights-of-way shall be improved to a sufficient width if so required by the Planning Board.

C. Easements. Rights-of-way and easements shall be of sufficient width to accomplish their intended purposes.

D. Size. Blocks shall not be less than 600 feet nor more than 1,200 feet in length, except where the Planning Board may deem that the existing conditions or special plans warrant a variation from such requirements.

§ 157-27 Lots.

A. General. Lot dimensions, front, side and rear yards and total area in square feet shall not be less than the requirements contained in Article IV, Zoning. Where there is a question of the suitability of a lot or lots for their intended use, due to factors such as rock formations, flood conditions, high water table, sewage disposal, excessive grade or similar circumstances, the Planning Board may, after adequate investigation and with professional assistance if deemed necessary, withhold approval of such lots.

B. Sidelines. Insofar as is practical, side lot lines shall be at right angles to streets and radial to curved streets.

C. Frontage. Each lot shall front upon a dedicated and improved street with the minimum width of the lot as required in Article IV, Zoning.

D. Setbacks. Where land has been dedicated for the widening of any existing road, all setbacks shall be measured from the new right-of-way line.

E. Driveways. Driveways shall not have a grade in excess of 15% over the entire length and not more than 4% for the first 25 feet from the road right-of-way unless otherwise approved by the Planning Board. Driveway aprons shall be paved on improved roads and shall not be located where visibility is limited because of curves, topography and other features. All lots shall provide for driveway turnarounds. Where required, the Construction Official, with the advice of the road foreman, shall determine whether any drainage structures are needed where the driveway meets the road.

F. Lots on major streets. Lots fronting on collector or arterial roads shall, at the discretion of the Planning Board, be serviced by a marginal access road or reverse frontage.

§ 157-28 Conservation easements.

Wherever a subdivision is traversed by a watercourse, drainageway, channel or stream or where it is desirable to preserve other areas within a subdivision because of soil conditions, rock outcroppings, trees masses, wildlife habitat, vistas or other significant horticultural, environmental or natural features, there shall be provided a drainage and/or conservation easement of sufficient area and width to protect and preserve the aforementioned features and such further width or construction, or both, as will be adequate or required to achieve said purpose. Such easements shall be deeded to the Borough, if required, prior to final subdivision approval and carry the following limitations:

A. No trees or shrubs shall be removed or destroyed on lands in the easement except in accordance with approved forest management practices.

B. In any floodplain, no topsoil, sand, gravel or minerals shall be removed to build a pond unless the Township Planning Board approves the design and structure of the pond, it being the intent to preserve the natural function of the floodplain.

C. No structures of any description shall be erected within the conservation easement unless permitted by the Planning Board.

D. No fill of any kind shall be permitted within the conservation easement, except as may be permitted by the Planning Board.

§ 157-29 Underground utilities.

A. In all subdivisions, all utility distribution lines or mains and all services shall be installed underground. In all such subdivisions, the applicant shall arrange with the serving utility for the underground installation of the utilities' distribution supply lines, in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the Planning Board prior to the granting of final approval a written instrument from each serving utility, which shall evidence full compliance with the provisions of this subsection, except, however, that lots which, in such subdivisions, abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

B. In any particular situation where the applicant can clearly demonstrate that, because of unusual topographic conditions or other unusual conditions having to do with the land, the installation of such utilities underground is impracticable or otherwise not feasible due to such conditions, then the Planning Board, in its discretion, may waive this requirement for underground installation. All underground utility work which will be under the pavement of the street shall be laid sufficiently in advance to allow for complete settlement of the trenches, and in no event shall construction work be permitted over such excavation which, in the opinion of the Borough Engineer, has not properly settled.

§ 157-30 Soil erosion and sediment control.

A. Minimum standards. Erosion and sedimentation control measures used to control erosion and reduce sedimentation shall as a minimum meet the standards and specifications of the United States Department of Agriculture (USDA) Soil Conservation District. The Borough Engineer shall ensure compliance with the appropriate specifications, copies of which are available from the District.

B. Design principles. The following control measures shall be required for an effective erosion and sediment control plan.

(1) Any stripping of vegetation, regrading or other soil disturbance will be done in such a way that will minimize erosion.

(2) Development plans shall preserve salient natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and best handle the volume and velocity of surface water runoff.

(3) Whenever feasible, natural vegetation should be retained, protected and supplemented.

(4) The area and/or duration of exposure of disturbed soils shall be kept to a practical minimum.

(5) Disturbed soils shall be stabilized as quickly as practicable.

(6) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.

(7) The permanent final vegetation and structure should be installed as soon as practical in the development.

(8) Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of water runoff shall be mechanically retarded.

(9) Sediment in the runoff water shall be trapped by utilizing debris basins, desilting basins, sediment basins or silt traps until stabilization is effected.

C. Grading. In order to provide more suitable sites for building and other physical features, to improve surface drainage and to control erosion, the following requirements shall be met:

(1) The yards of every structure shall be graded to secure proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except if otherwise approved by the Board. A minimum two-percent slope away from structures shall be required.

(2) All drainage provisions shall be of such design so as to collect on-site runoff and carry surface waters to the nearest road, storm drain or natural watercourse. Where drainage swales are used to deliver surface waters away from buildings, the swales shall be sodded or planted as required and shall be of such slope, shape and size to conform to good engineering principles.

D. Excavations and fills.

(1) No excavation shall be made with a cut face steeper in slope than 1/2 horizontal to one vertical (66%) except as approved by the Board when handled under special conditions.

(2) No fill shall be placed which creates any exposed surface steeper in slope than two horizontal to one vertical (50%) in accordance with the Road Ordinance or as approved by the Board when handled under special conditions.

(3) Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

(4) Retaining walls or cribbing shall be required where needed to prevent the surface of excavations or fills from exceeding at any point the maximum allowable slope.

(5) Excavations shall not be made so close to property lines as to endanger or adversely affect adjoining property.

(6) No fill shall be made so as to cause settlement, sliding or erosion of the soil.

(7) No fill shall be made or placed adjacent to the bank of a channel so as to create bank failure or sliding.

E. Watercourses and erosion control. No one shall block, impede the flow of, alter or construct any structure or deposit any material or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Borough Planning Board or New Jersey Department of Environmental Protection or its successor agency, whichever is applicable. Applicants shall meet all the requirements of Article VII.

§ 157-31 Construction standards.

A. Borough standards. All standards and specifications of the Borough as now or hereafter adopted, if any, shall govern the design, construction and installation of all improvements. Failure of the subdivider, developer, his contractor or agent to conform to said specifications will be just cause for the suspension of the work being performed. No subdivider shall have the right to demand or claim damages from the Borough, its officers, agents or servants by reason of said suspension.

B. Other standards. In the event that the Borough has not adopted standards for a specific type of improvement, then generally accepted engineering standards as set forth in the engineering and construction manual, as may be modified by the Borough Engineer for a specific situation, shall be used. Gas, electric, telephone and similar utilities shall be installed in accordance with applicable county, state and federal requirements and as required by the supplier.

C. Grades. All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor, and a duplicate copy of the note made therefrom shall be filed with the Borough Engineer.

D. Markers. To facilitate a site inspection by the Planning Board of the area designated on the sketch plat, the following markers shall be set on site and shall be uniformly used (in minor or major subdivisions) during sketch, preliminary and final phases:

(1) Red-flagged markers to indicate proposed lot corners of lots to be subdivided.

(2) Yellow-flagged markers to show the center line of proposed roads.

(3) Blue-flagged markers to show the location of approved percolation tests.

E. Inspection. Prior to the start of the construction or installation of any improvements, the subdivider shall meet with the Borough Engineer to arrange the necessary details regarding the scheduling of inspections, fees, schedules and similar matters. Inspections shall be conducted from time to time by the Borough Engineer or other officials charged with specific inspection responsibilities in accordance with the schedule for his report to the Planning Board and the Borough Council. No underground installation shall be covered until inspected and approved. If, during installation of any of the required improvements, the subdivider fails to meet specification requirements or to correct unacceptable work, the Borough Engineer or other responsible official shall notify the subdivider orally and in writing, by certified mail, return receipt requested, that the subdivider 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 48 hours after certified date of receipt of such notice, the subdivider has failed to perform in accordance with the official's notice and directions, the official shall then cause the notice of failure to comply to be served upon the subdivider, and the subdivider shall cease all work until the notice is complied with.

F. Site conditions.

(1) Safety and property damage. 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 subdivider upon an order by the Borough Engineer or other authorized personnel.

(2) As state statutes prohibit burying debris, an on-site disposal container is required at each development site.

(3) Disposal of litter, etc. The area shall be cleared of all litter, rubbish, debris and excess or scrap building material.

(4) Earth removal.

(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 plat.

(b) Minimal changes in elevations or contours necessitated by field conditions may be made only after approval by the Borough Engineer.

(c) All said changes necessitated by field conditions shall be shown on the final plat and indicated as a change from the preliminary plat.

(5) Protection to existing trees. Structures shall be carefully placed on each lot to avoid destruction or removal of as many as possible.

(6) Protection of natural features. Natural swales shall be included in any drainage plan insofar as practical. Views, vistas and significant horticultural features shall be preserved.

§ 157-32 Improvements.

Prior to the granting of final approval, the subdivider shall have installed improvements required by the Planning Board or have posted a performance guaranty or surety sufficient to cover the cost 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 or county, state or other governmental agencies, may be required by the Planning Board as a condition of final approval. The following improvements are necessary to protect the health, safety and welfare of the Borough. It is recognized, however, that all the improvements listed below may not be appropriate or needed in a given subdivision. These items may then be waived in accordance with § 157-13.

A. Specific improvements to be constructed or installed.

(1) Stormwater improvements.

(a) 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 or combinations of all or some of the above where appropriate. It may also include ground cover, seeding, trees, shrubs, bushes and vegetation.

(b) 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.

(c) In the event that the water flows to a stream incapable of handling the expected flow and flooding or erosion may result, the subdivider may be required to improve the stream sufficiently to accommodate expected flows resulting from the subdivision as set forth in Subsection B(2).

(d) All requirements of Article VII shall be met.

(2) Sanitary waste disposal improvements, general.

(a) Approved individual septic systems shall be installed for each lot as a condition for the issuance of a certificate of occupancy.

(b) Where a public sanitary sewer is not now reasonably accessible but may be at some future date, the subdivider may be required to install within the subdivision a complete sewer pipe system, including provisions for the connection thereto at each lot. Until such time as the system is capable of becoming operable, individual septic systems shall be installed.

(c) 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 and valves.

(3) Individual septic systems.

(a) On any lot proposed to be subdivided or to be built upon, there shall be two satisfactory percolation tests together with two soil logs showing the results of soil test borings for the purpose of determining that such lot has subsoil conditions which, in the opinion of the Planning Board, will ensure the proper operation of the individual septic system. No lot may be built upon unless the same has an approved individual septic system designed for at least a four-bedroom house and which design meets all county and state regulations.

(b) The following general rules and regulations shall be applicable to the conducting of percolation tests and the taking of soil logs:

[1] All percolation tests and soil logs shall be performed under the supervision of a licensed professional engineer or a licensed health officer or a first-grade sanitarian (authorized representatives) and witnessed by the Borough Board of Health or its authorized agent.

[2] No artificial method of obtaining a satisfactory percolation test may be used on any parcel of land. "Artificial method" is defined as trenching, ditching, use of curtain drains, blasting or like methods or devices.

[3] All percolation tests which utilized an artificial method, as herein defined, on lots on which construction has not commenced prior to August 1, 1981, shall be null and void.

[4] Before the issuance of a building permit for a structure utilizing an individual septic system based upon percolation tests more than one year old, said test results and septic design shall be reviewed by the Borough Board of Health or its authorized agent, with the advice of the Borough Environmental Commission, to determine if on-site or off-site terrain and subsurface conditions have so changed as to make said design and/or tests inadequate, in which case said tests and design shall be null.

[5] The Planning Board incident to a subdivision or site plan and the Borough Board of Health or its authorized agent shall have the right to prohibit the use of an individual septic system on any lot where the number of unsatisfactory percolation test holes exceed six in an R-1 Zone, 12 in an R-2 Zone or 18 in an R-5 Zone or where groundwater is encountered during the deep soil borings or within a period of four hours after the completion of such borings.

[6] For individual septic systems servicing other than one-family residential structures, the Planning Board and the Council Board of Health or its authorized agent shall have the right to require additional information concerning soil, geology and groundwater conditions, including the right to require additional percolation tests and/or soil logs.

[7] The design for an individual septic system with a percolation test rate of one inch in 15 minutes or faster shall consider the utilization of filtering techniques, including but not limited to sand filters, double tanks and like systems and devices.

[8] The design of an individual septic system with a percolation test rate of one inch in five minutes or faster or in the case of unusual terrain shall be reviewed and approved by the Borough Board of Health or its authorized agent with the advice of the Environmental Commission and the Borough Engineer.

[9] The two soil logs for each proposed individual septic system shall be dug in opposite diagonal quadrants of the proposed drainage field.

[10] No percolation tests shall be taken in holes left open to the atmosphere for a period longer than three days or in frozen ground.

[11] No percolation tests shall be permitted in filled ground unless the soil has been compacted or allowed to settle to the satisfaction of the Borough Board of Health or its authorized agent.

[12] No percolation tests shall be made in bedrock.

[13] The results of all percolation tests and soil logs, irrespective of the results, shall be submitted to the Borough Board of Health or its authorized agent, the County Department of Health and, in connection with a subdivision, to the Planning Board. Such report shall include the results of such percolation test in minutes per inch, the date of the test, the location by block and lot numbers, the date of the most recent precipitation, the apparent moisture of the soil prior to the test, the depth of any groundwater encountered, the number of preliminary tests made to determine apparent saturation of the soil and results in equalization of distance and time, the type of soil encountered using the Unified Soil Classification System, the thickness of said soil layers and any additional factors pertinent to the percolation test results.

[14] An applicant for a building permit shall submit to the Borough Construction Official the results of all tests described above, together with the septic system design with the satisfactory percolation tests dimensionally located thereon.

[15] The two satisfactory percolation tests required per lot shall be located within the boundaries of the proposed disposal field, no further apart than 40 feet and no closer than 20 feet, and shall be dimensionally located on all plats submitted for subdivision purposes. No disposal field shall be located closer than 25 feet to a right-of-way or a lot line.

[16] All percolation test results and soil logs received by the Planning Board, the Borough Board of Health or its authorized agent and the County Health Department shall be submitted monthly to the Environmental Commission, and if incident to a subdivision, the Environmental Commission shall report back to the impact, if any, of such proposed subdivision, including, if applicable, recommendations for additional or more comprehensive percolation tests and soil logs. All findings and recommendations of the Environmental Commission shall be duly noted in the minutes of the Planning Board, and if any action is taken by the Planning Board which is at variance with any recommendation of the Environmental Commission, the reasons therefor shall be duly noted in the minutes of the Planning Board.

(c) Percolation tests.

[1] The applicant shall notify the Borough Board of Health or its authorized agent designated to witness percolation tests at least 48 hours prior to the taking of any test.

[2] The applicant shall pay to the Borough for the services of the authorized agent of the Borough Board of Health $75 per lot per day, or fraction thereof, with a deposit of $75 to be made prior to the witnessing of the tests. The deposit fee shall not be refundable if the applicant fails to appear within one hour of the time scheduled for said tests, and an additional deposit fee of $75 shall be paid upon a rescheduling of the tests. In the event that the deposit fee shall be less than the total charge for any tests, the balance of the charges shall be payable within three days after the completion of the percolation tests, and if not so paid, said test results may not be used for any purpose in the Borough.

[Amended 10-26-1987]

[3] Percolation tests shall be conducted as follows:

[a] The minimum depth of the test hole shall be set at 30 inches.

[b] The horizontal dimensions of each test hole shall be at least eight inches with a maximum of 12 inches.

[c] The sides of the test hole shall be roughened to remove any smeared or slick surface that could interfere with water entering the soil. All loose material must be removed from the hole.

[d] All measurements shall be made from a fixed point at the top of the test hole.

[e] The test hole shall be filled to a depth of approximately seven inches. To allow for proper swelling of predominately clay soil and saturation of all soils, the test hole must be kept filled to the original depth of seven inches for a period of not less than two hours.

[f] After the saturation period has elapsed, a set time interval of five to 30 minutes shall be selected. The drop in water level in inches during the time interval selected shall be recorded for the seven inches of water. The hole shall be immediately refilled to seven inches, and the test shall be repeated using the same time interval and method. This procedure shall be repeated until the distance the water has fallen in the time interval selected becomes approximately equal.

[g] The remainder of the water shall be allowed to permeate into the soil.

[h] Any silt accumulation or debris remaining in the hole shall be immediately removed.

[i] The hole shall be immediately refilled to a depth of seven inches. The time required for only six inches of water to seep away shall be recorded. This time divided by six shall be the percolation rate. The maximum acceptable percolation rate is one inch in 40 minutes.

(d) Soil log tests shall be conducted as follows:

[1] Each of the two soil log test holes is to be dug in the area of the satisfactory percolation tests, no more than 20 feet from at least one of the satisfactory test holes.

[2] Each soil log test hole is to be no less than five feet below the lowest satisfactory percolation test hole or a minimum of 10 feet from the surface, whichever is greater in depth.

[3] Each soil log test hole shall remain open for four hours after the completion of the boring to determine if groundwater is encountered.

[4] If geological evidence, as indicated by the subsoil findings, reveals the possibility of high groundwater level or other factors affecting the proposed disposal field and/or water supply, then the soil logs shall be extended to 10 feet below the lowest satisfactory percolation test hole and the results submitted to the Planning Board and the Borough Board of Health or its authorized agent.

[5] All tests to determine depth to groundwater must be taken between January and April, inclusive, or an indication of the seasonally high groundwater level must be provided through the office of the United States Department of Agriculture Soil Conservation Service, or if the same are not available, a professional engineer shall certify the depth of the seasonally high groundwater level.

(4) Water improvements.

(a) Individual wells shall be installed for each lot as a condition for the issuance of a certificate of occupancy when the lot cannot be served by the Borough Water Company.

(b) Where a public water system is not now reasonably accessible but may be at some future date, the subdivider may be required to install within the subdivision a complete water distribution system, including provisions for connection to each lot. Until such time as the system is capable of becoming operable, individual wells shall be installed.

(c) 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. The latter shall be of a design and type approved by the Hampton Fire Department of the Borough of Hampton and shall be installed at or near street intersections or at property lines at intervals in accordance with the standards of the National Board of Fire Underwriters or successor agencies.

(5) Private utility improvements. Gas lines, telephone lines, electrical service, CATV and similar utilities shall consist of those improvements required by the applicable utility or federal or state laws.

(6) Vehicular and pedestrian improvements. Such improvements shall include all or part of the following: roads, road signs, sidewalks, lighting, traffic signs and control devices and guardrails.

(a) Roads. Roads shall meet the design specifications established in the Borough road ordinances governing various classifications of roads. Only roads constructed in accordance with the design specifications for roads as set forth in the Road Improvement Ordinance of the Borough shall, when satisfactorily completed, qualify for acceptance into the road system for maintenance thereof. Private roads are not eligible for acceptance into the Borough road system. They shall be privately maintained by the abutting owners thereon.

(b) Road signs. The design and location of all street signs shall be approved by the Planning Board. The name of all new streets shall be approved by the Borough Council or its designee.

(c) Sidewalks. Sidewalks, where required, shall be a minimum of four feet in width.

(d) 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 may be made by the Police Department or other competent agency.

(e) 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) Monuments. Monuments shall be of such size and shape and properly located as required by the Map Filing Law.[1]

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(g) 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 or 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 other improvements appropriate to the specific condition.

(h) Natural improvements.

[1] These improvements shall include all or some of the following: plants, trees, topsoil, earth removal, borrow and fill, improvements to prevent erosion and landslides, improvements to prevent damage to adjacent property, debris basins and stream channel improvements.

[2] New trees. Not fewer than two new shade trees shall be installed on each lot between the front setback line and street right-of-way line, and they shall be not closer than 25 feet to any existing or proposed streetlight or street intersection and installed so as not to interfere with utilities, roadways or sidewalks. Trees shall be nursery-grown stock not less than two-inch caliper measured one foot from the root system, planted and staked in an approved manner.

B. Required off-tract improvements. Pursuant to N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and road improvements may be required in accordance with the following criteria:

(1) Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for or construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

(2) Contribution by developer toward off-tract improvements.

(a) In cases where the need for any off-tract improvement is necessitated by the proposed development application and where the Planning Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Planning Board in writing. Said resolution or determination of the Planning Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same. In its deliberation as to whether off-tract improvements are required, the Planning Board shall be guided by the rules and regulations specified in this chapter and by the Borough Master Plan. The Planning Board may also be guided by counsel from the Planning Board Attorney, Engineer, any consultant and other qualified experts and municipal officials relative to the subject matter.

(b) In the event that the Planning Board determines that one or more improvements constitute an off-tract improvement, the Planning Board shall notify the Borough Council of the same, specifying the Board's recommendation relative to the estimated cost of the same, the applicant's prorated share of the cost and possible methods and means to implement the same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.

(3) Methods of implementation.

(a) Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.

(b) Development agreement. Where a development agreement is required governing 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 Planning Board Attorney and Borough Attorney. Said agreement shall specify the amount of cash contributions, if any, the method of payment of the same, the relative timing of such payments and the obligations to be undertaken by the Borough of Hampton.

(c) Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:

[1] Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of such conditions imposed by the Borough;

[2] Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided; or

[3] 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 Borough.

(d) Cash contributions; method of payment. Where a cash contribution is required by this chapter, said contribution shall be deposited with the Chief Financial Officer of the Borough of Hampton, with a copy of the applicant's transmittal letter forwarded to the Borough Council, the Borough Engineer and Planning Board. Any and all moneys received by the Chief Financial Officer 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 may be retained by the Borough and may be used for general municipal purposes, but in such event neither the applicant nor any of his heirs, executors, administrators or grantees shall be liable to the Borough for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.

(4) Pro rata formula for determining applicant's share of off-tract improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant.

(a) Road widening, alignment, corrections, channelization of intersections, constructions of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements. The applicant's proportionate share 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. Unpaved roads shall be considered to be at capacity with existing traffic volumes.

(b) 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 proportional 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.

(c) 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 project or 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 from 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.

(d) Stormwater and drainage improvements, including installation, relocation or replacement of drain lines, culverts and catch basins and 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. The applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the Planning Board.

(e) General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Planning Board shall also determine the pro rata amount of cost to be borne by others of lands which will be benefited by the proposed improvements.

§ 157-33 Performance guarantees.

[Amended 8-13-2018 by Ord. No. 08-18]

A. General. The developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to the public entity, and that have not yet been installed, which cost shall be determined by the Municipal Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by "the map filing law," N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

B. Privately owned perimeter buffer landscaping. The performance guarantee shall include, within an approved phase or section of a development, privately owned perimeter buffer landscaping, as required by ordinance or imposed as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.

C. Temporary certificate of occupancy bond. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy bond," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, building or phase of development. Upon posting of a temporary certificate of occupancy bond, all sums remaining under a performance guarantee, required pursuant to § 157-33A, which relate to the development, unit, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. At no time shall the municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy bond shall be released upon the issuance of a permanent certificate of occupancy with regard to the development, unit, building, or phase as to which the temporary certificate of occupancy relates.

D. Safety and stabilization bond. In addition to a performance guarantee required pursuant to § 157-33A, a developer shall furnish to the municipality a separate guarantee, referred to herein as a "safety and stabilization bond," in favor of the municipality, to be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:

(1) Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and

(2) Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the bond.

(3) The municipality shall not provide notice of its intent to claim payment under a safety and stabilization bond until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.

(4) The amount of a safety and stabilization bond for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.

(5) The amount of a safety and stabilization bond for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.

E. Extension of time. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

F. Liability. If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," N.J.S.A. 40A:11-1 et seq.

G. Request for list of uncompleted or unsatisfactory completed improvements. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 157-33A, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 157-33A.

H. Action by governing body. The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee and the safety and stabilization bond relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 157-33A. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee and safety and stabilization bond, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization bond posted may be retained to ensure completion and acceptability of all improvements. For the purpose of releasing the obligor from liability pursuant to its performance guarantee and safety and stabilization bond, the amount of the performance guarantee and safety and stabilization bond attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization bond to ensure completion and acceptability of all improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy bond has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed.

§ 157-34 Maintenance guarantees.

[Amended 8-13-2018 by Ord. No. 08-18]

A. General. The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to § 157-33A or B or both § 157-33A and B a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.

B. Amount of maintenance guarantee. The developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.

C. Term. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

§ 157-35 Acceptance of bonds.

A. The Borough Council shall not accept any roads or other improvement into the municipal road system or for municipal ownership until the maintenance period expires or after the deficiencies are repaired and then only if the Borough Engineer reports that they are in the same condition as when first certified.

B. The Borough may, however, undertake to remove snow from the roads during the period between first certification and final acceptance, if the subdivider presents a written request to the Borough Clerk and agrees in said request to the Borough Clerk to hold the Borough harmless for damage to the road or improvements or both caused by said snow removal activity of the Borough.

§ 157-36 Engineering inspection fees.

[Amended 8-13-2018 by Ord. No. 08-18]

A. General. The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements: which fees shall not exceed the sum of the amounts set forth in Subsection A(1) and (2) below. The developer shall post the inspection fees in escrow in an amount:

(1) Not to exceed 5% of the cost of bonded improvements that are subject to a performance guarantee under § 157-33A or B or both § 157-33A and B; and

(2) Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under § 157-33A, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

B. Installments. For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.

C. Request for additional deposit. If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection A(1) and (2), is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Municipal Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

§ 157-37 Deeds for roads and improvements.

A deed for the road and improvements shall be submitted to the Borough Council upon acceptance, when the 18 months have expired and the Borough Engineer certifies that no further maintenance is required by the subdivider. This deed will be approved as to form and sufficiency by the Borough Attorney and the Borough Engineer and recorded at the expense of the subdivider.

§ 157-38 Building permits and occupancy permits.

A. Building permit. A building permit shall not be issued until final approval has been granted. The Clerk of the Planning Board shall certify that all conditions of subdivision have been met, and said certification shall be a prerequisite to the issuance of a building permit by the Construction Official on any lot created by action of the Planning Board.

B. Occupancy permit. Except as noted in Subsection C below and in § 157-39, an occupancy permit for any building shall not be issued until the complete installation of all required improvements, including but not limited to sanitary disposal systems, water, gas, storm drains, etc., and installation of road subbase, road base and top course and curbs in accordance with the specifications of the Borough as certified, in writing, by the Borough Engineer. No certificate of occupancy shall be issued unless all fees required in this chapter have been paid and all conditions of subdivision approval complied with. An occupancy permit shall not be issued until the required road has been installed pursuant to Borough specifications and in compliance with all Borough ordinances and conditions of subdivision approval applicable thereto, as certified, in writing, by the Borough Engineer and approved by the governing body. No occupancy permit shall be issued for any building if the exterior grading of the lot on which the same is located is not completed in accordance with proposed elevations and contours approved by the Planning Board. No occupancy permit shall be issued for any building if the exterior grading of the lot on which the same is located results in the ponding of water or the diversion of water on adjacent lands.

C. Temporary certificate of occupancy. The Construction Official may grant a temporary certificate of occupancy for a specified period of time not exceeding six months if weather or other conditions beyond the control of the applicant prevent compliance with the conditions of approval. The Construction Official shall notify the Planning Board of the issue of the temporary certificate of occupancy and the date of expiration. Before granting the temporary certificate of occupancy, a cash bond for the amount of the unfinished improvements shall be deposited with the Borough.

§ 157-39 Postponement of road installation.

Upon certification, in writing, by the Borough Engineer that the best interests of the Borough require a delay for engineering reasons before the subdivider or developer finishes the road, the Planning Board may recommend and the governing body may approve the issuance of an occupancy permit, provided that the following conditions are met:

A. That the Borough Engineer certifies in a letter to the Planning Board that the proper road base has been installed.

B. That the developer has deposited with the Borough Clerk an amount of money, determined by the Borough Engineer and approved by the Planning Board, exclusive of prior deposits, needed to complete the top course, as sufficient to maintain the road and road base in a passable condition, free of ruts, mud, potholes and obstructions. Maintenance of the road shall be the responsibility of the developer. The Clerk shall notify the Planning Board when said money has been deposited. Any moneys remaining shall be applied to the maintenance guaranty required in § 157-34.

C. That the developer agrees, in writing, to complete the road within 60 days after written notice by the governing body.

D. That, upon failure of the subdivider or developer to complete the road within the time limit in accordance with the specifications of the Borough, the Borough may complete the road at the subdivider's or developer's expense.

§ 157-40 Violations and penalties.

A. General. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Borough approval is required by ordinance, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

B. Specific relief.

(1) In addition to the foregoing, the Borough may institute and maintain a civil action:

(a) For injunctive relief; and

(b) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Article 6, Section 44, of the Municipal Land Use Law.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-56.

(2) In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

§ 157-41 Street design criteria.

[Added 8-13-1984]

The following street standards shall apply to all developments within the Borough of Hampton:

A. Development density. For purposes of applying street standards only, "development density" shall be defined as the total number of dwelling units in the development divided by the total area of land devoted to individual lot development, not including dedicated or undedicated common open space as established by this chapter.

B. Local street design criteria. Local street design criteria shall be as follows:

			Development Density
	Type		Low	Medium	High
	Right-of-way width (feet)		50	60	60
	Minimum pavement width (feet)a		22	28	36
	Curbingb		O/R	V	V
		V = Vertical face
		R = Roll-type
		O = None
	Width of sidewalks and bicycle paths (feet)		0	4 to 6	4 to 6
	Sidewalk distance from curb face (feet)			6	6
	Minimum sight distance (feet)		200	200	200
	Maximum grade (percent)c		10	10	10
	Minimum grade (percent)		0.5	0.5	0.5
	Maximum cul-de-sac length (feet)d		1,000	700	700
	Minimum cul-de-sac radius right-of-way (pavement)		60(50)	60(50)	60(50)
	Design speed (mph)		25	25	25
	Minimum center-line radius of curves (feet)		300	300	300
	Minimum tangent between reverse curves (feet)		50	50	50
	Off-street parking		In accordance with this chapter
	Streetlighting		See Note e	See Note e	See Note e

	NOTES:
	a. Minimum pavement widths presume that adequate off-street parking has been provided in accordance with this chapter. If adequate off-street parking is not provided, then pavement widths shall be increased by six feet for low and medium density. Curb parking is discouraged.
	b. Curbing shall be required in all cases where the street grade exceeds 5% or the velocity of stormwater in the shoulder or swale exceeds three feet per second based upon a twenty-five-year design storm.
	c. See intersection design criteria (Subsection D of this section).
	d. Does not apply to apartment/townhouse/condominium/cluster developments. Cul-de-sac length shall be designed for maximum ADT (average daily traffic) of 200. ADT shall be based upon latest edition of Trip Generation as published by the Institute of Transportation Engineers.
	e. Streetlighting of intersections shall be required for all development densities. Streetlighting along the street shall be required for medium- and high-density development. All streetlighting shall maintain an average footcandle of 0.2 for lighting along the street and 2.0 average footcandles at intersections.

C. Collector street design criteria. Collector street design criteria shall be as follows:

		Development Density
	Type	Low	Medium	High
	Right-of-way width (feet)	70	70	70
	Pavement width (feet)	36	36	40
	Type of curb	Vertical	Vertical	Vertical
	Sidewalk width (feet)	4 to 6	4 to 6	4 to 6
	Sidewalk distance from curb face (feet)	10	10	10
	Minimum sight distance (feet)	250	250	250
	Maximum grade (percent)a	8	8	8
	Design speed (mph)	30	30	30
	Minimum center-line radius (feet)	500	500	500
	Minimum tangent between reverse curves (feet)	100	100	100
	Streetlighting	See Note b	See Note b	See Note b

	NOTES:
	a. See intersection design criteria (Subsection D of this section).
	b. Streetlighting along the street shall maintain an average footcandle of 0.4 and 3.0 average footcandles at intersections.

D. Intersection design criteria. Intersection design criteria for all densities shall be as follows:

(1) Approach speed shall be 25 mph.

(2) Clear sight distance (length along center line of each approach leg) shall be 90 feet.

(3) Vertical alignment within 50 feet of intersecting curbline or pavement edge shall be a maximum of 3% and a minimum of 0.5%.

(4) Minimum angle of intersection shall be 75° to 90° preferred.

(5) Minimum curb radius shall be as follows:

(a) Local-local streets: 20 feet.

(b) Local-collector streets: 25 feet.

(c) Collector-major streets: 30 feet.

(6) Minimum center-line offset of adjacent intersection shall be as follows:

(a) Local-local streets: 125 feet.

(b) Local-collector streets: 150 feet.

(c) Collector-collector streets: 200 feet.

(7) Minimum tangent length approaching intersection shall be 50 feet.

(8) All intersections shall be curbed.

(9) Minimum curbed width of pavement shall be 28 feet or the width of the street, if greater.

(10) If the street is not curbed (low-density local street), then curbing shall extend 10 feet beyond the point of curvature of the curb return. A pavement transition of 25 feet shall be provided from the wider pavement to the narrower pavement beyond the end of curb.

(11) All intersections shall provide for drainage improvements (inlets, grading, drainpipes, etc.) so that stormwater does not flow across intersecting streets or lay in the intersection.

(12) Sight triangle easements shall be dedicated to the Borough. No grading, planting or structure shall be erected or maintained more than 24 inches above the center-line grade of the intersecting street or lower than 120 inches so that unobstructed view of the roads is maintained. Traffic control devices and other man-made or natural objects may remain if it can be demonstrated that they do not obstruct the view of oncoming traffic.

E. Pavement specifications.

(1) Pavement specifications shall be as follows:

	Class of Street	Surface Course	Base Course	Subbase
	Local	2-inch bituminous concrete surface course, Mix I-5	4-inch bituminous stabilized base course, Mix I-2	Type 5, Class A soil aggregate, if and where required
	Collector	2-inch bituminous concrete surface course, Mix I-5	5-inch bituminous-stabilized base course, Mix I-2	Type 5, Class A soil aggregate, if and where required

(2) All street construction procedures and materials shall be in accordance with New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, 1983, as amended.

§ 157-42 Pavement standards.

[Added 11-9-1992 by Ord. No. 14-92]

A. Pavement thickness and type for all Borough streets shall be as specified below.

B. Paving may not begin until approval of the subgrade has been given by the Borough Engineer.

C. Pavement types shall be as follows:

(1) Local streets: two-inch bituminous concrete surface course, Mix I-5, on four-inch bituminous stabilized base course, Mix I-2, on six-inch dense graded aggregate.

(2) Collector streets: two-inch bituminous concrete surface course, Mix I-5, on five-inch bituminous stabilized base course, Mix I-2, on six-inch dense graded aggregate.

D. Tack coat and prime coat shall be applied as directed by the Borough Engineer. For material and construction specifications, refer to the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended.

E. Specified thicknesses shall be considered the minimum acceptable thickness, and the acceptance limits specified in the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, shall not apply.