As used in this article, the following terms
shall have the meanings indicated:
ADJOINING OWNER
Any and all persons having an interest (other than a security
interest) in the title to a plot or tract of land adjoining an unaccepted
street or road offered for acceptance under the provisions of this
article.
PUBLIC STREET
A state, county or Township street or road which has either
been accepted by deed, by road return, by legal right of usage or
by ordinance and which is an accepted public street or road not legally
abandoned or vacated.
TOWNSHIP ENGINEER
The Township Engineer of the Township of Stillwater or a
licensed New Jersey professional engineer approved by the Township
Committee.
UNACCEPTED STREET
Any street, road, avenue, land, alley or any other way or
means designed for vehicle traffic, however designated, which is not
a public street but which conforms to one of the following classifications:
[Amended 7-21-1992 by Ord. No. 92-5; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
A street which has been improved in accordance
with the minimum design standards established by the State of New
Jersey.
B.
A street which, after September 2, 1969, is
within a major subdivision for which final approval of the final plat
has been granted by the Planning Board and the Township Committee,
provided that all street improvements have been completed to the satisfaction
of the Planning Board and the Township Committee, upon recommendation
of the Township Engineer, in accordance with the minimum standards
established by the State of New Jersey.
C.
A street shown upon a final plat approved as
a major subdivision prior to September 2, 1969, by official action
of the Planning Board and Township Committee.
D.
A street shown upon a plat duly filed and recorded
in the office of the Sussex County Clerk prior to October 18, 1960,
the date of appointment of the Planning Board with the grant to the
Board of the power to review plats.
E.
Any other unaccepted street not included in Subsections
A,
B,
C and
D herein which are used for vehicular traffic and which, in the opinion of the Planning Board and Township Committee, cannot be improved to the width established by the State of New Jersey, because of the development adjoining such roads prior to September 2, 1969.
[Amended 7-21-1992 by Ord. No. 92-5]
The provisions of this article shall apply to
the acceptance by the Township of streets or roads defined above as
unaccepted streets or roads.
[Amended 7-21-1992 by Ord. No. 92-5]
A. Upon application to the Township Committee by the
owner or owners of a street or road designed and constructed in accordance
with the provisions of the minimum design standards established by
the State of New Jersey, the Township Committee shall accept the street
as a public street or road in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Upon application to the Township Committee by the owners of 2/3 of the property on a linear front footage basis adjoining an unaccepted street, as defined in §
350-19, the Township Committee may elect to accept the dedication of this street or road, in the manner provided by law, as a public street or road in accordance with the provisions of this article, provided that the requests therefor are presented in writing and are accompanied by an agreement signed by the adjoining owners on each side of the street to bear their pro rata share of the cost of the improvement and all expenses incidental thereto and any other charge imposed by the governing body pursuant to N.J.S.A. 40:56-1 et seq. or other applicable law.
(1) If the existing right-of-way width on the unaccepted street is less than 40 feet, the requests shall also be accompanied by the agreement or agreements providing for dedication of additional right-of-way width by all owners of property adjoining the road or that portion for which acceptance is sought in accordance with the provisions of §
350-24.
(2) All such improvements shall be made by the Township
in the manner determined by the Township Committee under the supervision
of the Township Engineer.
[Amended 7-21-1992 by Ord. No. 92-5; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Construction standards shall be as established
by the State of New Jersey unless specifically waived by the Township
Committee upon the advice of the Township Engineer for good cause
shown and provided that the waiver can be granted without impairing
the safety of the traveling public.
In the event that stormwaters are or are to
be directed outside of the street or road right-of-way line by the
installation of stormwater sewers, drainage ditches, culverts or other
stormwater drainage appurtenances, drainage flow easements to the
Township shall be provided by the adjoining owner or owners to the
extent and width necessary to allow proper maintenance.
[Amended 7-21-1992 by Ord. No. 92-5; 8-18-1992 by Ord. No.
92-13]
A. A right-of-way width for any street or road offered
to the Township for acceptance shall not be less than 40 feet. The
graded width shall not be less than 30 feet unless specifically approved
by the Township Committee upon the advice of the Township Engineer
for good cause shown. The paved surface width shall not be less than
20 feet.
B. Where the right-of-way width of the street or road
being offered for acceptance by the Township is more than 40 feet,
the entire right-of-way width for the road shall be dedicated or conveyed
by the owner or owners to the Township; but if the right-of-way width
of the road is less than 40 feet, the application submitted to the
Township Committee shall be accompanied by an agreement or agreements,
in writing, provided that the owner or owners of all of the property
adjoining the road or that portion for which acceptance is sought
will dedicate or convey by deed additional right-of-way on each side
so that the road as accepted will be a minimum of 40 feet in right-of-way
width.
C. Recognizing that in some cases it would be impractical
or would create undue hardship upon an owner or owners of an adjoining
property to require the full forty-foot right-of-way width because
of prior development or natural features of the property, the Township
Committee may in such cases, with the advice of the Township Engineer
and after public hearing has been held, require a lesser right-of-way
width for such street or road or some portion or portions thereof,
provided that public safety is not impaired thereby; but in no case
shall the Township be obligated to accept the dedication of any street
or road having a right-of-way width of less than 33 feet.
Where excessive vertical grades or horizontal
curves exist on an unaccepted road for which acceptance is sought,
the Township Committee, with the advice of the Township Engineer,
may establish such new vertical grades and horizontal curves as it
deems minimally acceptable, and the Township Committee shall be under
no obligation to accept any portion or portions of such street or
road until any necessary additional rights-of-way have been obtained.
The following general terms and conditions shall be applicable to all applications made pursuant to §
350-21:
A. Where adjoining owners have no interest or legal title
in the street or road for which application for acceptance is made,
the consent of the owner of the street or road shall be obtained.
B. No application shall be considered requesting acceptance
of a street or road unless the street or road for which acceptance
is sought is contiguous to or adjoins a public street or road.