[Adopted as § 11-2 of the 1971 Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
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.
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.
The Township Engineer of the Township of Stillwater or a licensed
New Jersey professional engineer approved by the Township Committee.
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]
A street which has been improved in accordance with the minimum design
standards contained in Section 12-10, Road Design and Construction.[1]
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 contained in Section 12-10, Road Design and Construction.
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.
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.
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 of Section 12-10, Road Design and Construction, because of the development adjoining such roads prior to September 2, 1969.
[1]
Editor's Note: The reference to Section 12-10 is a reference to Former Chapter XII of the Revised General Ordinances of the Township of Stillwater, which chapter was repealed when Chapter 240, Land Development, was adopted on November 10, 2003. See Article VIII of Chapter 240 for site improvement standards. There are several references in this article to this repealed section.
[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 contained in Section 12-10,
Road Design and Construction, the Township Committee shall accept the street
as a public street or road in the manner provided by law.
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]
Construction standards shall be as set forth in Subsection 12-10.4,
Design standards, shall be in accordance with Subsection 12-10.3 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.
A.
From and after January 1, 1974, the Township Committee
shall, upon application, accept all roads or streets connecting to an existing
Township, county or state road currently maintained by the Township, county
or state, provided that the road to be so accepted complies with the minimum
road design and construction standard set forth in Section 12-10, as amended.
The Township Engineer, however, for good cause may, with the consent of the
Township Committee, require higher construction standards where deemed necessary
in the public interest.
B.
The Township Committee may, upon application, accept streets and roads defined in Subsection B(1), (2), (3), (4) or (5) in § 350-19 if such roads connect to an existing Township, county or state road, provided that any such street or road must meet all construction and design standards set forth in §§ 350-22 through 350-25, inclusive, as, from time to time, amended, or such higher standards as may be required by the Township Committee upon the advice of the Township Engineer when such higher standards are deemed necessary in the public interest; and further provided that the acceptance of streets defined in Subsection B(1), (2), (3), (4) or (5) in § 350-19 may be postponed for two calendar years from the date of the application if public funds are not available or for other just cause. The Township Committee shall advise the applicant of any proposed postponement as to road acceptance prior to any expenditure on road improvements by the applicants other than those necessary as a prerequisite for making the application.
[Amended 7-21-1992 by Ord. No. 92-5]
