Township of Liberty, NJ Article III Standards and Principles

§ 90-12 Soil erosion and sediment control.

A. All measures for soil erosion control and sedimentation control shall be equal to or exceed the Standards for Soil Erosion and Sediment Control in New Jersey, promulgated by the New Jersey State Soil Conservation Committee and the Warren County Soil Conservation District, and Standards and Specifications for Soil Erosion and Sediment Control in Urbanizing Areas, prepared by the United States Department of Agriculture, Soil Conservation Service, Somerset, New Jersey.

B. Disturbance shall be done in a manner which will minimize soil erosion.

C. Sediment shall be retained on the site.

D. Natural vegetation should be retained and protected.

E. The area and duration of the disturbance should be minimized.

F. Temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed erodible areas during disturbance.

G. Drainage devices shall accommodate all increased runoff resulting from modification of soil and surface conditions during and after development or disturbance.

H. Soil erosion and sedimentation control measures shall be installed prior to other land disturbance.

I. The applicant shall bear the full and final responsibility for the installation and construction of all required soil erosion and sediment control measures.

J. In reviewing the soil erosion and sediment control plan, the Planning Board shall consider the suitability and effectiveness of the applicant's proposed plan; the existing topography, present vegetation and soil conditions of the tract; the critical and environmentally sensitive areas of the tract; applicable environmental or resource protection ordinances, statutes or regulations; and the health, safety and welfare of the public.

§ 90-13 Surface water runoff control.

A. The peak rate of runoff from a site during or after development should not exceed the predevelopment peak rate of runoff.

[Amended 8-7-1989 by Ord. No. 6-89]

B. Runoff within a site should ultimately leave the site in the same watershed in which it originated.

C. The use of cluster development and conservation easements should be considered to reduce the rate or volume of surface water runoff, to reduce the total area of impervious surfaces and to preserve open space and topographic features critical to surface water management.

D. Maximum use should be made of presently existing surface water runoff control measures, including but not limited to berms, terraces, grassed waterways, swamps, swales, ditches, woodlands, floodplains, favorable hydrologic soils or watercourses.

E. Runoff control measures shall be used both to retard or reduce runoff and to increase recharge.

F. Runoff control measures listed in Urban Hydrology for Small Watersheds (TR 55), United States Department of Agriculture, Soil Conservation Service (on file in the office of the Township Engineer), should be employed.

G. Runoff values shall be calculated by the rational method (Q=CIA), the Soil Conservation Service method or by other engineering methods acceptable to the Township Engineer. Either the Warren County Engineering Department standards for the coefficient of runoff or other generally accepted engineering standards should be used.

H. Stormwater retarding structures should control all storms occurring more frequently than once in 100 years, and discharge should not exceed the amount that would have resulted from a storm of the same frequency under predevelopment conditions.

I. All water-carrying structures and/or retention areas should be completed and stabilized prior to diversion of water to them.

J. In reviewing a surface water runoff plan, the Planning Board should consider its suitability or effectiveness; the existing topography, vegetation, hydrologic factors and soil conditions; the groundwater supply, groundwater recharge and discharge areas, wet soils and seasonable high-water table; the natural drainage flow and pattern; the design storm; critical and environmentally sensitive areas of the site; and land uses in both the immediately vicinity of the site and the surrounding drainage region.

§ 90-14 Subdivision design standards.

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

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

(2) Conformance to Master Plan and Official Map. Where either or both an Official Map or Master Plan has been or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officialy adopted Master Plan or Official Map shall be shown on all subdivision plats and shall be considered in approval of subdivision plats.

B. Streets. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and where necessary in order to promote orderly flow of traffic, safety and welfare of the public and shall be such as to provide for appropriate extension to adjoining properties for future streets.

(1) Classification of streets. For any subdivision, it shall be the duty of the Planning Board to classify proposed streets according to their function in providing circulation and access in the community. In making a determination as to the classification of a particular street, the Planning Board shall take into consideration the provisions of the Master Plan, the existing and proposed conditions within the subdivision and the area and potential development in proximity thereto.

(2) Public street right-of-way widths. The street right-of-way width shall be measured from abutting lot line to abutting lot line and shall be as follows:

	Type of Street	Minimum Right-of-Way (feet)	Minimum Pavement Width (feet)
	Minor street	50	24
	Collector street	50	30

(3) Street pattern. Major subdivisions shall be designed so as to provide a street pattern which is curvilinear in design. The design of residential street patterns shall be based upon a local residential street pattern connected to a residential collector street system. The Planning Board, on review of subdivision applications, may limit access on existing collector roads (Quenby Mountain Road, Danville Mountain Road, Free Union Road, Mountain Lake Road, Marble Hill Road and Shades of Death Road) and onto major roads (New Jersey State Highway Route 46 and Hope-Great Meadows Road) and may require reverse frontage or construction of a local service road with a buffer strip or island as a means to separate through and local traffic.

(4) Widening existing streets. Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or street width requirements of this chapter 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. The Planning Board and Township Committee may require the developer to make improvements within the widened street area.

(5) Dead-end streets (culs-de-sac).

(a) No more than 15 lots shall be permitted on any cul-de-sac, which cul-de-sac shall provide a turnaround at the end with a radius of not less than 50 feet, with a tangent, whenever practicable, to the right side of the street.

[Amended 8-7-1989 by Ord. No. 6-89]

(b) If a dead-end street is of a temporary nature, a similar turnaround shall be provided, and provisions shall be made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

(6) Reserve strips. 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 placed in the governing body under conditions approved by the Planning Board.

(7) Street intersections.

(a) Angle of intersections. No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 60°, measured at the center line of streets, shall not be permitted. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 25 feet.

(b) Approaches. Approaches of any collector street to any intersection of another collector street or a major street (New Jersey State Highway Route 46 and Hope-Great Meadows Road) shall follow a straight line course within 100 feet of the intersection.

(c) Sight triangles. In addition to right-of-way widths required for full lengths of streets, easements for sight rights at intersections in the shape of triangles shall be dedicated to cover the area bounded by the right-of-way lines and a straight line connecting sight points on streets' center lines which are the following distances from the intersection of the center lines. No object of a height in excess of 30 inches shall be permitted within a sight triangle. This may be further reduced depending on the topography.

[Amended 8-7-1989 by Ord. No. 6-89]

[1] Where a minor street intersects another minor street: 90 feet.

[2] Where a minor street intersects a collector street: 90 feet on the minor street and 200 feet on the collector street.

[3] Where a minor street or a collector street intersects a major street: 90 feet on the minor street or collector street and 300 feet on the major street.

(d) Curb radius at intersections. Curb radii at intersections shall be designed to permit turning movements of vehicles without encroachment into the opposing lanes of traffic. The minimum curb radius shall be not less than 20 feet.

(e) All points of access shall provide safe sight distances as published by the American Association of State Highway and Transportation Officials publication, Geometric Design of Highways and Streets.

[Added 6-3-1991 by Ord. No. 8-91]

(8) Property access. Unless necessary to provide access to a lot in separate ownership existing before the adoption of this chapter, no driveway access to property or additional street intersection may be permitted within the sight triangles as specified above.

(9) Reverse curves. A tangent of at least 100 feet shall be introduced between reverse curves on collector streets.

(10) Connecting streets. 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 collector streets.

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

(12) Grades.

(a) Maximum grades of streets shall be as follows:

[1] Minor streets: 12%.

[Amended 8-7-1989 by Ord. No. 6-89]

[2] Collector streets: 12%.

[3] Culs-de-sac: 5%.

[Added 8-7-1989 by Ord. No. 6-89]

(b) No streets shall have a minimum grade of less than 1/2 of 1%. Within 50 feet of the intersection of any street with a collector street or major street, the maximum grade shall be limited to 2%.

(13) Grade changes. All changes in grades in excess of 1% shall be connected by a vertical curve to provide a smooth transition and proper sight distance acceptable to the Township Engineer.

(14) Street names.

(a) Street names and subdivision names shall not duplicate or nearly duplicate the names of existing streets or subdivisions in the Township or in surrounding communities and shall be subject to the approval of the Planning Board. The continuation of an existing street shall have the same name.

(b) No street in the municipality shall be named so that it is the same name as any other street within the municipality. In the event of any such similarity, whether existing or in the future, the name shall be immediately changed by the Committee to sufficiently distinguish such street from any other street so that emergency, delivery, postal or other service can be accomplished expeditiously and without confusion.

[Added 5-1-1995 by Ord. No. 10-95]

C. Blocks. The lengths, widths and shapes of blocks shall be determined with due regard to:

(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated.

(2) Zoning requirements as to lot sizes and dimensions.

(3) Needs for convenient access, circulation, control and safety of street traffic.

(4) Limitations and opportunities of topography.

(5) For uses other than single-family residential, block sizes shall be sufficient to meet all area, yard and parking requirements of such particular use.

(6) In blocks over 1,000 feet long, pedestrian walkways may be required in locations deemed necessary by the Planning Board. Such walkways shall be not less than four feet wide.

D. Lots.

(1) Lot dimensions, front, side and rear yards and total area in square feet shall not be less than the requirements of the Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 105, Zoning.

(2) Lots shall provide adequate size and building sites suitable to the special needs of the type of use contemplated.

(3) Lots, houses and driveways shall be designed and laid out so that cars can be turned on the lot and shall not be backed onto any street.

(4) Side lot lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

(5) Lots for single-family dwellings shall provide two parking spaces improved to standards set forth in the Liberty Township Driveway Ordinance for driveways.[2]

[2] Editor's Note: See Ch. 53, Driveways.

(6) Unsuitable lots. All lots shall be adaptable for the purpose for which they are intended to be used without danger to health or peril from flood, fire, erosion or other menace. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

(7) Lot drainage. Lots shall be graded to secure proper drainage to prevent the collecting of stormwater in pools. Grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land.

(8) Topsoil protection. Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of cover to all areas of the subdivision not covered by an impervious surface and may be stabilized by seeding or planting on slopes of less than 12% as shown on the final grading plan, if one is required, and shall be stabilized by sodding on slopes of 12% or over as shown on the final grading plan. No topsoil shall be removed from the site or used as spoil unless it exceeds the requirements of the preceding sentence.

(9) Lot numbers shall be obtained from the Tax Assessor. House numbers may be secured through the post office with advice from the Tax Assessor.

[Amended 8-7-1989 by Ord. No. 6-89]

(10) Structure location and driveways. All lots shall be such that a structure conforming to the intended use and setback requirements of the Zoning Ordinance[3] can be constructed in an area of the lot that is:

(a) Not within the one-hundred-year floodplain or within any wetlands or any wetlands transition area unless specifically permitted by the New Jersey Department of Environmental Protection.

[Amended 8-7-1989 by Ord. No. 6-89; 10-6-1997 by Ord. No. 97-14]

(b) At an elevation of more than five feet above mean water level of an adjacent stream or drainage course.

(c) Otherwise in conformity with the provisions of the Zoning Ordinanc[4] and all other ordinances or regulations of the Township and any other governmental authority. Any structure must be accessible by means of an improved driveway in compliance with the Liberty Township Driveway Ordinance.[5]

[4] Editor's Note: See Ch. 105, Zoning.

[5] Editor's Note: See Ch. 53, Driveways.

[3] Editor's Note: See Ch. 105, Zoning.

(11) Plan. A plan and profile of any proposed driveway shall be submitted as part of site plan and/or subdivision application. Said driveway design shall, if the development be approved, be made part of said approval. Any deviation from said driveway design, unless deemed by the Township Engineer to be de minimus and properly a field change shall be returned to the reviewing board for considerations.

[Added 10-6-1997 by Ord. No. 97-14]

E. Easements.

(1) Easements shall generally be located along property lines whenever practicable in order to minimize loss of private usable property land area. Easements shall be at least 20 feet wide and of sufficient width to permit installation and maintenance of facilities without encroachments on adjacent private property and shall be located in consultation with the companies or municipal departments concerned.

(2) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width for construction and maintenance as will be adequate for the purpose.

(3) All easements shall be described by a metes and bounds description, and a right-of-way shall be granted to the municipality or agency which exercises jurisdiction and control of the easement area prior to any final subdivision approval. Natural features, such as trees, brooks, hilltops and views, shall be preserved, whenever possible, in designing any subdivision containing such features.

F. Areas for public use.

(1) Any land shown on the Master Plan as intended for parks, playgrounds, school sites or other public use shall be designated and reserved for such use. The Planning Board shall be permitted to reserve any such land for public use in accordance with the provisions of N.J.S.A. 40:55D-44.

[Amended 7-6-87]

(2) Wherever possible, subdividers shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks based upon recommendation by the Shade Tree and/or Environmental Commissions.

(3) Walkways should be provided to eliminate crossing private property.

[Amended 8-7-1989 by Ord. No. 6-89]

G. Buffer areas. If a subdivision abuts an area zoned for a use different from the use permitted in the area of the subdivision, the Planning Board shall require a separation to promote the public safety and general welfare of the Township and, where feasible, shall require that the lots within such a subdivision are so laid out that the rear yards of the lots abut any area zoned other than for residential use.

[Amended 8-7-1989 by Ord. No. 6-89; 6-3-1991 by Ord. No. 8-91]

H. Constraints. Constraints, delineations and calculations, as outlined in § 90-8F(8).

[Added 8-7-1989 by Ord. No. 6-89]

I. Environmental impact statement. An environmental impact report shall be submitted with all subdivisions and site plans, except as provided below:

[Added 8-7-1989 by Ord. No. 6-89]

(1) General provisions.

(a) The term "Board" shall apply to Planning Board and the Zoning Board of Adjustment,[6] as appropriate, throughout the remainder of this subsection.

[6] Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.

(b) The environmental impact generated by land developed projects necessitates a comprehensive analysis of the variety of problems. This constitutes an environmental impact statement. In evaluating environmental impact, the Planning Board and Zoning Board of Adjustment[7] shall not approve any submission until they find and determine that the proposed development:

[1] Will not result in appreciable harmful effects to both the natural and aesthetic environments.

[2] Has been designed and conceived with a view toward the protection of the regional resources and energy-saving techniques.

[3] Will not place a disproportionate or excessive demand upon the total resources available for such proposal.

[7] Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.

(c) In order to accomplish these goals, the Board shall condition any approval upon the agreement to implement performance controls deemed necessary to assure the protection of the environment. Any approval shall also be conditioned upon the receipt of licenses, permits or other approvals required by law. Those factors outlined in Subsection 1(4)(e) below, along with supplemental requirements adopted by the Board, shall be used to determine the environmental performance controls that are necessary.

(2) General requirements. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site and the location of the project. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement (a revised environmental impact statement may be required if significant changes to the site plan as determined by the Planning Board prior to final approval were done since original submission), the requirements for such a document are listed as follows:

(a) Plot plan applications for a single- or two-family dwelling on an existing lot of record are specifically exempt from the environmental impact statement requirements. In addition, minor subdivisions shall, in general, be exempt unless required by the Board due to specific sensitive environmental situations. Finally, all agricultural operations are exempt that are conducted in accordance with a plan approved by the Soil Conservation District, and all silviculture operations are exempt that are conducted in accordance with a plan prepared by a professional forester or the New Jersey Division of Parks and Forests.

(b) A preapplication conference may be held with the Township Planner and/or the Planning Board Chairman, or his designee, to determine the content of the environmental impact statement as outlined in Subsection I(4), along with any supplemental guidelines adopted by the Board. Waivers of specific environmental impact statement requirements shall be granted by the Planning Board with input from the Township Planner and Engineer.

(c) When the environmental impact statement is prepared by an individual other than the applicant, the credentials and expertise of that individual shall be submitted with the environmental impact statement. All applicable material on file in the Liberty Township Municipal Building pertinent to local conditions shall be consulted. Any additional material pertinent to evaluation of potential regional impacts shall also be considered. Furthermore, as much original research as necessary shall be conducted to develop a comprehensive environmental impact statement.

(d) The environmental impact statement shall consist of written and graphic materials which will clearly present the information that is required. The scale of all maps shall be one inch equals 50 feet, unless the Planner and/or Planning Board agree to another scale. Contours, when required, shall be provided at two-foot intervals for slopes of less than 15% or five-foot intervals if greater than 15%.

(e) Upon receipt of the environmental impact statement, the Planner shall determine within 45 days if it is complete or incomplete. If it is incomplete, it shall be returned to the applicant with recommendations regarding the additions, deletions and/or corrections which are needed.

(f) In preparing the environmental impact statement, the applicant shall make himself aware of the requirements specified in other sections of the land development ordinances so that unnecessary duplication of effort is avoided.

(3) Application types.

(a) All major subdivision applications, preliminary and final site plan applications consisting of more than 10 acres and those minor subdivision sites lying within sensitive environmental areas shall be accompanied by an environmental impact assessment except as set forth herein. The information required shall be presented in a concise report unless environmentally sensitive areas are involved. When environmentally sensitive areas are involved, the report shall be supplemented with additional graphic and explanatory material as required during Subsection I(2)(b). Environmentally sensitive areas in Liberty Township include but are not limited to:

[1] Stream corridors and floodplains.

[2] Streams and water bodies.

[3] Wetlands.

[4] Slopes greater than 15%.

[5] Erodible soils.

[6] Mature forests of sugar maple or hemlock.

[7] Aquifer recharge areas.

[8] Aquifer discharge areas.

[9] Unique natural features and habitats.

[10] Residence of protected flora and fauna species.

(b) Any use variance application not involving a site plan or subdivision application may be required, at the discretion of the Zoning Board of Adjustment,[8] to be accompanied by an environmental impact statement. The information to be required shall be determined by the Zoning Board in consultation with the Planner.

[8] Editor's Note: The Zoning Board of Adjustment was dissolved 3-2-2006 by Ord. No. 06-01. See § 72-7J.

(4) Format. When an environmental impact statement is required, the following format shall be utilized, and the information requested shall be provided:

(a) Project description: Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public, if any, which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

[1] The Township Master Plan, especially the land use and open space elements.

[2] Master Plans of adjacent municipalities.

[3] The Warren County Master Plan.

[4] Regional and state planning guides.

[5] Other pertinent planning documents.

(b) Site description inventory: Provide a description of environmental conditions on the site, which shall include but not be limited to the following items:

[1] Types of soil: a list and description of each soil type located on the site. Percolation data and soil analysis as required by the Warren County Health Department shall be provided. Where the proposed area of land disturbance will involve soils with moderate or severe limitations as per the Warren County Soil Conservation District, a complete mapping of all soil types on the site shall be required, indicating where those moderate and severe limitations exist.

[2] Topography: a description of the topographic conditions within the site and extending 200 feet beyond the property lines. When 15% or more of the proposed area of land disturbance encompasses slopes in excess of 15%, the following slope ranges shall be mapped for the entire site:

[a] Zero percent to 15%;

[b] Sixteen percent to 25%; and

[c] Twenty-five percent and up.

[3] Geology: a description of the geologic formations and features associated with the site as well as depth to bedrock conditions; delineation of those areas where bedrock is in close proximity to the surface, i.e., within four feet of the surface, as well as major bedrock outcroppings.

[4] Vegetation: a description of the existing vegetation on the site. When required, sketch the location of major vegetation groupings such as woodland, open field and wetland. Where woodlands are delineated, the forest type shall be indicated. It should include unique features and protected species, i.e., dogwood, black walnut trees, etc.

[5] Surface water: a description of existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Existing surface runoff from the site shall be calculated using the methods contained in Soil Conservation Survey Manual No. 55. When the natural drainage pattern will be significantly altered or sewage effluent added to a watercourse or body, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of receiving waters. When required, floodplain areas shall be mapped in consultation with the Department of Environmental Protection. Existing drainage structures shall be mapped, and the capacity of the drainage network shall be determined.

[6] Subsurface water: a description of subsurface water conditions on the site, both in terms of depth to groundwater and water supply capabilities of the site. Detailed information regarding existing wells within 500 feet of the site relative to depth, capacity and water quality shall be provided. The water supply capabilities of the adjacent areas and the recharge capabilities of the site shall be discussed.

[7] Unique, scenic and/or historic features: a description and map of those portions of the site that have unique, scenic and/or historic qualities.

[8] Existing development features, a description of any existing features on the site that are not considered to be part of the natural environment. This may include but not necessarily be limited to roads, housing units, accessory structures and utility lines.

[9] Miscellaneous: An analysis shall be conducted of existing air quality and noise levels.

[10] Energy conservation features: siting for solar access and maximum energy efficiency with respect to land features.

(c) Area and regional description: A description of the surrounding area shall be provided, including existing land use patterns. The existing infrastructure, with respect to the drainage and transportation network, as well as any central sewerage and water supply facilities, shall be described in detail. An appropriate regional analysis relative to the proposed project shall be included.

(d) Impact: Discuss the negative and the positive on-site and off-site impacts as they affect the items listed in Subsection I(4)(b)[3] and [4] above. Indicate those resources affected by the proposal which will be irretrievably lost and those resources which are renewable. The specific concerns that shall be considered include but are not limited to the following:

[1] Soil erosion and sedimentation resulting from surface runoff.

[2] Flooding and floodplain disruption.

[3] Degradation of surface water quality.

[4] Groundwater pollution.

[5] Reduction of groundwater capabilities.

[6] Sewage disposal.

[7] Solid waste disposal.

[8] Vegetation destruction.

[9] Disruption of wildlife habitats.

[10] Destruction of scenic and historic features.

[11] Air quality degradation.

[12] Noise levels.

[13] Energy utilization.

[14] Neighborhood deterioration.

[15] Effect on public services, such as schools, fire and police.

[16] Traffic congestion.

[17] Health, safety and welfare of existing residents.

[18] Regional development policies.

(e) Recommendations to mitigate adverse environmental impact: Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on-site and off-site that could result from the proposed project. Of specific interest are:

[1] Drainage plans, which shall include but not be limited to soil erosion and sedimentation controls. Every effort shall be made to limit off-site peak runoff to predevelopment levels.

[2] Water supply and water conservation proposals.

[3] Sewage disposal techniques.

[4] Site design techniques sensitive to the natural environment, which should include innovative landscape, building and circulation design/solar access siting.

[5] Energy conservation measures.

[6] Noise reduction technique.

[7] Construction schedule.

[8] Miscellaneous on-site and off-site public improvements.

(f) Alternatives: Discuss what alternatives were considered both in terms of building design, site design and project location. Indicate why an alternative was rejected if it would have resulted in a lesser negative impact than the subject proposal.

(g) Licenses, permits and other approvals required by law: The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include but will not be limited to approval required by the Township as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of such approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

(h) Documentation: All publications, reports, manuscripts or other written sources of information related to the project, the project site and the Township which were consulted and employed in compilation of the environmental impact statement shall be listed. A list of agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified. A revised environmental impact statement may be required if significant changes to the site plan, as determined by the Planning Board prior to final approval, were done since original submission.

J. Fire protection standards.

[Added 6-1-1992 by Ord. No. 14-92]

(1) All subdivisions of four lots or more and all site plans shall provide a central fire protection system meeting the following minimum requirements:

[Amended 7-10-1995 by Ord. No. 14-95; 6-10-1996 by Ord. No. 96-11]

(a) All central fire protection systems shall conform to all applicable standards of the National Fire Code, American Water Works Association (AWWA), N.J.A.C. 7:10-1 through 7:10-11.13 (commonly known as the "Safe Drinking Water Act Regulations") and any revisions or amendments thereto.

(b) Total fire-fighting water supply shall be no less than 2,000 gallons per dwelling unit. The maximum volume of fire-fighting water supply required for residential-type units shall be 50,000 gallons.

(c) Water storage facilities for fire-fighting water shall be designed to automatically maintain the required capacity for fire protection purposes.

(d) The maximum distance from each dwelling unit to the nearest fire hydrant shall not exceed five 500 feet.

(e) Each fire hydrant shall be capable of supplying a minimum flow of at least 750 gallons per minute at no less than 70 pounds per square inch residual system pressure.

(2) All nonresidential occupancies shall conform to the National Fire Code for minimum water supply requirements for fire protection purposes.

(3) All developments must be designed to allow for the access of emergency vehicles, including fire apparatus, ambulances and police cars. Fire lanes shall be provided for commercial- and industrial-type developments to provide access to fire protection facilities.

(4) Prior to obtaining final approval of any major subdivision or site plan requiring a central fire protection system, the applicant/developer shall conduct any and all tests necessary to ensure that the system meets the fire-fighting requirements of the Fire Chief. Certification by a hydraulic engineer or other proof acceptable to the Fire Chief that the stream, well, hydrant, pond or other source of water is capable of meeting the minimum criteria contained in this code shall be provided. No certificate of occupancy shall be issued for any premises until compliance with this section is certified.

[Amended 7-10-1995 by Ord. No. 14-95; 6-10-1996 by Ord. No. 96-11]

(5) Any subdivision of land that expands a previously approved subdivision that did not require a central fire protection system at the time of its creation due to the number of lots involved, to the point where a central fire protection system is required based on the total number of proposed lots and previously approved lots, shall, unless otherwise provided, install a central fire protection system capable of protecting both the proposed subdivision and the previously approved subdivision in accordance with the requirements for fire protection system standards as outlined herein.

(6) Existing nonresidential occupancies shall be required to conform to the requirements of the National Fire Code whenever an application for site plan approval is submitted, to provide at least the minimum water supply requirements for fire protection purposes for the entire site.

(7) Where, in the opinion of the Planning Board and after recommendation by the Township Fire Department, on-site storage facilities are necessary for subdivisions of fewer than four lots or where in any subdivision or site plan a central fire suppression system is not practical, the following alternatives may be considered:

[Amended 7-10-1995 by Ord. No. 14-95; 6-10-1996 by Ord. No. 96-11]

(a) Underground water storage consisting of three or more ten-thousand-gallon water storage tanks. These should be located such that no dwelling is more than 1,000 feet from any ten-thousand-gallon storage site and no more than 1,000 feet from any storage site. The tank shall include a lockable access manhole, an inspection port to inspect the water level, venting for a discharge of 1,500 gallons per minute, suction piping (six-inch minimum) connected from the bottom of the tank to a six-inch suction hydrant with six-inch N.H. threads with tamperproof caps, located at an elevation no higher than 12 feet above the bottom of the tank, with adequate impact protection for the hydrant and an access road to the hydrant suitable for all-weather use. The access pipe shall be accessible not less than eight feet from the curbline or edge of road, whichever is most distant. Height to the suction cap shall be 24 inches. This pipe shall slope back into the tank in order that the pipe itself drains once use has been discontinued. All such installations shall conform to the requirements of the Township Engineer and Chief of the Mountain Lake Fire Department.

(b) Fire ponds and/or retention basins. For fire ponds and/or retention basins, an adequate volume of water shall be defined as a minimum of 20,000 gallons, provided that:

[1] The fire pond or the lower section of retention basins used for fire storage are at least five feet deep;

[2] The twenty-thousand-gallon volume excludes the bottom on-foot depth and the top two feet of depth;

[3] The pond has an impervious bottom; and

[4] The pond has an adequate flow of water during drought conditions. The pond/basin shall be equipped with a standard suction point with strainer to a suction hydrant and a suitable access road to the hydrant.

(c) Lakes or streams or equivalent alternate acceptable to the Planning Board. Lakes and streams may be used subject to the subdivider's demonstrating that the lake or stream meets the criteria set forth above for fire ponds. All installations of underground tank and suction hydrants shall be in accordance with the National Fire Code.

(d) It shall be the duty and responsibility of the developer to initially fill any water supply system having tanks, troughs or other holding areas not naturally filled by the natural movement of water.

(e) Said systems shall be placed on property which shall be dedicated to the Township or upon which an irrevocable easement and right-of-way shall be granted to the Township for purposes of securing access to the source of water for purposes of fire fighting, refilling or pumping from the sources provided without undue delay or the need for unreasonably long lengths of hose.

(f) In the event of a fire or other need to utilize the water in the aforesaid water receptacles, it shall be the responsibility of the party, persons or companies for whom said water is used to replenish the water in that system unless the system is one which naturally replenishes itself by the natural flow of water.

(g) In the event that water is used and no replenishment is immediately made for whatever reason, the responsibility to replenish the water in the system shall be that of the Fire Department of the Township of Liberty. The Fire Department may prepare and serve a bill to the beneficiary of said water for the replenishing of the system insofar as it is deemed to be in the public interest of the Township from a fire safety perspective to immediately replenish any tanks or receptacles in the event of any subsequent fires.

(h) Any system installed for fire protection purposes shall be placed on property which shall be dedicated to the Township or upon an irrevocable easement and right-of-way which shall be granted to the Township for purposes of securing access to the source of water for the purposes of fire fighting, refilling and general maintenance. All maintenance shall be the responsibility of the Township or its duly appointed agents.

(i) The developer shall provide a means whereby water is readily available to fill any tanks used in conjunction with a system, either by installation of a well or such other provision which may be acceptable to the Planning Board. Such tanks shall be refilled not more than 24 hours following their use for Fire Department purposes.

(j) If the source of water supplied to the tank is property not owned, dedicated or granted to the municipality, the developer shall provide irrevocable easements to and from said source of water which shall provide sufficient access so as to permit all necessary and usual fire-pumping and fire-fighting equipment to receive water from the sources provided without undue delay or the need for unusual lengths of hose. Additionally, provisions shall be made for maintenance of the easements so as to assure adequate access in all weather conditions, which shall be the responsibility of the developer, unless otherwise agreed to by the municipality.

(k) In the event of a fire or other need to utilize the water in the before-noted water storage facilities, it shall be the responsibility of the party, persons or companies for whom said water is used to replenish the water in that system unless the system is one which, within a twenty-four-hour period, naturally replenishes itself.

(l) In the event that the water is used and no replenishment is immediately made for whatever reason, the responsibility to replenish the water in the system shall be that of the Fire Department of the Township of Liberty. The Fire Department may prepare and serve a bill to the beneficiary of said water for the replenishing of the system insofar as it is deemed to be in the public interest of the Township from a fire safety perspective to immediately replenish any tanks or receptacles.

§ 90-15 Nonresidential site plan standards; landscaping.

The same standards and principles which are applicable to subdivisions and which are set forth in §§ 90-12 through 90-14 above shall be applicable to nonresidential site plan review. Additionally, in reviewing any site plan, the Planning Board shall consider:

A. Pedestrian and vehicular traffic movement in and adjacent to the site, with particular emphasis on the provision and layout of the parking area, bikeways and all street loading and unloading with movement of people, goods and vehicles from access roads within the site built between buildings and between buildings and vehicles.

B. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and an efficient arrangement. Particular attention shall be given to safety and fire protection impact on surrounding development and contiguous and adjacent buildings and lands.

C. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. The direction of lights shall be arranged so as to minimize glare and reflection on adjacent properties. Not less than 1/2 footcandle nor more than four footcandles of illumination shall be provided in parking areas.

[Amended 6-3-1991 by Ord. No. 8-91]

D. Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movements of people and vehicles and to shield activities from adjacent properties. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives in the judgment of the Township Shade Tree Commission or Planning Board, as appropriate. Said buffer shall be not less than 10 feet in width.

[Amended 8-7-1989 by Ord. No. 6-89; 6-3-1991 by Ord. No. 8-91]

E. Landscaping and shade trees. The applicant shall provide shade trees and other plantings in accordance with the following standards:

[Amended 6-3-1991 by Ord. No. 8-91]

(1) Purpose.

(a) Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

(b) Landscaping may include plant materials, such as trees, shrubs, ground cover, perennials and annuals, and other materials, such as rocks, water, sculpture, art, walls, fences and building and paving materials.

(2) Landscape plan. A landscape plan shall be submitted with each site plan and major subdivision application, unless an exception is granted. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features, such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.

(3) Site protection and general planting requirements.

(a) Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.

(b) Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on-site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.

(c) Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

(d) Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.

(e) Additional landscaping. In residential developments, besides the screening and street trees required, additional planting or landscaping elements shall be required throughout the subdivision where necessary for climate control, privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.

(f) Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.

(g) Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.

(4) Street trees.

(a) Location.

[1] Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both.

[2] When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:

	Tree Size (feet at maturity)	Planting Interval (feet)
	Large trees (40+)	50 to 70
	Medium-sized trees (30 to 40)	40 to 50
	Small trees up to (30)	30 to 40

[3] When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, site easements or street-lights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the landscape plan.

(b) Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees shall be the same kind on a street except to achieve special effects. Selection of tree type shall be approved by the Planning Board.

(c) Planting specifications. All trees shall have a caliper of at least two inches, and they shall be nursery-grown and of substantially uniform size and shape and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.

(5) Buffering.

(a) Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations to achieve the stated objectives.

(b) When required.

[1] Buffering shall be required when topographic or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts, such as incompatible land uses, noise, glaring light and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy and to screen dwelling units.

[2] When required, buffers shall be measured from side and rear property lines, excluding access driveways.

[a] Where more intensive land uses abut less intensive uses, a buffer strip 25 feet in width, but not to exceed 10% of the lot area in width, shall be required.

[b] Parking areas, garbage collection and utility areas and loading and unloading areas should be screened around their perimeters by a buffer strip a minimum of five feet wide.

[c] Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower-order streets and a landscaped buffer area should be provided along the property line abutting the road. The buffer strip shall be a minimum of 25 feet to 35 feet wide or wider where necessary for the health and safety of the residents, but not to exceed 10% of the lot area, and shall include both trees and shrubs.

(c) Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be two to one.

(d) Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

(e) Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

(6) Parking lot landscaping.

(a) Amount required. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for street trees.

(b) Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between parking stalls. All landscaping in parking areas and on the street frontage shall be placed so that it will not obstruct sight distance.

(c) Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted. The area between trees shall be planted with shrubs or ground cover or covered with mulch.

(7) Paving materials and walls and fences.

(a) Paving materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, climate, characteristics of users, appearance, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality and aesthetic appeal. Acceptable materials shall include but are not limited to concrete, brick, cement pavers, asphalt and stone.

(b) Walls and fences shall be erected where required for privacy, screening, separation or security or to serve other necessary functions.

[1] Design and materials shall be functional, they shall complement the character of the size and type of building, and they shall be suited to the nature of the project.

[2] No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

(8) Street furniture.

(a) Street furniture, such as but not limited to trash receptacles, benches, phone booths, etc., shall be located and sized in accordance with their functional need.

(b) Street furniture elements shall be compatible in form, material and finish. Style shall be coordinated with that of the existing or proposed site architecture.

(c) Selection of street furniture shall consider durability, maintenance and long-term cost.

F. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

G. Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and maintain an adequate supply of water at sufficient pressure.

H. Garbage disposal shall be reviewed to ensure frequent collection, vermin and rodent protection and aesthetic consideration. All systems shall meet Township specifications as to installation and construction. All garbage disposal facilities shall be screened.

[Amended 8-7-1989 by Ord. No. 6-89]

§ 90-16 Development patterns and improvement standards.

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

A. The development plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map or Master Plan has or have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of development plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare.

B. Prior to the issuance of a certificate of occupancy, the developer shall do all grading and construct all streets, driveways, curbs, drainage, water, sewer and all underground facilities and utilities. Where weather conditions mitigate against completion of all improvements, such as the top two inches of roadway surface, sidewalks, shade trees and grass strips, monuments or other such improvements, said improvements, as permitted by the Planning Board, may be covered by the posting of a performance guaranty in favor of the municipality in an amount not to exceed 120% of the cost of installation for such improvements, 10% of which shall be in the form of cash or certified check, and which shall be deposited in a trust account of the Township with the Township Committee. The aforementioned performance guaranty shall be in the form of cash, certified check or irrevocable letter of credit.

[Amended 8-7-1989 by Ord. No. 6-89; 10-6-1997 by Ord. No. 97-14]

C. The following provisions and standards shall govern the installation of improvements. All of the construction improvements cited in Subsection C(1) through (6) below shall be constructed in accordance with current New Jersey Highway Department Standard Specifications for Road and Bridge Construction, 1961, and amendments and supplements thereto, copies of which are on file in the office of the Township Engineer.

(1) Streets. The developer shall, at his own expense, grade all streets in conformity with the terrain and good engineering practices, shall have all underground utilities installed prior to any street paving construction, shall construct adequate underground pipe drainage systems to carry off surface waters, shall construct streets in accordance with specifications shown below and shall submit plans, profiles, cross-sections and designs for the work to the Township Engineer for approval prior to the start of any construction.

(a) All streets shall have a minimum width as set forth in § 90-14B(2).

(b) The crown of the roadway pavement shall be not less than four inches nor more than six inches, with a six-inch curb face or as otherwise required by the Township Engineer.

(c) Streets of width greater than 50 feet shall be divided and paved as directed by the Planning Board.

(d) Where a major development provides for lots along an existing street or road, the Planning Board shall require the developer to widen and improve the existing street along such major development lots.

(e) The street roadway area shall be constructed for its full width. The minimum pavement specification shall consist of a two-inch compacted thickness of hot mixed bituminous concrete, Type FABC-01 or SM-1, surface course pavement constructed on a four-inch compacted thickness of hot mixed bituminous stabilized base course, which shall be constructed on not less than a three-inch compacted thickness of Type 5, Class A, soil aggregated stone subbase. Prior to placing the stabilized base course or surface course material, the necessary prime and tack coats of asphaltic oil shall be applied. The pavement surface course shall not be constructed until all irregularities and settlement of pavement have been corrected and approval is received from the Township Engineer. Additional pavement thickness or elimination of subbase material may be allowed where design or construction conditions so warrant. This shall not require clearing beyond that necessary for road construction.

[Amended 6-3-1991 by Ord. No. 8-91]

(f) Grass strips shall be provided for all unpaved portions of the street right-of-way and shall be properly graded with at least four inches of topsoil and seeded with approved New-Jersey-type lawn seed.

(2) Curbs. Curbs shall be constructed on both sides of all new streets and, where directed by the Planning Board, along the existing road frontage of all major developments. Curbs shall be constructed of Class B concrete of 4,500 pounds per square inch and shall be vertical faced curbing not less than six inches by eight inches by 18 inches. Curbs on local roads shall not be less than six inches by eight inches by 18 inches. Concrete sloping curb or integral curb and gutter may be permitted upon application and approval of specific designs. Curbs at driveways and entrances shall be depressed so that the top is one to two inches above the adjacent finished roadway pavement surface and shall provide a minimum of 12 feet clear throat opening for residential lots. Entrances and driveway openings for other than residential uses shall be specifically designed and constructed to accommodate the proposed use, traffic volume and other safety considerations. When curbing shall be constructed without regard to providing depressed curbing for driveways and entrances, the full blocks of curbing within the opening shall later be removed, and new depressed curbing shall be constructed. Breaking and capping of existing curbing will not be permitted.

(3) Surface and storm water drainage facilities. Underground pipe drainage, inlets, catch basins, manholes, culverts, swales and other drainage structures shall be required and shall be constructed and installed in accordance with plans approved by the Planning Board. Drainage facilities shall be installed with sufficient capacity to accommodate the anticipated runoff of a sixty-year storm at such time as the drainage basin in which the development is located is fully developed pursuant to present zoning regulations. This standard may be increased where, in the opinion of the Township Engineer, circumstances warrant such increase. Where a development is traversed by an existing open ditch or watercourse, the Planning Board may require the open ditch or watercourse to be eliminated by piping or protected by rip-rapping. The location, length, depth, size, grade and type of pipe shall be designated in the plans along with the standard details of construction. Drainage design shall be such as to ensure that the rate of runoff from the site does not exceed the rate of runoff from the site in an undeveloped condition.

[Amended 8-7-1989 by Ord. No. 6-89]

(4) Street signs. Regulatory, cautionary and street name signs shall be installed at all intersections and at other locations as directed by the Township Engineer. Regulatory and cautionary traffic signs shall be metal reflectorized, meeting the requirements of the New Jersey Department of Transportation standards. Street name signs shall show the intersecting street names in four directions and shall conform to those in use in the Township. All signs shall be installed on two-inch-diameter galvanized iron pipe posts embedded at least two feet six inches in a one-foot-square concrete footing of Class D three-thousand-five-hundred-pounds-per-square-inch concrete.

(5) Shade trees. Shade trees and other landscaping requirements shall be as found in § 90-15E.

[Amended 6-3-1991 by Ord. No. 8-91]

(6) Water supply and distribution facilities. Water supply facilities designed and installed for all major developments shall meet the requirements of the local Board of Health.

(a) All facilities for individual water supply systems shall comply with the Standards for Construction of Water Supply Systems for Realty Improvements, P.L. 1954, c. 199.[1]

[1] Editor's Note: See N.J.S.A. 58:11-23 et seq.

(b) Facilities for public and semipublic water supply systems shall comply with the New Jersey State Department of Environmental Protection Rules and Regulations for Approval of Public Water Supply Systems and Water Treatment Plants.

(c) All water main pipe shall be not less than Class 150 cast-iron pipe of the sizes determined by the Township Engineer, but in no case less than six inches in diameter, and meeting the current specifications of the American Water Works Association.

(d) The depth of the pipe from the finished surface of roadway or grade shall be not less than four feet from the top of the pipe.

(e) House service connections shall be copper service pipe a minimum of one inch in size with main corporation cock, curb stop and box and shall be installed from the main to the curb stop one foot behind the curbline at all lots prior to placing any foundation or surface on the roadway.

(f) Fire hydrants. Fire hydrants and control valves shall be installed not more than 1,000 feet apart at locations to be determined by the Township Engineer, the Planning Board and the Bureau of Fire Prevention, but, in any event, at every dead end of the main. Fire hydrants shall be painted in colors specified by the Water Department.

(g) No installation shall be covered until inspected and approved by the Township Engineer.

(h) All mains shall be sterilized under the supervision of a recognized testing laboratory before approval.

(7) Sanitary sewerage facilities. Sanitary sewerage facilities designed and installed for all major developments shall meet the requirements of the local Board of Health.

(a) All facilities for individual sewage disposal systems shall comply with the Standards for Construction of Sewerage Facilities for Realty Improvements, P.L. 1954, c. 199.[2]

[2] Editor's Note: See N.J.S.A. 58:11-28 et seq.

(b) Facilities for public and semipublic sanitary sewerage facilities shall comply with the New Jersey State Department of Environmental Protection Rules and Regulations for Approval of Sewer Systems, Sewerage and Industrial Waste Treatment Plants.

(8) Other utility services. All other gas, electric and telephone utilities which are intended to provide service to the lots within the development shall be installed underground and at such locations as will minimize the risk of interruption of service. For all major developments, the applicant shall arrange with the serving utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and the developer shall submit as part of his plan an underground utility plan showing all installations with appurtenant connections and structures. However, in developments where lots abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved, such lots may be supplied with electric and telephone service from such overhead lines or extensions thereof, but the service connections from the utilities' overhead lines shall be installed underground.

(9) Streetlighting. Streetlighting facilities may be required along all new streets and along existing streets upon which the major development abuts in order to protect the safety of persons. Streetlighting shall be made in accordance with the rules and regulations of the serving public utility and shall be installed as directed by the Planning Board.

(10) Monuments. Monuments shall be of the size and shape required by Chapter 141 of the Laws of the State of New Jersey 1960[3] and shall be placed in accordance with said statute as the same may, from time to time, be amended.

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

(11) Bordering streets. When existing streets abutting the development are deemed by the Planning Board to be incapable of properly carrying the increased traffic created by the development or its anticipated future expansion, the developer may be required, at his expense, to improve and enlarge such street.

(12) Improvements deeded to Township. Improvements to lands, if any, are to be deeded to the Township for public purposes at a time determined by the Planning Board.

(13) All improvements shall be installed under the supervision and inspection of the Township Engineer. At least 24 hours prior to the start of the construction or installation of improvements, the developer shall advise the Township Engineer, in writing, with a copy sent to the Secretary of the Planning Board, of the developer's intentions regarding the start of construction or installation of the improvements so that inspections may be conducted. It shall be understood, however, that neither the Municipal Engineer nor any inspector nor municipal employee shall act as the contractor's or developer's supervisor. The contractor and developer must provide competent, experienced and responsible representatives on the work, who shall have authority to carry out instructions as they may be required.

(14) Off-tract improvements. As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments in the manner provided below with respect to the installation of any required off-tract improvements.

[Added 12-28-1984]

(a) Allocation of costs; criteria in determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Township, or any one or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-site improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following criteria may also be considered as well as any other reasonable criteria:

[1] Street, curb, sidewalk, shade tree, streetlight, street sign and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.

[2] Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

[a] The percentage relationship between the acreage of the application and the acreage of the total drainage basin.

[b] The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

[c] The use, condition or status of the remaining area in the drainage basin.

[3] Water supply and distribution facilities may also be based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

[4] Sanitary sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

(b) Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with the advice of the Township Engineer and appropriate Township agencies.

(c) Amount of contribution. When the cost of construction has been determined, the applicant may be required to provide a cash deposit to the Township of one of the following amounts:

[1] If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.

[2] If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection C(1), the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

(d) Payment of allocated cost.

[1] The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.

[2] In the event that the payment by the applicant to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof, which sum shall constitute a lien on the tract affected by the subdivision or site plan.

[3] In the event that the payment by the applicant to the Township Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

[4] If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision approval.

[5] If the applicant and the Planning Board cannot agree with respect to the applicant's appropriate share of the actual cost of the offtract improvement, or the determination made by the officer or board charged with the duty of making assessments as to special benefits if the off-tract improvements are to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.