Township of Fredon, NJ Improvements

Construction or improvement of any roadway shall be made to conform to the required grade and typical cross-section shown in the plan annexed hereto and made a part hereof.

Easements of a width sufficient to allow proper maintenance shall be provided for the outletting of all drains, pipelines, etc., to streams, existing storm drains or other legal drainage courses. These easements shall be granted to the Township by approved legal procedures.

The subgrade shall be completely drained using the type of drainage the conditions require. Cross drains of the necessary size and length shall be installed where drainage conditions require them. Material used for cross drains must meet the standards set forth in the Residential Site Improvement Standards (RSIS) and New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction and amendments thereto.

All topsoil shall be stripped from the proposed roadbed. After the subgrade has been shaped, it shall be brought to a firm, unyielding surface by rolling with power rollers weighing not less than 10 tons. All soft, spongy material shall be removed from the area and replaced by broken stone, gravel or acceptable earth. All stumps, logs or other material which may decompose shall be removed.

(5)

Embankments shall be formed of suitable material placed in successive layers of not more than 12 inches in depth for the full width of the cross-section and shall be compacted by distributing the necessary hauling uniformly over the preceding layer and by rolling as directed above. No trees, stumps, rubbish or other material which may decompose will be permitted in the fill.

(6)

The gravel used in the construction of the pavement shall be from glacial deposits and shall be hard, durable pebbles, mixed with sand and clay so that the material can be compacted into a hard, dense mass, and shall be of a quality approved by the Township Engineer. A substitute for gravel, dense graded aggregate may be used as indicated on typical section.

(7)

The paved surface width as shown on the typical section shall be constructed to the proper grade and crown or as directed by the Township Engineer and applied in accordance with New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction and amendments thereto. The subsurfaces shall be rolled and brought to a smooth, parabolic surface, then constructed in accordance with the Residential Site Improvement Standards (RSIS) for residential development or Table A, Minimum Road Design Standards for Road Acceptance,[1] for nonresidential development.

[1]

Editor's Note: Table A is included at the end of this chapter.

(8)

All driveways from house to the street shall be constructed in such a manner as not to interfere with the flow of water in the road or drainage ditches along the public road, in accordance with Chapter 219, Driveways.

(9)

Where grades of proposed new streets or roads meet or exceed 6%, the Township Engineer or Township Committee may require the construction of curbing along the improvement. The developer shall submit sketches of type and quality of curbing (s)he is desirous of using, should such situation arise.

(10)

In the event of a conflict between this subsection and the Residential Site Improvement Standards (RSIS), the RSIS shall govern.

Street signs.

Streetlighting.

Curbs or gutters.

Interior monuments to be of the size and shape required by the Map Filing Law (N.J.S.A. 46:23-9.9) and shall be placed in accordance with that statute.

Sidewalks.

Depressed curbs and ramps.

Striping, including stop bars and crosswalks.

Shade trees.

No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

Dry cap sewer lines.

Central water supply system when proposed or required.

Culverts, inlets, storm sewers and detention/water quality basins and structures shall be installed as required in conformance with standards set forth in the Residential Site Improvement Standards (RSIS) and/or the requirements of Chapter 457, Stormwater Control, as applicable.

Gate valves, curb boxes, and service lines.

Underground electric, cable and telephone.

§ 470-30 Inspection and approval.

All improvements listed in § 470-29 of this chapter shall be subject to inspection and approval by the Township Engineer, who shall be notified by the subdivider at least 72 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.

§ 470-31 Performance guarantee.

No final plat shall be approved by the Land Use Board until all required fees have been paid and the completion of all the required improvements has been certified to the Land Use Board by the Township Engineer, or until the subdivider shall have filed with the Township Clerk a performance guarantee in favor of the Township and in a sum equal to 120% of the cost of all such improvements or uncompleted portions thereof as estimated by the Township Engineer and assuring the installation of such uncompleted improvements. Such performance guarantee may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the governing body, or of a certified check, returnable to the subdivider after full compliance, or by any other type of surety approved by the Township Attorney as to form, sufficiency and execution. The amount of the performance guarantee may be reduced by the governing body by resolution when portions of the required improvements have been installed.

§ 470-32 Completion of improvements; maintenance guarantee.

Completion of improvements.

Upon substantial completion of all the necessary and appropriate improvements, the obligor shall notify the governing body, in writing, by certified mail, of the completion or substantial completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Township Engineer shall inspect all of the aforesaid improvements and shall, thereupon, file a report, in writing, with the governing body, which report shall be detailed and shall indicate either approval, partial approval or rejection. If said improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. The cost of the improvements approved or rejected shall be set forth.

The governing body shall accept (including acceptance of public streets) or reject the improvements, grant partial approval or withhold approval on the basis of such report and shall notify the obligor, in writing, by certified or registered mail, of the contents of said report and the action of the governing body with relation thereto not later than 45 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee bond, except for that portion adequately sufficient to secure the improvements not yet approved. Where all improvements are substantially completed, up to 30% of the amount of the performance guarantee posted may be retained to insure full completion.

If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the Court in summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approved complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee.

If any portion of said improvements shall not be approved or shall be rejected by the governing body, the obligor shall cause the same to be completed and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

(5)

Nothing herein, however, shall be construed in limitation of the obligor's right to contest or question by legal proceedings or otherwise any determination of the governing body or the Township Engineer.

(6)

The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspection.

If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereof to the Township for the reasonable cost of the improvements not installed.

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

Any resolution approving a subdivision and the subdivider's agreement required in § 470-29 of this chapter shall also require a maintenance guarantee to be filed by the subdivider with the Township Clerk. Such maintenance guarantee shall be for a period of two years after final acceptance of the improvement and shall be in an amount equal to 15% of the total actual cost of the improvement. The maintenance guarantee may be in the form of a maintenance bond, which shall be issued by a bonding or surety company approved by the governing body or by any other type of surety approved by the Township Attorney, or may be in the form of a certified check, returnable to the subdivider after the termination of the maintenance period of two years.

§ 470-33 Certificate of occupancy.

No certificate of occupancy shall be issued on any construction commenced as a result of receiving final approval until the Township Engineer shall certify to the Land Use Board that all required improvements have been completed, and the performance guarantee, hereinbefore requested, shall have been posted with the Township Committee. Upon submission to the Land Use Board that the performance guarantee has been posted with the Township Committee, and upon receipt of the certification by the Township Engineer that all required improvements have been completed, the Land Use Board shall so certify to the Building Inspector that a certificate of occupancy may be issued upon completion of the structure in accordance with the requirements of the Township building code.

§ 470-34 Required off-tract improvements.

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

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

Contribution by developer toward required off-tract improvements.

In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Land Use Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Land Use Board in writing. The resolution or determination of the Land Use Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to insure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required, the Land Use Board shall be guided by the rules and regulations specified in the Chapter 550, Zoning, this chapter and the Township Master Plan. The Land Use Board may also be guided by counsel from the Land Use Board Attorney, Engineer, any consultant and other qualified experts and Township officials, relative to the subject matter.

In the event that the Land Use Board determines that one or more improvements constitute an off-tract improvement, the Land Use Board shall notify the Township Committee of the determination, specifying the Board's recommendation relative to the estimated cost of the improvement, the applicant's prorated share of the cost, and possible methods or means to implement same, including but not limited to performance and maintenance guarantees, cash contributions, development agreements and other forms of surety.

The Land Use Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed by both the applicant and the Township Committee, and a written resolution to that effect by the Township Committee has been transmitted to the Land Use Board.

Methods of implementation.

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

A development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the Land Use Board, such agreement shall be approved as to form, sufficiency and execution by the Land Use Board Attorney and the Township Attorney. The agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Township.

Cash contributions for off-tract improvements shall not be required under the following conditions:

(a)

Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guarantee or other surety of the applicant in lieu of such conditions imposed by the Township;

(b)

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

(c)

Where the applicant, where legally permissible, can undertake the improvements in lieu of the Township, subject to standards and other conditions as may be imposed by the Township.

Where a cash contribution is required by this chapter, such contribution shall be deposited with the Treasurer of the Township with a copy of the applicant's transmittal letter forwarded to the Township Committee, the Township Engineer and the Land Use Board. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds may be retained by the Township and may be used for general Township purposes, but, in such event, neither the applicant nor any of his heirs, executors, administrators, or grantees shall be liable to the Township for any assessments for the purpose of installing any of the improvements for which such cash contribution was made.

Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements: the applicant's proportionate share shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak hour traffic capacity of the present facility, and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

Water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

Sanitary sewage distribution facilities including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow period for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute to the sum of the present peak flow deficiencies in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.