Prior to the granting of final approval the subdivider shall have installed the following improvements, except for those set forth in §
470-24 of this chapter:
A. Streets; except the wearing course.
(1) 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.
(2) 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.
(3) 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.
(4) 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, for nonresidential development.
(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.
E. 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.
G. Depressed curbs and ramps.
H. Striping, including stop bars and crosswalks.
J. 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.
L. Central water supply system when proposed or required.
M. 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.
N. Gate valves, curb boxes, and service lines.
O. Underground electric, cable and telephone.
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.
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.
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.
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:
A. 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.
B. Contribution by developer toward required off-tract improvements.
(1) 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.
(2) 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.
(3) 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.
C. Methods of implementation.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
D. Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate share of such improvement
to the applicant:
(1) 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.
(2) 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.
(3) 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.
(4) Stormwater and drainage improvements, including installation, relocation
or replacement of transmission lines, culverts, catch basins and the
installation, relocation or replacement of other appurtenances associated
therewith: the applicant's proportionate cost shall be in the
ratio of the estimated peak surface runoff as proposed to be delivered
into the existing system measured in cubic feet per second to the
sum of the existing peak flow in cubic feet per second deficient for
the existing system and the estimated peak flow as proposed to be
delivered. The ratio thus calculated shall be increased by 10% for
contingencies. The applicant's engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of surface water from the
applicant's development, the applicant shall furnish all drainage
rights-of-way deemed to be necessary by the Land Use Board.
(5) In calculating the proportionate or pro rata amount of the cost of
any required off-tract facilities which shall be borne by the applicant,
the Land Use Board shall also determine the pro rata amount of cost
to be borne by other owners of lands which will be benefited by the
proposed improvements.