It is recognized by the governing body that the adequate provision of on-site improvements and, to the extent required to properly service the project, off-site improvements, are a prime concern when evaluating an application for development under this title. The sections that follow are designed to give direction to an applicant with regard to improvements that are required. The precise nature of any improvement is left for discussion under Article
21, Design and Performance Standards Generally. The procedural requirements are discussed in this article.
Prior to the granting of preliminary approval to any application
for development, the reviewing agency shall determine the off-site
effects which approval of the applicant's plan shall have upon the
road systems, stormwater drainage systems, sanitary sewer systems,
and the potable water systems maintained by or for the Township. Where
the reviewing board determines that the above-described off-site systems
will be inadequate to properly service applicant's subdivision and
thus create a danger or a burden to and upon the health, safety and
welfare of the inhabitants of the development, inhabitants of the
surrounding area adjacent to applicant's development, and/or in general,
the inhabitants of the Township, unless the above-described systems
are improved, updated, expanded or provided, the reviewing agencies
shall, unless proper provisions pursuant to the following sections
are made for the improvements, updating expansion or provision of
these additional facilities, deny preliminary subdivision approval.
The reviewing agencies, in determining that the off-site systems
will be inadequate to properly service applicant's development, shall
be guided by and take into consideration the following enumerated
standards for the system referred to:
A. Road system.
(1)
General requirements. Road systems leading to and from an applicant's
project shall be adequate to handle the anticipated peak load capacity
that will be generated from or through applicant's project when taken
in concert with such other potential areas of development that may
utilize the same road facilities.
(2)
Specific reviewable factors. Specific reviewable factors include:
(a)
A potential need and timing of other developments within the
geographic area of applicant's development which may reasonably be
expected to use or increase the demands upon the same systems utilized
by the applicant;
(b)
The increase of traffic generated by the applicant's development
as determined by traffic count, existing projected traffic patterns,
quality of roads in the area, life expectancy of existing facilities
both within and outside of the applicant's subdivision, future developments
within and outside the applicant's development, future developments
within areas adjacent to applicant's development, and other factors
related to the needs established by applicant's development;
(c)
The peak capacity of the facilities under discussion;
(d)
Traffic hazards created by proposed turns, stops, exits and
traffic flows on the facilities under discussion;
(e)
The existing or pending plans by other developments, local municipality,
the county or the state to upgrade, improve or modify the facilities
under discussion and whether such upgrading, improvement or modification
will increase, have no effect, or diminish the demand upon the facilities
under discussion and whether this upgrading, improvement or modification
will create a burden upon the facilities reviewed.
(3)
Data. The reviewing agency may require the furnishing of detailed
reports at applicant's expense to assist the agency in determining
whether or not the facilities available are adequate to meet the needs
created by the applicant's project.
B. Stormwater drainage systems.
(1)
General requirements. All developments for which approval is
sought shall have available adequate off-site improvements designed
to carry the increase in off-site surface water drainage caused by
the development of the project and by future needs of the drainage
basins as determined by the master drainage plan for the Township
to adequate collection areas such as rivers, lakes or streams.
(2)
Specified reviewable factors. The reviewing agency, in evaluating
whether or not the applicant's plans conform to the above-stated requirement,
may take into consideration the following:
(a)
Applicant's land area and its relationship to the acreage of
the total drainage basin to determine what the total needs of the
drainage basin for stormwater drainage facilities would be if maximum
allowable coverage occurs for the total acreage involved;
(b)
Existing or proposed development in the drainage basin and its
effect upon the facilities under discussion;
(c)
Existing or proposed stormwater drainage within the drainage
basin maintained by other developments, local municipality, the county
or the state; their maximum peak load capacity; and the effect which
applicant's project would have on these facilities;
(d)
The use of the particular site and the uses reasonably contemplated
for the balance of the drainage basin;
(e)
The water table of the applicant's project;
(f)
The nature of the soil conditions as they relate to percolation
and absorption capacity;
(g)
Capacity of existing facilities maintained within the drainage
basin;
(h)
The relationship that the drainage basin occupied by applicant's
project bears to other drainage basins.
(3)
Data. The reviewing agency may require the furnishing of detailed
reports at the applicant's expense to determine whether or not the
above requirements are met by the facilities in existence.
C. Potable water facilities.
(1)
General requirements. All developments for which approval is
sought shall have available an adequate water supply and distribution
system capable of producing, at the entranceway to applicant's development,
water pressure capable of generating pressure at 50 psi or delivering
water at 750 gallons per minute with a residual pressure of 20 psi.
(2)
Specific reviewable factors. The reviewing agency, in evaluating
whether or not the development conforms to the above-stated requirements,
may take into consideration the following:
(a)
The reasonably anticipated peak load requirements of applicant's
project as it relates to the capacity of existing or proposed systems
owned, operated or provided under contract by the Township;
(b)
The current capacity of the Township's water supply and distribution
system at peak load to generate sufficient water at appropriate pressure
to applicant's project after deducting the needs of all approved developments
whether constructed or proposed;
(c)
The potential for fire hazards if proper water pressure is not
provided to applicant's project;
(d)
The location of existing Township-owned water mains meeting
the standards of the Township as set forth by ordinance;
(e)
The location of proposed water main extensions, whether these
extensions are to be installed by the local municipality or other
developers, the county, or the state;
(f)
The capacity of water mains, whether existing or proposed, to
provide sufficient water or proper pressure to applicant's project;
(g)
The size of applicant's project as it relates to the loss of
pressure through friction from taking water through applicant's project;
(h)
The need for water to be pumped to applicant's project;
(i)
Proposed extension of water facilities through the Township
in accordance with the master water plan prepared by the Township
Engineer and how applicant's needs fit into this plan;
(j)
The availability and sufficiency of on-site water facilities
to handle applicant's needs;
(k)
Requirements of county, state or federal administrative rules
and regulations as they bear to the requirements for water supply
to a project such as contemplated by the applicant's project.
D. Sanitary water facilities.
(1)
General requirements. All developments for which approval is
sought shall have available sufficient capacity at the sanitary sewerage
disposal plans maintained by the Township to adequately treat the
sewerage requirements of applicant's project and shall have a sewer
main system available to deliver such sewerage to these plans for
treatment, giving due consideration in both instances to previously
approved if not yet constructed developments.
(2)
Specific reviewable factors. The reviewing agency, in evaluating
whether or not applicant's plans conform to above-stated requirements,
may take into consideration the following:
(a)
The reasonably anticipated peak load requirements of applicant's
project as they relate to the capacity of existing or proposed systems
owned, operated, or provided under contract by the Township;
(b)
The applicant's land area and its relationship to acreage of
the total drainage basin to determine what the total needs of the
drainage basin are for sanitary water disposal facilities, if maximum
allowable use occurs for the total acreage involved. The current capacity
of the Township sewerage disposal plants at peak load to properly
treat in conformity to prevailing standards, the sanitary water effluent
that is currently being generated and that will be generated when
taken together with that emanating from applicant's development;
(c)
The adequacy of facilities such as pumping stations, mains and
appurtenances to handle the increased flow to be generated by applicant's
project upon construction;
(d)
The use of the particular site uses reasonably contemplated
for the balance of the drainage basin;
(e)
Water table of applicant's development;
(f)
Nature of soil conditions within the drainage basin occupied
by applicant's development;
(g)
The location of existing Township-owned sanitary sewer facilities
meeting the standards of the Township as set forth by ordinance or
state regulation;
(h)
The size of applicant's project as it relates to the flow to
be generated by construction of applicant's development;
(i)
The requirements of the county, state or federal authorities
as they relate to standards to be utilized in determining the provisions
of proper sanitary sewer facilities to applicant's project;
(j)
The proposed extension of sanitary sewer facilities through
the Township in accordance with the master sanitary sewer plan and
how applicant's needs fit into this plan, the nature and type of effluent
to be anticipated from applicant's project and such special problems
as may be required by different types of effluent which may require
special equipment or added costs for treatment.
In the event that the reviewing agency shall determine that
the applicant's project cannot be approved without proper provision
being made for off-site improvements, applicant's application shall
be rejected, or, in the alternative, the applicant may provide for
the provision of the needed off-site facility by obtaining from the
Township governing body a certificate of adequacy, which shall determine
that the applicant shall have available to his project, by the time
application is made for certificate of occupancy, the needed off-site
improvements.
Any contract entered into between the Township and the applicant
shall specify that:
A. Construction contract. All construction shall be performed under
contract with the Township issued in compliance with N.J.S.A. 40A:11-1
et seq.;
B. Engineer's specifications. All construction shall be performed pursuant
to plans and specifications prepared by the Township Engineer and
shall be in conformity to the Master Plan;
C. Engineer's inspection. All construction shall be inspected and certified
to by the Township Engineer as conforming to all municipal standards
as they relate to such improvements;
D. Project description. All agreements shall outline in detail or by
attached project plan a full description of the project to be constructed.
Where different projects are to be funded in different ways, a description
for each project shall be separately stated for each method of financing
employed;
E. Ownership. All agreements shall provide that all improvements constructed
shall provide that all improvements constructed shall belong upon
completion to the Township.
In deciding which of the above methods is to be employed by
the Township in requiring the off-site improvements by the applicant,
the Township shall be guided by generally prevailing municipal standards
as they relate to the provisions of such off-site improvements and
all applicants similarly situated shall be similarly treated in their
dealings with the Township.
Nothing herein contained shall be deemed to obligate either
the applicant or the Township to any financial arrangement outlined
above except that applicants in a similar position shall be treated
equally and nothing contained within this chapter shall be deemed
to require that the applicant use any method employed by this chapter.
Any applicant may wait to construct his development until proper off-site
improvements are provided in the normal course of business by the
municipality in conformity to general prevailing construction plans
for such projects.