The installation of any subdivision improvements or the commencement
of any clearing and grading subsequent to preliminary approval shall
not be undertaken unless the following has been done:
A Zoning Permit has been issued pursuant to Article 3, § 35-3-7.1.
The Municipal Agency having jurisdiction over the subdivision
(Planning Board or Board of Adjustment) in consultation with the Township
Engineer has determined that the clearing, grading, and/or installation
of improvements would not hinder future development or create physical
or aesthetic problems in the event that further development of the
site plan is not undertaken.
The required inspection fees have been paid, and adequate performance
guarantees have been posted to provide for the cost to the Township
of performing work that may be necessary to protect adjacent property
owners and the public interest in the event that such clearing, grading
and/or further development of the site is not undertaken. Such performance
guarantees shall include, but are not limited to, the cost of the
Township providing stabilizing the site, drainage facilities necessary
to protect off tract areas from flooding, screening, or fencing that
may be required and all improvements to be undertaken which are within
existing public rights-of-way or easements.
Prior to any disturbance of the site or commencement of any
construction, the developer shall enter into an agreement with the
Township Committee. This agreement shall be of a form that is acceptable
to the municipal attorney and one in which the developer agrees to
abide by the terms and conditions of approval, construct the required
improvements in accordance with the approved plans, agree to maintain
the site and the constructed improvements. The developer also shall
agree that in the event that the site and improvements are not maintained,
the Township can utilize the cash portions of the performance guarantee
to immediately attend to items presenting a safety hazard.
Prior to the granting of final approval, the subdivider shall
have installed or shall furnish performance guarantees for the ultimate
installation of the following:
Curbs shall not be required in the R-130 Residential Zone and
at the discretion of the Planning Board may only be required at certain
locations in the R-80 Residential Zone for drainage control purposes,
curbs shall be concrete or Belgian block. If concrete, curbs shall
not be less than 18 inches deep and six wide at the top and eight
inches wide at the bottom. The concrete shall have a compressive strength
of 3,500 pounds per square inch (NJDOT Class 3) after 28 days. The
maximum length of blocks shall be 10 feet with a performed bituminous
expansion joint filler 1/2 inch thick installed ever 20 feet. The
finish shall be a float finish with the corner rounded.
All streets shall be graded to their full width between property
lines and in accordance with the grades and cross sections shown on
the approved preliminary plan. The minimum for the pavement of any
street shall be as shown on the "typical cross sections" and constructed
in accordance with the New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction (1987), as amended,
where subbase conditions of proposed street are wet, springy or of
such a nature that paving would be inadvisable without first treating
the subbase, the subbase shall be stabilized by the installation of
suitable sub-surface and subbase material or other construction as
may be required to meet the special condition. The methods employed
to stabilize the subbase shall be approved by the Township Engineer.
All streets shall be provided with catch basins and storm drains
for proper surface drainage. Where drainage water from the streets
shown on the plat discharges on the property of the owners or others,
proper easements shall be obtained by the applicant and furnished
to the Township covering the rights to discharge such drainage water.
Where drainage water from streets or property adjoining the proposed
subdivision flows to or through the proposed subdivision, satisfactory
provisions shall be made for the continuance of the flow, and such
additional width or construction as may be necessary to handle further
anticipated flows shall be provided. Catch basins, manholes and headwalls
shall be constructed in accordance with the standard construction
details as approved by the Township Committee. Storm drain pipes shall
be reinforced concrete culvert pipe conforming to ASTM Specifications
C 76-61, Class IV. At through intersections where it is necessary
to conduct surface water across a street, it may be accomplished by
the use of a twelve-inch minimum diameter cast iron culvert pipe.
At other than through intersections dished gutters may be provided.
Storm drains shall be located within the curblines of streets
and shall be located such that the excavation therefor shall not be
under proposed curbs. Catch basins shall be located, preferably, at
or near the end of curb returns at intersections.
The required street and traffic signs shall be installed.
[Ord. No. 99-06 § VI; Ord. No. 08-28 § 1]
All street trees shall be installed. For specific requirements relating to the provision of landscaping, see § 35-11-14 of this chapter.
Sight triangle easements shall be required at all intersections,
in addition to the required right-of-way which, in which no grading,
planting or structure shall be erected or maintained except for street
signs, fire hydrants, and utility poles. The sight triangle is defined
as that area outside the street right-of-way which is bounded by the
intersecting street lines and the straight line connecting "sight
points" one each located on the two intersecting street center lines:
arterial streets at 300 feet; collector streets at 200 feet; and local
streets 90 feet where the intersecting streets are both arterials,
both collectors or one arterial and one collector, two overlapping
sight triangles shall be required, formed by connecting the "sight
point" noted above with a "sight point" 90 feet on the intersecting
street. Such easement dedication shall be expressed on the plat as
follows: "Sight triangle easement granted to the Township of Millstone,
as provided for and expressed in the Land Use and Development Regulations
of the Township of Millstone."
[Ord. No. 04-16 § I]
Topsoil moved during the course of construction shall be redistributed
so as to provide at least six inches of cover in all disturbed areas.
In instances where the initial removal and stockpiling of topsoil
does not provide for the redistribution of topsoil to a minimum depth
of six inches the owner or developer shall be required to bring additional
topsoil to a site and redistribute same so as to provide a minimum
of six inches of topsoil for the seeding, planting and stabilization
of all disturbed areas. All disturbed areas of a subdivision not covered
by buildings or impervious surfaces shall be properly and adequately
stabilized by seeding or planting.
Monuments shall be of the size and shape required by N.J.S.A.
46:23-94 and shall be placed in accordance therewith.
All bridges shall be approved by the appropriate state or county
agency.
[1]
Editor's Note: Former § 35-10-2.9, Water Mains,
etc., was repealed 5-20-2020 by Ord. No. 20-13, this ordinance also renumbered former §§ 35-10-2.10 through 35-10-2.14 as §§ 35-10-2.9 through 35-10-2.12, respectively.
Sidewalks shall not be required in the R-170 or R-130 Residential
Zone and at the discretion of the Planning Board may only be required
along one side of the street in the R-80 Residential Zone. Sidewalks
shall be at least four inches thick, of Class C concrete having a
twenty-eight-day compressive strength of three 3,500 psi, except at
points of vehicular crossing where they shall be at least six inches
thick of Class B concrete having a twenty-eight-day compressive strength
of 4,000 psi, and shall be reinforced with 6x6 10/10 welded wire
mesh.
[1]
Editor's Note: Former § 35-10-2.11, Sanitary Sewers,
was repealed 5-20-2020 by Ord. No. 20-13, this ordinance also renumbered former §§ 35-10-2.10 through 35-10-2.14 as §§ 35-10-2.9 through 35-10-2.12, respectively.
Site grading shall be done according to the approved site grading
plan.
Soil erosion and sedimentation control measures in accordance
with the approved land disturbance plan.
All improvements shall be constructed and installed in accordance
with the "Plan of Standard Details" adopted by the Township Committee
and hereby declared to be a part of this chapter.
[Ord. 97-09]
The improvement requirements of this article 10 shall be applicable to all development applications, unless a particular standard or requirement in this article has been specifically superseded by a Statewide Residential Site Improvement Standard validly adopted by the New Jersey Commissioner of Community Affairs pursuant to N.J.A.C. 5:21. In the event of future amendments of the Residential Site Improvement Act, N.J.S.A. 40:55D-40.1, then only those specific sections of this article which are covered by the Act shall be superseded by the Statewide Residential Site Improvement Standards as then in effect, and all other standards of this article 10 shall remain in force and shall be applicable to all land development applications in every case.
[Ord. No. 01-30 § I]
The following provisions shall control completion of improvements:
a.
Time for Completion. All bonded improvements shall be completed the
earlier of (1) within three months after 85% occupancy of the project
as determined by the Township Engineer; or (2) within three years
from either (a) the date of release by the Township of the signed
subdivision or site plan map, or (b) date of first on-site soil disturbance,
whichever is later. If the development has been granted approval by
the Township reviewing agency, in sections, the time for completion
of improvements as set forth herein shall apply on a section by section
basis.
b.
Application for Extension. Pursuant to N.J.S.A. 40:55D-53(b), the
developer may apply to the Township Committee for an extension of
time within which to complete installation of the improvements. Such
application shall (1) be in writing, (2) detail all reasons the extension
is deemed necessary by the developer, (3) include an itemized listing
of which improvements have been completed and which improvements remain
uncompleted, (4) include, as to each uncompleted improvement, an estimated
time when the developer anticipates that each such uncompleted improvement
shall be completed. The written application shall be submitted to
the Township Clerk by certified mail, return receipt requested, with
a copy to the Township Engineer, Township Attorney and the surety,
no later than three months prior to the expiration of the time to
complete the improvements.
c.
Township Engineer's Report and Recommendation. Upon application for
an extension of time within which to complete improvements having
been submitted by a developer, the Township Engineer shall cause the
developer's project to be inspected and shall prepare a report containing
an itemized cost estimate listing all uncompleted or unsatisfactorily
completed improvements. As to each uncompleted or unsatisfactorily
completed improvement, the Township Engineer shall set forth a reasonable
time period for same to be completed/corrected. Further, in his/her
report, the Township Engineer shall make a recommendation to the Township
Committee as to whether or not the developer's application for extension
should be denied or granted, and any conditions which should be imposed
in the event of favorable action on the application. In addition,
the Township Engineer's report shall make a specific recommendation
as to whether or not, if the extension is to be granted, the amount
of the performance guarantee should be increased or reduced.
d.
Township Committee Action. After consideration of the written application
for extension and the report and recommendation of the Township Engineer,
the Township Committee shall take action on the application, which
action shall be memorialized by written resolution. Nothing herein
shall be construed as prohibiting the Township Committee from seeking
additional information before taking action on the application.
e.
Default. A developer who has not completed the improvements pursuant
to the time constraints set forth herein shall be deemed to be in
default without any further action required by the Township Committee,
except under the circumstance that the developer shall have timely
made application for an extension of time hereunder, which application
is still pending before the governing body without action having been
taken. If thereafter, the Township Committee denies the application
for extension, such denial shall be deemed to cause the developer
to be in default as of the date of adoption of the resolution memorializing
the denial. Upon default of the developer, any cash performance guarantee
posted with the Township shall be deemed forfeited to the Township
for the purpose of defraying any and all costs incurred by the Township
in seeking to enforce completion of the improvements, or in completing
the improvements itself. The developer, surety and any guarantors
shall be liable to the Township for all costs and expenses for enforcing
completion of the improvements and actual costs of completing the
improvements. In the interest of public safety, upon default of the
developer, the Township may undertake completion of the improvements
and thereafter seek reimbursement from the parties that are liable
hereunder. Alternatively, the Township may, in the event of the default
of the developer, bring an action against the parties liable hereunder
for recovery of the costs of enforcing completion of the improvements
or completing the improvements by the Township, all in accordance
with N.J.S.A. 40:55D-55(c).
f.
Nonwaiver. Nothing herein shall be deemed as a waiver by the Township
in the event that it shall fail to take action, or delay in taking
action to enforce completion of improvements as required herein.
