[Ord. #583; Ord. #231; 1972 Code § 75-8]
Prior to the granting of final approval, the subdivider shall
have installed all improvements required by this Chapter. All improvements
shall be subject to approval and inspection by the Municipal Engineer.
[Ord. #231; Ord. #583; 1972 Code § 75-8]
When all of the required improvements have been completed, the
obligor shall notify the Governing Body in writing, by certified mail
addressed in care of the Municipal Clerk of the completion of the
improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon the Municipal Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the Governing Body,
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
[Ord. #231; Ord. #583; 1972 Code § 75-8]
The Governing Body shall either approve or reject the improvements,
on the basis of the report of the Municipal Engineer and shall notify
the obligor in writing, by certified mail, of the contents of the
report and the action of the approving authority with relation thereto,
not later than 65 days after receipt of the notice from the obligor
of the completion of the improvements. Failure of the Governing Body
to send or provide such notification to the obligor within 65 days
shall be deemed to constitute approval of the improvements.
[Ord. #231; Ord. #583; 1972 Code § 75-8]
If any portion of the required improvements are rejected, the
approving authority shall require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
[Ord. #231; Ord. #583; 1972 Code § 75.8]
Nothing herein, however, shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the Governing Body or the Municipal Engineer.
[Ord. #231; Ord. #583; 1972 Code § 75-8]
Provision for a maintenance guarantee to be posted with the
Governing Body for a period not to exceed two years after final acceptance
of the improvement, in an amount not to exceed 15% of the cost of
the improvement. In the event that other governmental agencies or
public utilities automatically will own the utilities to be installed
or the improvements are covered by a maintenance guarantee to another
governmental agency, no maintenance guarantee shall be required by
the municipality for such utilities or improvements.
[Ord. #231; Ord. #583; 1975 Code § 75-8; Ord. #776]
a.
Streets, pavement, curbs and gutters.
1.
Street improvement specifications.
(a)
All streets shall be not less than 50 feet wide between property
lines and shall be not less than 36 feet wide between curblines.
(b)
All streets shall be curbed or curbed and guttered on both sides.
(c)
All curbs shall be not less than 16 inches deep and six inches
in width at the top and eight inches wide at the bottom and shall
be constructed of a minimum concrete mixture of one part cement, two
parts washed sand and three parts washed gravel or other suitable
aggregate.
(d)
The longitudinal grade of proposed streets shall not be less
than 0.40% and shall not exceed 10%, and streets with a longitudinal
grade of 4% or more shall be provided with concrete gutters a minimum
of six inches thick and two feet wide adjacent to the curb. All streets
shall have a crown of not less than nine inches.
(e)
The minimum requirement for the construction of streets shall
be not less than four inches compacted thickness of bituminous stabilized
base course with a surface course of one and 1 1/2 inches compacted
thickness of bituminous concrete, Type FABC-1. The bituminous stabilized
based course shall be plant mixed and shall be constructed in layers
of not more than 2 1/2 inches compacted thickness, and shall
be prepared and constructed in accordance with Division 3, Section
2A, New Jersey State Highway Department Standard Specifications for
Road and Bridge Construction (1961), as amended and supplemented.
Surface course shall be constructed in accordance with Division 3,
Section 10, of the specifications. Before construction of the base
course, all curbs, utility mains and connections shall have been installed.
Each course shall be inspected and approved by the Borough, through
its designated representative, before any additional course shall
be constructed. If the inspector shall determine, either before or
during construction, that specific conditions in any area require
street construction of more than the minimum requirements herein described,
then such additional requirements shall be deemed to be the minimum
requirements for such construction.
(f)
Where subbase conditions of proposed streets are wet, springy
or of such nature that surfacing would be inadvisable without first
treating the subbase, the treatment of the subbase shall be made in
the following manner:
(1)
The street shall be excavated to a depth that shall be a minimum
of 12 inches below the proposed finished grade.
(2)
Sand gravel shall be placed to a depth which, after thorough
rolling, shall be not less than six inches.
(3)
After the subbase material has been properly placed and compacted,
the street surfacing material as described heretofore shall be spread
thereon.
(g)
All streets shall be provided with catch basins and pipes where
the same may be necessary for proper surface drainage. The requirements
of this section shall not be satisfied by construction of dry wells.
Catch basins shall be designed in accordance with the New Jersey Department
of Transportation's standard plans and specifications. Frames and
grates shall be Campbell Foundry Co. Pattern No. 2541 or No. 2548
stream flow grating with eight inch curb face or equal. A concrete
apron 24 inches in width and six inches thick, composed of 3,000 pound
concrete, measured 28 days after installation, shall be constructed
around catch basins. Storm drain pipes shall be reinforced concrete
hard pipe, extra strength, conforming to ASTM specifications C-76-60
Class IV.
(h)
All streets shall have water mains not less than six inches
in diameter installed therein for the entire length thereof.
(i)
At any point on a road where a proposed intersection is shown
on a plat, and where the subdivider plans further development of such
intersecting roads, the intersection road shall be curbed and surface-treated
in accordance with the requirements hereinabove set forth in this
section, for a distance equal to the depth of the lots shown on said
plat, adjoining the proposed intersected street.
b.
Storm drains and culverts. Where storm drains or culverts are required
on-site or off-site, all streets shall be provided with sufficient
catch basins, storm sewers, culverts, water detention basins and other
drainage appurtenances for the proper drainage of the area in the
light of existing and future conditions. All such facilities shall
be constructed in accordance with the standards and requirements of
good engineering practice or such other specifications as may be required
by the Municipal Engineer where special circumstances so require.
c.
Monuments. Monuments shall be of the size and shape and shall be
installed as required by the New Jersey Map Filing Law.
d.
Street name signs. Street name signs shall be placed at all street
intersections within the subdivision. Such signs shall be of a type
and shall be installed in accordance with standards adopted by the
Governing Body. Signs shall be placed two per intersection on the
near right hand corner as viewed from the street which is expected
to carry the greatest traffic through the intersection. If both streets
are expected to carry equal traffic, the locations shall be as approved
by the Municipal Engineer.
e.
Utility installations. All utility lines and necessary appurtenances,
including but not limited to electric transmission and electric, gas
and water distribution, communications, street lighting and cable
television, shall be installed underground within easements or dedicated
public rights-of-ways. All power and telephone underground lines shall
be confined to a five foot easement within the street R.O.W. immediately
adjacent to one of the street R.O.W. lines. Any additional easement
width required shall be located on the abutting private property.
The subdivider shall arrange with the serving utility for the underground
installation of the utilities supply lines and service connections
in accordance with the provisions of the applicable Standard Terms
and Conditions of the Tariff as the same are then on file with the
State of New Jersey Board of Public Utility Commissioners and shall
submit to the Planning Board prior to the granting of approval a written
instrument from each serving utility which shall evidence full compliance
with the provisions of this Section; provided, however, that lots
in subdivisions which abut existing easements or public rights-of-way
where overhead utility lines have theretofore been installed may be
supplied with service from such overhead lines if no new utility poles
are required. In any event, all new building service connections shall
be installed underground.
Wherever the utility is not installed in the public right-of-way
an appropriate utility easement of not less than 25 feet in width
shall be provided.
f.
Street lighting. Street lighting shall be installed by the developer
if it is determined by the Municipal Agency that such lighting is
necessary for public safety. Street lights shall be of a type approved
by resolution of the Governing Body and by the electric utility company
serving the proposed subdivision; and located so as to provide a minimum
lighting level of 0.5 horizontal foot candles on all collector and
arterial streets. The subdivider shall provide for initial installation
of any street lights; the locations to be approved by the Municipal
Agency. After final acceptance, operation and maintenance costs shall
be the responsibility of the municipality.
g.
Top soil protection. Top soil which shall be removed in the course
of regrading a subdivision shall not be used as spoil. No top soil
shall be removed from the subdivision site until such top soil shall
be redistributed as to provide at least six inches of cover on areas
to be used as building sites from which top soil was removed and shall
be stabilized by seeding or planting. Any excess top soil may be removed
from the site only with the written approval of the Municipal Engineer.
h.
Shade trees.
1.
The removal of existing trees shall not be permitted in any subdivision
except in the location of structures or unless it can be shown that
grading or construction requires removal. The Municipal Agency may
compel the subdivider or developer at his sole expense to retain a
qualified Forester or Certified Tree Surgeon to report to the Board
as to what measures are necessary to preserve existing trees.
2.
Street shade trees shall be required within a subdivision and the
developer shall submit a planting plan prepared by a Landscape Architect
showing the proposed location, size, botanical and common names of
all trees and shall conform to all requirements as set forth in this
section. All planting plans shall be approved by the Planning Board
in collaboration with the Environmental Commission.
3.
Trees shall be nursery grown stock not less than 2 1/2 inch
caliper, as measured one foot above the root ball.
4.
Shade trees shall be installed between the street right-of-way line
and the curb, 25 feet from any existing or proposed street light or
street intersection.
5.
The developer shall plant, maintain for one year, and replace (where
necessary) all shade trees. Trees shall be selected from the following
list and spaced as specified.
|
Approved Street Trees
|
Spacing On-Center
|
|---|---|
|
Ginkgo biloba (male only) - Ginkgo
|
30 feet
|
|
Carpinus caroliniano - American Hornbeam
|
20 feet
|
|
Carpinus betulas - European Hornbeam
|
20 feet
|
|
Cornus florida - Flowering White Dogwood
|
25 feet
|
|
Cornus florida rubra - Flowering Pink Dogwood
|
25 feet
|
|
Cornus Kousa - Japanese Dogwood
|
25 feet
|
|
Prunus subhirtella automnalis - Autumn Higan Cherry
|
25 feet
|
|
Acer platanoides - Norway Maple
|
50 feet
|
|
Prunus serrulata "Kwanzan" - Kwanzan Cherry
|
25 feet
|
|
Prunus subhirtella - Higan Cherry
|
25 feet
|
|
Quercus rubra - Red Oak
|
50 feet
|
|
Quercus alba Coccinea - Scarlet Oak
|
50 feet
|
|
Sophora japonica Regent - Regent Scholar Tree
|
20 feet
|
|
Koelreuteria paniculata - Goldenrain-Tree
|
25 feet
|
|
Prunus cerasifera - Purple-leaved Plum
|
20 feet
|
|
Tilia tomentosa - Silver Linden
|
30 feet
|
|
Tilia americana - American Linden
|
40 feet
|
|
Quercus acutissima - Sawtooth Oak
|
50 feet
|
|
Gleditsia triacanthos inermis "Shademaster" - Thornless Honeylocust
|
50 feet
|
|
Amelanchier canadensis - Downy Shadblow
|
25 feet
|
|
Pyrus calleryana "Bradford" - Bradford Callery Pear
|
25 feet
|
|
Tilia cordata - Littleleaf Linden
|
35 feet
|
|
Fraxinus pennsylvanica - Green Ash
|
40 feet
|
|
Quercus palustris - Pin Oak
|
50 feet
|
i.
Sanitary sewers.
1.
Where a public sanitary sewer system is available on-site, each lot
within a subdivision shall be provided with sewage disposal facilities
by the required extension of sewer mains and connections thereto,
the costs thereof to be borne solely by the subdivider.
2.
Where a pubic sanitary sewer system is not available "on" or "off-site,"
the Municipal Agency may require the extension of an off-tract sanitary
sewer system. Installation and cost provisions shall be as determined
and approved by the municipality.
3.
All such installation of sewer mains and connections shall be constructed
in accordance with the specifications and requirements of the Municipal
Engineer.
j.
Water supply.
1.
Where a public water system is available on-site or off-site, each
lot within a subdivision shall be provided with public water facilities
by the required extension of water mains and connections thereto,
the costs thereof to be borne solely by the subdivider. All installations
of public water supply shall be subject to the approval of the Municipal
Engineer.
2.
Where a public water system is not available "on" or "off-site,"
the Municipal Agency may require the extension of an off-tract water
system, the installation and cost to be determined by the Municipal
Agency.
3.
All such installation of mains and connections shall be constructed
in accordance with the specifications and requirements of the Municipal
Engineer.
k.
Fire hydrants. Fire hydrants shall be installed in all subdivisions.
Fire hydrants shall be of the type approved by the local fire district
in accordance with the recommendations of the Fire Insurance Rating
Organization of New Jersey and shall be placed and installed in accordance
with the standards of the fire district. Such installation shall be
subject to the inspection and approval of the Fire Chief and the Municipal
Engineer.
l.
Traffic. Stop signs as directed by the Township Police.
m.
Recyclable materials storage. Materials designated in the Borough
of Brielle Recycling Ordinance No. 721[1], shall be separated from other solid waste by the generator
and a storage area for recyclable material shall be provided as follows:
1.
For each subdivision application for single family units, the applicant
shall provide a storage area of at least 12 square feet within each
dwelling unit to accommodate a four week accumulation of mandated
recyclables (including but not limited to: newspaper, glass bottles,
aluminum cans, tin and bi-metal cans). The storage area may be located
in the laundry room, garage, basement or kitchen.
2.
For each subdivision application for multi-family units, the applicant
shall provide a storage area of at least three square feet within
each dwelling unit to accommodate a one week accumulation of mandated
recyclables (including but not limited to: newspaper, glass bottles,
aluminum cans, tin and bi-metal cans). The storage area may be located
in the laundry room, garage, or kitchen. Unless recyclables are collected
on a weekly basis from each dwelling unit, one or more common storage
areas must be provided at convenient locations within the development.
[Ord. #231; Ord. #583; 1972 Code § 75-8]
a.
General. Prior to the granting of final approval the subdivider shall
have installed or made cash payments toward the ultimate installation
of off-tract improvements and in accordance with the standards and
conditions governing on-tract improvements. Those off-tract improvements
which are made necessary by construction or improvements within the
subdivision or development, shall be required in accordance with this
Article. Off-tract improvements herein shall include, but not be limited
to, installation of new improvements and extension and modifications
of the existing improvements.
b.
Estimate of cost and benefits. If an off-tract improvement is required,
the Municipal Agency shall, with the aid of the Municipal Engineer
and such other persons as have pertinent information or expertise,
estimate:
c.
Manner of construction. When the estimates are received the Municipal
Council shall then decide whether the off-tract improvement is to
be constructed:
d.
Amount of contribution. When the amount of contribution has been
determined, the subdivider may be required to provide, as a condition
for final approval of the subdivision, a cash deposit to the Municipality
of one of the following amounts:
1.
If the improvement is to be constructed by the Municipality 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 subdivision property, will be specially benefited by the off-tract
improvement.
2.
If the improvement is to be constructed by the Municipality as a
local improvement, then in addition to the amount referred to in (1),
the estimated amount by which the subdivision will be specially benefited
by the off-tract improvement; or
3.
If the improvement is to be constructed by the subdivider, an amount
equal to the estimated cost of the off-tract improvement, less an
offset for benefits to properties other than the subdivision.
e.
Allocation of costs. The allocation of costs shall be determined
in accordance with the following:
1.
The Municipal Agency may consider the total cost of the off-tract
improvements, the benefits conferred upon the subdivision, the needs
created by the subdivision, population and land use projections for
the general areas of the subdivision and other areas to be served
by the off-tract improvements, the estimated times of construction
of off-tract improvements, and the condition and periods of usefulness.
The Municipal Agency may further consider the criteria set forth below.
(a)
Road, curb and sidewalk improvements may be based upon the anticipated
increase of 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 subdivision and anticipated benefit thereto.
(b)
Drainage facilities may be based upon the percentage relationship
between the subdivision acreage and the acreage of the total drainage
basins involved.
(c)
Sewerage facilities may be based upon the proportion that the
subdivision's total anticipated volume of sewage effluent bears to
the existing capacity of existing and projected sewage disposal facilities,
including but not limited to lines and other appurtenances leading
to and servicing the subdivision. The Municipal Agency may also consider
types of effluent and particular problems requiring special equipment
or added costs for treatment.
(d)
Water supply and distribution facilities may be based upon the
added facilities required by the total anticipated water use requirements
of the subdivision.
f.
Payment of allocated cost.
1.
The estimated cost of the off-tract improvement allocated to the
subdivider shall be paid by the subdivider, if deposited in cash,
to the Municipal Clerk, who shall ensure that it only be used for
the off-tract improvements for which they are deposited or improvements
serving the same or similar purpose.
2.
If the subdivider shall deem that any of the amounts so estimated
by the Municipal Agency are unreasonable, it may challenge them and
seek to have them revoked in appropriate proceedings brought to compel
subdivision approval.
3.
If the subdivider and the Municipality cannot agree with respect
to the subdivider's appropriate share of the actual cost of the off-tract
improvement and the off-tract improvement is constructed as a local
improvement, the dispute shall be decided in an appropriate judicial
proceeding or proceedings.
g.
Assessment of properties. Upon receipt from the subdivider of its
allocated share of the costs of the off-tract improvements, the Municipality
may adopt a local improvement assessment ordinance for the purpose
of construction and installation of the off-tract improvements based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a deposit by a subdivider may be assessed against
benefiting property owners by the Municipality. Any assessments for
benefits conferred made against the subdivider or its successors in
interest shall be first offset by a pro-rata share credit of the allocated
costs previously deposited with the Municipal Clerk pertaining thereto.
h.
Credit for work performed. In the event the subdivider, with the
Municipality's consent, decides to install and construct the off-tract
improvement, or any portion thereof, the certified cost shall be treated
as a credit against any assessment for that particular off-tract improvement,
or portion thereof, as if the subdivider had deposited its apportioned
cost with the Municipal Clerk.
i.
Design. Should the subdivider and the Municipality enter into a contract
for the construction and erection of the off-tract improvements to
be done by the subdivider, the subdivider shall observe all requirements
and principles of the land subdivision and other ordinances, in the
design of such improvements.
