Borough of Millstone, NJ Subdivision

Any owner of land within the Borough of Millstone shall, prior to subdividing or resubdividing his land, as defined in this Ordinance, submit to the Secretary of the Planning Board at least 30 days prior to the regular meeting of the Board an original and two copies of the minor subdivision application, together with 12 copies of the proposed minor subdivision plat. If the applicant does not intend to file a map in the County Clerk's office with regard to the proposed subdivision, the applicant shall also file a proposed deed of the lots in the subdivision containing a legal description of the lots that the applicant proposes to create. In addition, the applicant shall file a copy of the subdivision application and at least two copies of the subdivision plat with the County Planning Board and furnish proof of filing with the Secretary of the Millstone Planning Board.

If classified as a minor subdivision by the unanimous vote of the Subdivision Review Committee, a notation to that effect will be made upon the plat. The plat will then be considered as a minor subdivision by the Planning Board. If the subdivision is approved, the plat shall be signed by the Chairman and Secretary, upon the request of the applicant, provided it is submitted in proper form.

Before the Planning Board Secretary returns any approved subdivision plat to the subdivider, the Secretary shall have sufficient copies made to furnish one copy to each of the following:

Municipal Clerk.

Municipal Engineer.

Construction Official or Zoning Officer.

Tax Assessor.

(e)

Secretary of the Planning Board.

(f)

County Planning Board.

Either a deed description or plat map drawn in compliance with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., shall be filed by the subdivider with the County Recording Officer within 190 days from the date of municipal approval; otherwise the subdivision approval shall expire.

If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedure in Sections 30-117B and 30-117C.

Editor's Note: See now N.J.S.A. 46:26A-1 et seq. for map filing.

Submission of preliminary plat of major subdivision.

At least 12 black-on-white prints of the preliminary plat map, together with three completed application forms for preliminary approval, shall be submitted by the owner, properly signed as being the person or subdivider seeking approval, or by his agent acting for and with the consent of the owner, to the Secretary of the Planning Board 30 days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees shall be paid to the Planning Board Secretary in accordance with the fee schedule. The Municipal Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plat.

The applicant shall give notice of the application and shall also publish notice of the same as required in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and any other ordinance of the Borough of Millstone.

Copies of the preliminary plans shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:

Secretary of County Planning Board.

Municipal Engineer.

Secretary of Board of Health.

Such other municipal, County or State officials as directed by the Planning Board.

The Planning Board shall act on the preliminary plat within the time period specified in the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq. In all cases the recommendations of the County Planning Board shall be given careful consideration in the final decision of the Borough Planning Board. Approval of the subdivision shall be conditioned upon the approval of the County Planning Board. The applicant shall be notified of the action of the Borough Planning Board within the time period specified by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

Improvements or guaranties prior to final approval. Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Section 30-123 or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.

Submission of final plat of major subdivision.

The final plat shall be submitted to the Secretary of the Planning Board for final approval within three years from the date of preliminary approval. The Planning Board shall act upon the final plat within 45 days after the date of submission of a complete application for final approval.

The original tracing, one translucent tracing cloth copy, two cloth prints, 12 black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least 14 days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.

The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:

Installed all improvements in accordance with the requirements of these regulations; or

Posted a performance guaranty with the Municipal Clerk in sufficient amount to assure the completion of all required improvements.

Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-12 shall be forwarded by the applicant to the County Planning Board for its action prior to final approval.

The Planning Board shall act upon the application for final subdivision approval within a time allowed by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval and the Municipal Clerk shall issue a certificate to that effect.

Upon final approval, copies of the final plat shall be filed with the Planning Board and with the following:

Municipal Clerk.

Municipal Engineer.

Construction Official.

Tax Assessor.

(e)

County Planning Board.

The final plat, after final approval by the Planning Board, shall be filed by the subdivider in the Somerset County Clerk's office within 95 days from the date of signing of the plat. For good cause shown, the Planning Board may extend the period for recording for an additional period not to exceed 190 days from the signing of the plat. If any plat has not been filed as aforesaid, the approval shall expire.

No plat shall be accepted for filing by the County Clerk unless it has been duly approved by the Planning Board of the Borough of Millstone and signed by the Chairman and Secretary.

§ 30-118 MINOR SUBDIVISION PLAT.

The minor subdivision plat shall be based on Tax Map information, at a scale of not less than one inch equals 100 feet, prepared and certified to by a professional engineer or licensed land surveyor and complying with all other requirements of the Map Filing Law, if applicable, to enable the entire tract of which the subdivision is a part to be shown on one sheet, and which shows or includes the following information:

The entire tract from which a portion is to be subdivided, and the location of the subdivided portion in relation to the entire tract.

All existing structures and general outlines of wooded areas within the portion to be subdivided and within 200 feet thereof, and their distances from existing and proposed property lines.

The names of the owners of all adjoining property as disclosed by the most recent Borough tax records.

The Tax Map sheet, block and lot numbers.

All streets or roads and streams within 200 feet of the subdivision, as well as ponds and other natural features.

Sketch of the proposed layout of streets, lots and other features in relation to the existing conditions within the subdivision.

A North arrow and scale.

The location and size of all drainage structures.

A metes and bounds designation of the entire tract and new lines sought to be established and any plat lines to be eliminated to be indicated.

The area of the entire tract, the area and width of the lot sought to be created at the street line and the road frontage of the remaining portion.

The name of street and the width of right-of-way on which the property fronts.

The names of all abutting owners and their tax lot and block designations according to the latest rolls of the municipality; the name and address of the owner, subdivider; date of latest revision and number of new lots sought to be created.

§ 30-119 MAJOR SUBDIVISION PRELIMINARY PLAT.

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or professional qualified civil engineer. The plat shall be designed in compliance with the provisions of Section 30-127 and shall show or be accompanied by the following information:

A Key map showing the following:

The entire tract clearly delineated by crosshatching, shading or other appropriate means, distinguishing it from adjoining lands.

The lot or lots being subdivided clearly delineated by cross-hatching, shading or other appropriate means, and distinguishing them from the remainder of the entire tract being subdivided.

Adjoining properties.

The Tax Map lot and block designation of the subject premises and of adjoining lands.

The street on which the subdivision is located, including a State or County route number and the common road name.

The scale of the key map portion of the subdivision plat shall be not less than one inch equals 400 feet.

Reference meridian.

A title block containing the following information shall be inserted on the plat:

Tract name.

Tax Map sheet.

Block and lot number.

Date.

Reference meridian.

Graphic scale.

Name and address of record owner or owners.

Name and address of subdivider.

Name and address of person who prepared map.

Acreage of tract to be subdivided, to nearest tenth of an acre.

Sufficient elevations or contours at five foot intervals to determine the general slope and natural drainage of the land and the high and low points, and center-line profiles showing proposed finished grade for all proposed new streets.

The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas and rock formations. Road plans shall show all pertinent information including but not limited to horizontal and vertical road alignment and the placement of all drainage facilities and structures.

Plans of proposed utility layouts (sewer, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility system. Such plans must clearly show any connections to existing water and sewer systems. When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this section or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, County or State health agency.

A copy of any protective covenants or deed restrictions applying to the land subdivided shall be submitted with the preliminary plat.

Environmental impact statement, if required by the reviewing municipal body, in accordance with requirements determined by the Planning Board.

When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. When a public sewage disposal system is not available, the developer shall have a percolation test made on each lot by an engineer licensed in the State of New Jersey, uniformly spaced, and submit the results, in writing, signed and sealed by the engineer, with the preliminary plat. Said tests shall be taken within the building setback lines of each lot. Such tests must meet the requirements and standards established by the State Department of Environmental Protection. Any subdivision or part thereof which does not meet with the established requirements of this Ordinance shall not be approved. Any remedy proposed to overcome a deficiency shall first be approved by the appropriate local, county or state health agency.

§ 30-120 MAJOR SUBDIVISION FINAL PLAT.

The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all provisions of N.J.S.A. 46:23-9.9 et seq. The final plat shall show or be accompanied by the following:

Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

Tract boundaries lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines with accurate dimensions bearings, or deflection angles of all curves.

The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

Each block shall be numbered and the lots within each block shall be numbered in accordance with a system of numbers which will ultimately be the numbers shown on the Borough Tax Map.

Minimum building setback line on all lots and other sites.

Location and description of all monuments.

Name of owners of adjoining unsubdivided land.

Certification by engineer or surveyor as to accuracy of details.

Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

Approval of any application shall be conditioned on certification by the Somerset-Union County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of N.J.S.A. 4:24-39, et seq.

Plans for water mains showing their exact locations; plans and profiles of storm and sanitary sewers.

Certificate from Tax Collector that all taxes are paid to date.

Restrictive covenant regarding underground utilities in accordance with the prevailing standards and practices of the utility or other companies providing such services.

Scale shall be not less than one inch equals 100 feet and in compliance with the provisions of N.J.S.A. 46:23-9.9 et seq.

§ 30-121 CHECKLIST OF REQUIREMENTS: SUBDIVISIONS.

Pursuant to N.J.S.A. 40:55D-10.3, the following checklist for subdivision applications before the Millstone Planning Board be and is as follows:

SCHEDULE A

MILLSTONE BOROUGH PLANNING BOARD SUBDIVISION APPLICATION CHECKLIST

Applicant:

Date:

Block:

Lot(s):

		Applicant	Planning Board
1.	Three copies of application form.
2.	Fees paid.
3.	Names and addresses of stockholders of corporation or partners in partnership owning 10% or more.
4.	Twelve copies of plot plan.
PLOT FOR MINOR SUBDIVISION SHOULD CONTAIN THE FOLLOWING BASIC DATA:
5.	The entire tract from which a portion is to be subdivided, and the location of the subdivided portion in relation to the entire tract.
6.	All existing structures and general outlines of wooded areas within the portion to be subdivided and within 200 feet thereof, and their distances from existing and proposed property lines.
7.	The names of the owners of all adjoining property as disclosed by the most recent Borough tax records.
8.	The Tax Map sheet, block and lot numbers.
9.	All streets or roads and streams within 200 feet of the subdivision, a well as ponds and other natural features.
10.	Sketch of the proposed layout of streets, lots and other features in relation to the existing conditions within the subdivision.
11.	A North arrow and scale.
12.	The location and size of all drainage structures.
13.	A metes and bounds designation of the entire tract and new lines sought to be established and any plat lines to be eliminated to be indicated.
14.	The area of the entire tract, the area and width of the lot sought to be created at the street line and the road frontage of the remaining portion.
15.	The name of street and the width of right-of-way on which the property fronts.
16.	The names of all abutting owners and their tax lot and block designations according to the latest rolls of the municipality; the name and address of the owner, subdivider; date of latest revision and number of new lots sought to be created.
16a.	A stormwater management plan per Article V Section 30-139, Requirements for a Stormwater Control Plan [Added 12-19-2005 by Ord. No. 2005-004]
PLOT FOR MAJOR PRELIMINARY SUBDIVISION SHOULD CONTAIN THE FOLLOWING BASIC DATA:
17.	A Key map showing the following:
	(a) The entire tract clearly delineated by cross-hatching, shading or other appropriate means, distinguishing it from adjoining lands.
	(b) The lot or lots being subdivided clearly delineated by cross-hatching, shading or other appropriate means, and distinguishing them from the remainder of the entire tract being subdivided.
	(c) Adjoining properties.
	(d) The Tax Map lot and block designation of the subject premises and of adjoining lands.
	(e) The street on which the subdivision is located, including a State or County route number and the common road name
	(f) The scale of the key map portion of the subdivision plat shall be not less than one inch equals 400 feet.
	(g) Reference meridian.
18.	A title block containing the following information shall be inserted on the plat:
	(a) Tract name.
	(b) Tax Map sheet.
	(c) Block and lot number.
	(d) Date.
	(e) Reference meridian.
	(f) Graphic scale.
	(g) Name and address of record owner or owners.
	(h) Name and address of subdivider.
	(i) Name and address of person who prepared map.
	(j) Acreage of tract to be subdivided, to nearest tenth of an acre.
19.	(Reserved)
20.	Sufficient elevations or contours at five foot intervals to determine the general slope and natural drainage of the land and the high and low points, and centerline profiles showing proposed finished grade for all proposed new streets.
21.	The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas and rock formations. Road plans shall show all pertinent information including but not limited to horizontal and vertical road alignment and the placement of all drainage facilities and structures.
22.	Plans of proposed utility layouts (sewer, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility system. Such plans must clearly show any connections to existing water and sewer systems. When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat.
23.	A copy of any protective covenants or deed restrictions applying to the land subdivided shall be submitted with the preliminary plat.
24.	Environmental impact statement, if required by the reviewing municipal body, in accordance with requirements determined by the Planning Board.
25.	When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. When a public sewage disposal system is not available, the developer shall have a percolation test made on each lot by an engineer licensed in the State of New Jersey, uniformly spaced, and submit the results, in writing, signed and sealed by the engineer, with the preliminary plat.
25a.	A stormwater management plan per Article V Section 30-139, Requirements for a Stormwater Control Plan [Added 12-19-2005 by Ord. No. 2005-004]
25b.	Recycling plan per Article III Section 30-123O, Recycling Plan [Added 7-16-2012 by Ord. No. 2012-005]
PLOT FOR FINAL MAJOR SUBDIVISION SHOULD CONTAIN THE FOLLOWING BASIC DATA:
26.	Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
27.	Tract boundaries lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines with accurate dimensions bearings, or deflection angles of all curves.
28.	The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
29.	Each block shall be numbered and the lots within each block shall be numbered in accordance with a system of numbers which will ultimately be the numbers shown on the Borough Tax Map.
30.	Minimum building setback line on all lots and other sites.
31.	Location and description of all monuments.
32.	Names of owners of adjoining unsubdivided land.
33.	Certification by engineer or surveyor as to accuracy of details.
34.	Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
35.	Approval of any application shall be conditioned on certification by the Somerset-Union County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of N.J.S.A. 4:24-39, et seq.
36.	Plans for water mains showing their exact locations; plans and profiles of storm and sanitary sewers.
37.	Certificate from Tax Collector that all taxes are paid to date.
38.	Restrictive covenant regarding underground utilities in accordance with the prevailing standards and practices of the utility or other companies providing such services.
39.	9. Scale shall be not less than one inch equals 100 feet and in compliance with the provisions of N.J.S. 46:23-9.9 et seq.
40.	(Reserved)
ADDITIONAL INFORMATION FOR MINOR SUBDIVISION AND MAJOR PRELIMINARY SUBDIVISION:
41.	Proof of transmittal of application to adjacent municipality of property within 200 feet of municipality.
42.	Proof of transmittal of application to the Commissioner of the Transportation if property adjacent to State highway.
43.	Proof of transmittal of application to New Jersey Department of Environmental Protection if stream encroachment permit is needed or sewer extension is required.
44.	Proof of transmittal of notice to State Planning Commission for development of property which exceeds 150 acres or 500 dwelling units.
45.	Proof of submission to Historic District Commission, if required.
46.	Proof of submission of application to Construction Official for soil removal permit, if required.
46a.	A stormwater management plan per Article V Section 30-139, Requirements for a Stormwater Control Plan [Added 12-19-2005 by Ord. No. 2005-004]

IF ANY ITEMS ARE UNANSWERED, EXPLAIN OR IF THEY ARE NOT APPLICABLE, INSERT N/A.

Person Preparing Checklist:

Dated:

§ 30-122 LETTERS REQUIRED PRIOR TO FINAL APPROVAL.

Prior to final approval, the Planning Board shall have received the following:

A letter from the applicant's engineer or surveyor containing a list of all items to be covered by a performance guaranty, cash or certified check, the quantities of each item, the cost of each of them and the total amount of all items.

A letter from the Borough Engineer stating that the required improvements have been installed to his satisfaction and in accordance with applicable Borough specifications and that the performance guaranty is adequate to cover the cost of remaining improvements.

A letter from the applicant engineer stating that the final plat conforms to the preliminary plat as submitted and approved.

§ 30-123 IMPROVEMENTS REQUIRED.

Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees for the ultimate installation of the following:

Streets. The subdivider shall, at his own expense, grade all streets for their full width, in conformity with the terrain and good engineering practices, shall have all underground utilities installed prior to any street paving constructions, shall construct adequate underground pipe drainage systems to carry off surface waters, shall construct streets in accordance with specifications shown below and shall submit plans, profiles, cross sections and design for the work, to the Borough Engineer for approval, prior to the start of any construction.

All streets shall have a minimum width of 50 feet between property lines unless shown on a Master Plan or Official Map to be of greater width.

Streets of 50 feet width shall be divided into a paved roadway area of 30 feet with a graded sidewalk area on each side of 10 feet. The crown of the paved roadway shall be not less than four inches nor more than six inches. The sidewalk area shall be graded to an elevation of two inches above the finished centerline grade.

Streets of width.

Except for those streets for which a lighter pavement may be approved by the Planning Board of the Borough of Millstone, the street roadway area shall be constructed for its full width with (a) a five inch compacted thickness of Bituminous Stabilized concrete, (b) tack coat, asphaltic oil applied at the rate of 0.10 gallons per square yard, and (c) a 1-1/2 inch compacted thickness surface course of hot mixed bituminous concrete type FABC-1. The Borough Engineer reserves the right to order the installation of 1-1/2" quarry blend stone and prime coat, if conditions warrant. The installation of the surface course shall not be performed until all irregularities and settlement of pavement have been corrected and approval is received from the Borough Engineer.

Where new streets meet existing pavements, where existing streets are to be improved, and when continuing a previously laid pavement, the edges of all existing pavements are to be neatly cut at a 45 degree angle along a straight line and the exposed edges shall be painted with a thin coat of asphaltic cement. The practice of "feathering" shall not be permitted.

All of the above construction shall be in accordance with current New Jersey State Department of Transportation Standard Specifications and supplements thereto on file in the office of the Borough Engineer.

Street signs. Regulatory and cautionary traffic signs shall be metal reflectorized meeting the requirements of the New Jersey State Department of Transportation standards. Street name signs shall show the intersecting street names in four directions. These signs shall be Lyle Series E, embossed with black lettering on a white background, or equal approved by the Borough Engineer. All signs shall be mounted on 2-1/2" diameter pipe posts embedded in a minimum of 2'-6" in class D (2500 PSI) concrete one foot square. Street name signs shall be located five feet above the proposed ground line to the bottom of the name plates.

Planting of shade trees in developments and subdivisions. Shade trees shall be spaced not more than 50 feet apart along streets in all subdivisions, five feet to 15 feet outside the right-of-way lines and shall not interfere with utilities. No shade trees shall be planted within 50 feet of intersecting street right-of-way lines. The Borough Council of the Borough of Millstone shall grant a waiver to the above only if there are trees growing along said streets or on abutting property near the street which are in compliance with or exceed the requirements of this Ordinance.

Such new trees to be provided shall be a species or variety from the following approved list, however, not more than 20% of any one species shall be planted in any subdivision requiring 10 trees or more.

Approved Species and Varieties:

Littleleaf European Linden (Villa Cordata)

Greenspire Linden (Tilia Cordata Greenspire)

Red Maple (Acer rubrum)

Scarlet Oak (Quercus coccinea)

Oak (Quercus palustris)

*Willow Oak (Quercus phellos)

Red Oak (Quercus borealla)

Bradford Callery Pear (Pyrus calleryana Bradford)

Sawinnih Zelkova (Zelkova serrata)

Village Green Zelkova (Zelkova serrata Village Green)

*Kwatzan Japanese Flowering Cherry (Prunus scrrulaia Kwanian)

*Chinese Dogwood (Corpus konsa)

Russian Olive (Elacagnus angustifolia)

Sweetgum (Liquidambar styracifiun)

*Smurgum (Nyssa Sylvatica)

Notes:

(Tilia Cordata Greenspire -- cordata is the species name; Greenspire is the variety.

(*) Spring Planting Only

Tree Size: Trees shall be not less than one and one-half inch caliper measured six inches above ground, nor less than 10 feet high.

Where utilized, Bradford Callery Pear, Kwanzan Japanese Flowering Cherry, Chinese Dogwood and Russian Olive shall be not less than one and one-quarter inch caliper measured six inches above ground, nor less than eight feet high.

All trees shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen. All trees shall be balled and burlapped, nursery-grown, not "collected stock".

Planting Time: Trees under the jurisdiction of the Borough Council shall not be planted between May 1st and October 15th without specific authorization, in writing, from the Borough Council.

Soil Excavations: The excavation must be not less than 12 inches wider and three inches deeper than is necessary to accommodate the ball of the tree. A seepage area shall be provided by loosening the soil to a depth of one foot below the excavation.

Planting: Trees shall be planted at the same depth as they were in the nursery. Planting soil shall be composed of one part peat moss and three parts topsoil thoroughly mixed. Each tree shall be watered in the day of planting with a minimum of five gallons of water.

Pruning: Trees shall be pruned after planting, or by the nurseryman at the time of digging, to balance top growth with roots and to preserve their natural character an shape. Pruning shall be restricted in general to the secondary branches and soft and sucker growth. The growing tip or leader is not to be pruned without authorization of the Borough Council.

Wrapping: All trees shall be wrapped from the ground to the first branches with six to 10 inch wide, eight ounce burlap or kraft tree wrap paper at the time of planting.

Mulching: All trees shall be mulched within three days of planting with wood chips, licorice root, ground corncobs or other suitable mulch material.

Staking and Guying: Trees shall be staked with at least one red or white cedar stake the same day of planting. Stakes shall be eight feet in height and not less than two inches in smallest diameter. Stakes are to be driven into the ground in a depth of 12 inches below the excavation. This should be done before setting the tree or, if after setting, in such a manner as not to injure the roots.

Trees shall be guyed to the stakes at a height of about five feet using No. 10 gauge galvanized steel wire in a piece or rubber hose. The wire shall be fastened to the stake in such a manner that the wire will not slip nor come in contact with the tree trunk. Guys broken (but not deliberately broken through vandalism) with a year of planting shall be replaced.

(10)

Removal of all Planting Debris: Removal of debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting practices.

(11)

Guarantee: Trees shall be guaranteed for one year for fall-planted and 13 months for spring-planted trees from date of acceptance by the Millstone Borough Council. The trees are to be alive and in a satisfactory growing condition as determined by the Borough Council at the end of the guarantee period.

Replacement will be made according to these same specifications and during the normal planting period. Replacements shall be subjected to the same guarantee and replacement as the original material. Said replacements shall be made within 60 days following written demand from the Borough Council or within such more extended period as may be authorized by the Borough Council.

In case of any questions regarding the condition and satisfactory establishment of a rejected plant, the Contractor may if approved by the Borough Council, allow such a plant to remain through another growing season at which time the rejected plant, if found to be dead, or in an unhealthy or badly impaired condition, shall be replaced.

Trees proven to be dead or unhealthy through vandalism of physical damage shall be voided from the contractor's guarantee of replacement.

(12)

Acceptance: The Borough Council shall have the right before, during and after planting to reject all or in part the trees in the development or subdivision, if in the Council's opinion it is in the best interest of the Borough of Millstone to do so.

Monuments. To be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statute.

Curbs. The Planning Board shall require among other conditions in the public interest, that the subdivider install curbs as a supplement to the pipe drainage and concrete sidewalks for the protection to persons. They shall be constructed in accordance with the "Standard Specifications for Road and Bridge Construction, 1961", of - hereinafter referred to as the "Standard Specifications" and the following standards:

Curb materials and standards.

Materials: Concrete shall be Class B 4500 psi, as specified in Article 4.1.2 of the Standards Specifications and shall be air-entrained.

Joint filler of the preformed bituminous cellular type shall conform to the requirements specified therefor in Art. 3.5.31 of the Standard Specifications.

Curing material of clear or translucent liquid compound shall conform to the requirements therefor specified in Art. 8.5.29 of the Standard Specifications.

Excavation and Backfill: The foundation for the curb and backfilling, shall be well compacted by means of flatfaced mechanical tampers or by other means approved by the Borough Engineer.

Driveways and Entrances: Curbs at driveways and entrances shall be depressed so that the top is two inches above the adjacent pavement or shoulder surface. The width of opening shall be approved by the Borough Engineer and in no case shall a single opening be wider than 20 feet for a residence or 40 feet for other uses.

Preparation and Placing: Preparation of the concrete shall be as specified in Art. 3.12.3 of the Standard Specifications except that the consistency shall be as specified in Art. 4.1.3 of the Standard Specifications.

Metal forms shall be used, except when wood forms are approved by the Borough Engineer, and shall be constructed to conform to the lines and grades established by the Plans, as approved, except that minor grade and line adjustments shall be permitted in the field with the prior approval of the Borough Engineer. The materials and methods used for lubricating the forms shall be such that will not discolor or stain the concrete. Forms shall be removed when the concrete has hardened sufficiently to be self-supporting yet in ample time to allow for finishing as hereinafter specified.

The concrete shall be tamped and spaded, or vibrated, so that the forms are completely filled, the concrete is thoroughly compacted and mortar is flushed to the face and top. The top and face shall be finished with a wood floor to an even, smooth and dense surface to form a neat and workmanlike appearance.

Joints: Expansion joints shall be provided at approximate equal distances of not more than 20 feet and shall filled with preformed bituminous cellular type joint filler, 1/2 inch thick, which shall be inset one-quarter inch from the top and face. Curb joints shall be neatly rounded to a one-quarter inch radius.

Curing: Concrete curbs shall be cured with clear or translucent liquid compound which shall be applied as soon as the concrete has been finished. The rate of application and workmanship shall in all ways agree with the "Curing" portion of the "Specifications for the Construction of Sidewalks."

Existing Curbing: Gradual transitions shall be constructed when changes in the size or shape of curbs occur in a continuous section.

Curbs: Unless otherwise required for arterial roads or by other regulatory agencies, concrete curb shall be not less than six inches thick at the top and eight inches at the bottom and 18 inches deep. The top corner on face of curb shall be rounded to a radius of 1/2 inch. Top of curb shall project six inches above finished road surface at curbline.

Sidewalks.

Materials: All sidewalk construction shall be of Portland Cement Concrete. Concrete shall be Class B, 4500 psi, as specified in Art. 4.1.2 of the Standard Specifications, and shall be air-entrained. The materials for concrete and the materials and methods used for air entrainment shall be as specified in Art. 3.12.2 of the aforementioned Standard Specifications and preformed bituminous cellular type and preformed bituminous type joint fillers shall conform to the requirements specified respectively therefor in Art. 8.5.31 of the same aforementioned Standard Specifications.

Subgrade: The subgrade for all sidewalks shall be constructed smooth and even and at the prescribed grade. It shall be compacted by not less than 3 passes of a tandem roller (3-1/2 -5 tons). Areas inaccessible to a roller shall be compacted by an approved flatfaced mechanical tamper acceptable to the Borough Engineer.

Base: All sidewalks shall have a 4-inch gravel or cinder base suitably compacted at the direction of the Borough Engineer. The base shall be dampened prior to placing of the concrete to prevent loss of water to the base and subgrade.

Measurements: All sidewalks shall not be less than five feet in width. Sidewalks shall consist of a monolithic course not less than four inches in thickness, excepting where driveways cross the sidewalk, in which case the course shall be six inches in thickness within the limits of the driveway. The minimum width of the six inch thick walk at driveway entrances shall be 10 feet.

Concrete Work: Preparation of the concrete shall be as specified in Art. 3.12.3 of the Standard Specifications. After being placed, the concrete shall be tamped, screened and finished to true grade and surface.

Joints: Transverse expansion joints 1/2 inch wide shall be provided at intervals of not more than 20 feet and filled with preformed bituminous cellular type joint filler. Longitudinal joints one-quarter inch wide, shall be provided between curbs and abutting sidewalks, and shall be filled with preformed bituminous type joint filler. The top of all joint filler material shall be one-quarter inch below the top of the sidewalk. Transverse surface grooves shall be cut into the sidewalk surface between expansion joints at intervals equal to the sidewalk width. All edges shall be neatly rounded with a one-quarter inch radius.

Curing: Sidewalks shall be cured with clear or translucent liquid compound which shall be applied as soon as the concrete has been finished. The compound shall be applied in one application at a minimum rate of one gallon per 200 square feet of surface and in a continuous uniform film. If the film becomes damaged in any way, the Contractor shall apply a new coat of material to the affected areas equal in curing value to that specified for the original coat. The treated surface shall be protected from all vehicular and pedestrian traffic for a period of at least two days.

Finishing: Sidewalks shall be finished with a slightly roughened surface using a wood float or broomed with a hair broom.

Top soil protection. No top soil shall be removed from the site or used as spoil. Top soil 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.

Sanitary sewer. If an approved sanitary sewerage system is not in existence, the Planning Board shall require that a dry line system for the collection of sanitary sewage be provided in all major subdivisions. A system for the collection, treatment and disposal of sanitary sewage will be required in all major subdivisions in which the number of lots exceeds 20, unless the Millstone Borough Council shall grant a waiver, in writing, to such requirement. The subdivider shall convey to the Borough of Millstone either such title to or easements across all lands shown on the final plat as dedicated to the Borough of Millstone for purposes considered by the Planning Board to be necessary for the operation and maintenance for either the dry line system or the complete collection, treatment and disposal system. All installations shall be constructed in accordance with plans approved by the Borough Engineer, and title to all the aforesaid installations shall be conveyed and dedicated to the Borough of Millstone immediately upon their installation and construction; provided, however, that the developer, prior to final acceptance shall provide and be responsible for one full year of proper and satisfactory maintenance thereof and provide such assurances and surety for the same as shall be required by the Borough Attorney. The sanitary sewerage system installed in any subdivision in the Borough of Millstone shall meet the following standards and specifications:

The design period for the estimated flow shall be a minimum of 25 years.

All sanitary sewers shall be designed to carry at least four times the estimated average flow.

The minimum size of sewers shall be eight inches.

Sewers shall be designed with such hydraulic slope as will give a mean velocity of not less than two feet per second when flowing full or half full.

Sewers and appurtenances will be constructed of materials approved by the Borough Engineer.

Manholes shall be provided at the ends of each sewer line and at intersections and at all changes in grade, size or alignment.

Distance between manholes shall not exceed 400 feet for sewers 15 inches or less in diameter; 600 feet for sewers greater than 18 inches in diameter.

A drop pipe shall be provided for lateral sewers entering manholes above the manhole invert wherever the difference in elevation is two feet or more.

Sewage treatment plants shall not be located less than 250 feet from any existing dwelling, and no dwelling shall be built in the subdivision within 250 feet from any existing treatment plant.

Treatment plants shall be placed above maximum flood levels and shall be accessible by adequate roads.

(10)

Sewage treatment plants shall be designed for average domestic flow of not less than 100 gallons per capita per day and for the anticipated flow 10 years after completion of construction.

(11)

The type of treatment plant and the treatment process shall be approved by the Borough Engineer.

(12)

The plans and specifications must have the approval of the New Jersey State Department of Health.

Electric and telephone. All electric and telephone utility lines shall be installed underground. The subdivider shall request the serving utility to install its distribution supply lines, services and street lighting supply facilities, underground in accordance with its specifications and with the provisions of the applicable Standard Terms and Conditions incorporated as a part of its Tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissions and shall submit to the Planning Board a written instrument from each serving utility which shall evidence its disposition of the request. The subdivider shall arrange with the utility for such underground installation. Provided, however, that lots which, in such subdivisions, abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved, may be supplied with the electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

Water mains. Water mains shall be installed in all subdivisions. Where the subdivision is accessible to a public water system, public water shall be used to service the subdivision. Where a public water system is not accessible, water mains shall be installed, unless waived by the Planning Board, in such a manner that the subdivision may be incorporated into a future water main system. Fire hydrants shall be installed in sufficient number to provide a hydrant within 500 feet of every lot in the subdivision as measured along the street line. The water mains and systems shall be installed in accordance with specifications approved by the Borough Engineer.

(Reserved)

[Deleted 12-19-2005 by Ord. No. 2005-04]

Street lighting. Street lighting facilities as approved by the Planning Board and the Borough Engineer shall be installed.

Inspections. All of the required improvements shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer's Engineer at least 48 hours prior to the start of construction. The developer's Engineer shall certify to the Borough Engineer when work is ready for inspection. No underground installations shall be covered until inspected and approved.

Recycling plan. New developments of multi-family residential units or commercial, institutional, or industrial properties shall require a recycling plan pursuant to N.J.S.A. 13:1E-99.13a and 99.16c.

[Added 7-16-2012 by Ord. No. 2012-005]

Any application to the Planning Board of the Borough of Millstone, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain, at a minimum, the following:

A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and,

Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal Recycling Coordinator.

Prior to the issuance of a Certificate of Occupancy by the Borough of Millstone, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.

Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Municipal Engineer.

Editor's Note: See also Section 30-15.1, Parking and Loading and Solid Waste Standards.

§ 30-124 INSPECTION FEES.

The subdivider shall agree to pay all reasonable engineering costs and fees incurred by the Borough in inspecting and approving plans, plots, land surveys, improvements, roads, utilities and the like involving the subdivision. Prior to the commencement of the installation of improvements within the subdivision, the subdivider shall pay to the Treasurer of the Borough of Millstone a sum equivalent to 5% of the cost of the improvements required for final acceptance by the Borough, which said costs shall be determined by the Borough Engineer and shall be certified by him to the Borough Council. Payment hereby required to be made shall be for the purpose of reimbursing the Borough of Millstone for all monies which it shall be required to expend for engineering and inspection fees incidental to the proposed subdivision. If the deposit shall not be sufficient, the subdivider shall submit payment for such additional amount prior to final acceptance of the improvements by the Borough, and in the event the estimated amount deposited is more than such cost and fees, the refund shall be made by the Borough Engineer to the subdivider for such excess.

§ 30-125 INSTALLATION OF IMPROVEMENTS PRIOR TO FINAL APPROVAL.

Bonding. Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified above under the supervision and inspection of the Borough Engineer, except that the Borough Council may accept a performance guaranty approved by the Planning Board and its Attorney in an amount equal to 120% of the estimated cost of the improvement, of which 10% of the total amount shall be in cash or a certified check, for the later installation of the following improvements only:

The final surface course of the street pavement.

Sidewalks.

Monuments.

Street signs.

Shade trees.

Utilities. The installation of underground utilities, if required by law, shall be a condition of the issuance of a certificate of occupancy for any building constructed on the lots of the subdivision. Applicant shall file with the Board a letter from the utilities verifying that such installation has been properly completed, with a copy to the Borough Construction Official.

Performance guaranty. The amount of the performance guaranty may be reduced or released in accordance with the provisions of N.J.S.A. 40:55D-53.

Performance bond. The Planning Board may require the applicant to post a performance bond as a condition of preliminary approval of a major subdivision when the Board finds that the imposition of the same is required to promote or protect the general health, safety and/or welfare of the neighborhood and/or community.

§ 30-126 MAINTENANCE GUARANTEE.

Prior to the acceptance by the Borough of Millstone of any improvement installed by the subdivider or developer, said subdivider shall file with the Borough of Millstone a maintenance guarantee sufficient in amount to cover the cost of maintaining the improvements for a minimum period of two years or longer, as shall be determined by the governing body, such amount to be estimated by the Borough Engineer. Such maintenance guarantee shall be a certified check returnable to the subdivider after full compliance or any other type of surety approved by the Borough Attorney. The maintenance guarantee shall be approved by the Borough Attorney as to form, sufficiency and execution.

§ 30-127 DESIGN STANDARDS.

The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.

General. The subdivision plat shall conform to design standards that will encourage good development patterns and the preservation of open space within the Borough. Where either or both an official map or master plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted master plan or official map shall be considered in approval of subdivision plats. Where no master plan or official map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with section 20 of Chapter 433 of the Laws of 1953 and shall be such as to lend themselves to the harmonious development of the Borough and enhance the public welfare in accordance with the following design standards.

Streets.

The arrangement of streets not shown on the master plan or official map shall be such as to provide for the appropriate extension of existing streets and will provide for proper future connection to adjoining undeveloped properties.

Minor streets shall be so designed as to discourage through traffic.

Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate.

The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

All streets 50 feet.

The right-of-way width for internal roads and alleys in multi-family, commercial and industrial development shall be determined on an individual basis, and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.

No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.

Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plans or Official Map or the street width requirements of this Ordinance shall be widened by dedication along one or both sides, as is most appropriate in the opinion of the Planning Board. If the subdivision abuts only one side of such a road, 1/2 of the efficient amount of right-of-way shall be dedicated, except in such cases as the Planning Board determines that the acquisition of the additional width on the opposite side of the street is unfeasible, unlikely, or undesirable because of location of existing buildings, tree growth, topographic conditions or other similar considerations. In such cases, the full amount of deficient right-of-way shall be dedicated.

Where the subdivision abuts both sides of an existing street, the entire street shall be improved to the Borough of Millstone specifications. Where the subdivision abuts one side of an existing street, 1/2 of the street shall be improved to the Borough of Millstone specifications.

Cul-de-sacs shall not be designed to exceed 1,500 feet in length, as measured between the right-of-way line of the street which it connects to the most distant point of the cul-de-sac and shall provide a turn around with a right-of-way radius of 60 feet and a curb radius of 50 feet. Whenever possible, the cul-de-sac shall be tangent to the right side of the street.

If the cul-de-sac is of a temporary nature, because of provision for future street extension, provision shall be made for reversion of the excess right-of-way to the adjoining property owners to notation on the final plat of the subdivision.

Intersections shall be as nearly at right angles as possible and in no case be less than 60 degrees. The minimum right distance of a minor or collector street approaching an intersection is 240 feet plus or minus five feet for each 2% of street gradient measured from the right-of-way line of the road being intersected along the centerline of the intersecting street. The minimum sight distance of a primary or arterial street approaching an intersection is 520 feet plus or minus 12 feet for each 2% of road gradient as measured from the centerline of the intersecting street along the centerline of the intersected street.

The block corners at intersections shall be rounded at the curb line with a curve having a minimum radius of not less than 30 feet for intersection angles, 80 degrees or greater or 40 feet for intersection angles less than 80 degrees.

A clear sight area in the form of a triangle shall be provided at all intersections of 150 feet along the centerline of the intersected street and 50 feet along the centerline of the intersecting street.

Multiple intersections involving more than two streets are prohibited.

T-intersections on opposite sides of a street shall be separated by at least 200 feet, as measured between the centerline.

(e)

The minimum distance between intersections along one side of any street shall not be less than 400 feet when measured between centerlines.

(8.1)

Horizontal alignment of streets shall be such that the minimum radius of curvature for minor or collector streets is 225 feet and 700 feet for primary streets. Reverse curves shall be joined by a tangent of not less than 100 feet for collector streets or of less than 500 feet for primary or arterial streets.

Vertical alignment of streets shall be such that the minimum gradient is not less than 0.75 percent and the maximum gradient is 6%, however, the maximum gradient restriction may be waived by the Borough Engineer in certain situations where a 6 percent gradient is impractical. All changes in gradients shall be accomplished gradually by means of a vertical, parabolic, curve. The minimum length of vertical curve for minor and collector streets shall be 50 feet up to a 4% algebraic difference of street gradient, for algebraic gradients differences between 4% and 8% it shall be 50 feet plus 50 feet for each 1% difference above 8% it shall be 250 feet plus 50 feet for each 2% difference. The minimum length of vertical curve for primary and arterial streets shall be 100 feet for algebraic street gradient differences up to 2% for algebraic street gradient differences between 2% and 10% it shall be 100 feet plus 100 feet for each 1% difference above 10% it shall be 900 feet plus 100 feet for each 2% difference.

(10)

No street name shall duplicate or nearly duplicate the name of any existing street in the Borough of Millstone. If a street is a continuation or extension of an existing street, the same name shall be used. All street names are subject to approval by the Borough of Millstone Planning Board.

(11)

All lots entering or abutting a primary or arterial street shall be provided with a suitable driveway area to provide a turnaround within the lot.

(12)

All driveways shall be paved between the curb line of the street to the right-of-way with concrete or bituminous concrete. Where sidewalks are installed, the paved portion of the driveway shall be from the street curb line to the sidewalk, this pavement shall be class B (4500 PSI) concrete.

Blocks.

Except in the industrial zone, no block shall be longer than 1,200 feet. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic.

In blocks over 1,000 feet long, pedestrian cross walks may be required in locations deemed necessary by the Planning Board. Such walk-way shall be 10 feet wide and be straight from street to street.

For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

Lots.

Lot dimensions and area shall not be less than the requirements of the zoning regulations.

Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in Section 30-127B. Double frontage lots shall be avoided except where essential to provide for separation of residential lots from arterial roads. A double frontage lot shall have no access onto the more highly traveled street.

Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

No trees in excess of three inch caliper shall be removed from the lots except those which must be removed to permit construction of dwellings, accessory structures and driveways.

Each lot shall be graded in a manner to insure that the lot will be adequately drained.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or other comparable physical circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

Residential lots fronting on arterial or primary streets shall be provided with 10% additional depth over that which would normally be required to meet the frontage and area requirements of the zoning regulations.

Wherever possible, the sideline of a lot shall be located opposite any street intersection.

Easements.

Public easements dedicated to the Borough of Millstone shall be provided for all natural drainage ways and all utility lines when such lines are not located in a street right-of-way. Wherever possible, easements shall be centered on property lines. Minimum easement widths shall be in accordance with the following list, however, greater widths may be required where deemed necessary by the Planning Board.

Sanitary Sewer	30 feet
Storm Drainage	20 feet
Utility (gas, electric, etc.)	20 feet

Natural drainage ways or open ditch easements shall be 20 feet on either side of the edge of water at normal stream flow or if the natural flood plain is greater, the easement shall extend to include the entire flood plain.

The Planning Board may require easements where they are deemed necessary for the development of adjacent properties. Such easements shall be in accordance with the list in paragraph E(1).

In such cases in which an easement extends into a lot for a distance wider than that which is restricted against building by the required yard space regulations of the zoning regulations, the Planning Board may require that the lot be enlarged to the degree necessary to provide a normal amount of building area for the zone in question.

Public use and service areas.

In large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.

Where a subdivision is traversed by a watercourse, drainage way, channel or street, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. The Planning Board may require the watercourse to be piped or riprap.

Natural features such as trees, brooks, hilltops, open spaces, and views shall be preserved whenever possible in designing any subdivision containing such features.

§ 30-128 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:

Required improvements. Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Planning Board shall require the applicant, as a condition of subdivision approval, 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.

Contributions. Contributions 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 Planning Board determines that properties outside the development will also be benefited by the improvement, such determination shall be made by the Planning Board in writing. Such resolution or determination of the Planning Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required, the Planning Board shall be guided by the rules and regulations specified in the zoning regulations of the Borough, this Ordinance and the Borough Master Plan. The Planning Board may be guided by counsel from the Planning Board Attorney, Engineer, any consultant and other qualified experts and Borough officials relative to the subject matter.

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

The Planning 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 Borough Council and a written resolution to that effect by the Borough Council has been transmitted to the Planning Board.

Methods of implementation.

Performance and maintenance guaranties. Where a performance or maintenance guaranty 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 Ordinance for other improvements.

Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as shall be required by this Ordinance or by the Planning Board, such agreement shall be approved as to form, sufficiency and execution by the Planning Board Attorney and, if required by the Borough Council, the Borough Attorney. The agreement shall specify the amount of cash contributions, if any, the method of payment, the relative timing of such payment and the obligation or obligations to be undertaken by the Borough.

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

Where another county or State agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Borough.

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

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

Cash contributions: methods of payment. Where a contribution is required by this Ordinance, such contribution shall be deposited with the Treasurer of the Borough with a copy of the applicant's transmittal letter forwarded to the Borough Council, the Borough Engineer and the Planning 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 Borough and may be used for general Borough purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators or grantees shall be liable to the Borough for any assessments for the purpose of installing any of the improvements for which such cash contribution was made.

Formula. Prorata formula for determining applicant's share of offtract improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

Streets: Circulation Improvements. For 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. For 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 and 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. For 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 deficiency 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.

Stormwater and Drainage Improvements. For 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, 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 Planning Board.