[Ord. No. 642; readopted
by Ord. No. 2020-1235]
Any development shall demonstrate conformance to design standards
that will encourage sound development patterns within the Borough.
Where either an Official Map or Master Plan has been adopted, the
development shall conform to the proposals and conditions shown thereon.
The streets, drainage rights-of-way, school sites, public parks and
playgrounds, scenic sites, historic sites and flood control basins
shown on the officially adopted Master Plan or Official Map shall
be considered in approval of development plans. In accordance with
good design practices, extreme deviations from rectangular lot shapes
and straight lot lines shall not be allowed unless approved in accordance
with the Municipal Land Use Law. All improvements shall be installed
and connected with existing facilities or installed in required locations
to enable future connections with approved systems or contemplated
systems and shall be adequate to handle all present and probable future
development.
Land which the Approving Authority finds to be in areas identified
in the Natural Resources Inventory as having severe or moderate soil
characteristics particularly as the land relates to flooding, improper
drainage, sleep slopes, rock formations, soil conditions, adverse
topography, utility easements, or other features which can reasonably
be expected to be harmful to the health, safety and general welfare
of the present or future inhabitants of the development, and/or its
surrounding areas, shall not be subdivided and site plans shall not
be approved unless adequate and acceptable methods are formulated
by the developer to solve the problems by methods meeting this ordinance
and all other regulations.
Whenever a development abuts or crosses a municipal boundary,
access to those lots within this Borough shall be from within this
Borough as a general rule. Whenever access to a development is required
across land in an adjoining community as the exception, the Approving
Authority may require documentation that such access is legally established,
and that the access road is adequately improved.
The proposed name of the development shall not duplicate, or
too closely approximate, the name of any other development in this
Borough. The Approving Authority shall have final authority to designate
the name of the development which shall be determined at the sketch
plat stage.
Prior to final approval, the subdivider shall have installed
or shall have furnished performance guarantees for the completion
of the following improvements:
a.
Excavation and Embankment.
1.
Description. Excavation and embankment shall consist of grading the
full width of the right-of-way in conformity with the specifications,
accurately to approved line and grade. Grading shall include clearing
and grubbing, removal of obstructions, excavating, forming embankments,
shaping and sloping, compacting, and all other work that may be necessary
to bring the roadway and its side slopes to the required grade, alignment
and cross sections. Grading of all intersections (roadway, driveways
and approaches) and adjacent properly to the limit of the slope lines
is included in this section.
2.
Clearing and Grubbing. The developer shall remove and dispose of
all trees, stumps, roots, brush, weeds, etc., and fill the holes with
suitable material and thoroughly compact the same. Disposal by burning
shall be permitted only with the express permission of the Fire Marshal.
Culverts shall be cleaned and cleared of obstructions. All branches
of trees which hang within sixteen (16') feet of the surface of the
roadway shall be removed.
3.
Roadway Excavation. Roadway excavation shall include the removal
and satisfactory disposal of all materials taken from within the limits
of the work that are necessary for the construction and preparation
of the roadbed, embankment, subgrade, shoulders, slopes, side ditches,
drainage structures, trenches, waterways, intersections, approaches
and private entrances, as indicated or directed. All suitable materials
removed from the excavations shall be used as far as practicable in
the formation of the embankment, subgrade and shoulders, and at such
other places as directed. Ditches and waterways shall be excavated
to the depth and width shown on plans, or as may be indicated or directed
by the Borough Engineer. During the construction of the roadway the
roadbed shall be maintained in such condition that it will be well
drained at all times.
4.
Embankments. Embankments shall be formed of suitable material placed
in successive layers of not more than six (6") inches in depth for
the full width of the cross section commencing on a subgrade approved
by the Borough Engineer, and shall be compacted by approved mechanical
equipment and by distributing the necessary hauling uniformly over
each succeeding layer. Stumps, trees, rubbish and/or unsuitable material
or substance shall not be placed
5.
Borrow Excavation. When embankment from "off-site" is required, sufficient
suitable material shall be obtained by the developer from borrow pits
located beyond the limits of the work. This material, known as "Borrow,"
shall be of a quality satisfactory for the purpose for which it is
required, and it shall be approved by the Borough Engineer. Borrow
will include the furnishing, removal, placing and satisfactory compaction
of the additional material necessary to complete the embankments,
subgrade and shoulders.
6.
Formation of Subgrade. The bottom of the excavation of the box to
receive the pavement surface shall be true to line, grade and cross-section
established or indicated on approved drawings. After all drains and
drainage structures have been installed and the subgrade has been
shaped and compacted, it shall be brought to a firm unyielding surface
by rolling the entire area with an approved three wheel power roller
weighing not less than ten tons. Any areas which are soft and yielding
or which will not compact readily when rolled or tamped shall be removed.
All loose rock or boulders found in the earth excavation shall be
removed or broken off to a depth of not less than six (6") inches
below the surface of the subgrade. All holes or depressions made by
the removal of material shall be filled with suitable material and
the whole surface compacted uniformly.
If the surface of a present roadway conforms approximately to
the surface of the finished subgrade, it shall be scarified or rooted
to a uniform depth for the full width of the paved surface sufficient
to eliminate all depressions and irregularities and to permit uniform
reshaping. When necessary, additional approved material shall be added
to bring the subgrade to the desired elevation and cross section,
and the whole shall be rolled as previously specified, until thoroughly
compacted. Sod roots and other objectionable material shall not be
used in forming the subgrade.
7.
Protection of Subgrade. All ditches and drains shall be completed
before placing any pavement construction material. The developer shall
protect the subgrade and keep it drained at all times. Neither foundation
nor surfacing material shall be deposited on the subgrade until the
subgrade has been checked and approved by the Borough Engineer.
8.
Slopes. Slopes in embankment and excavation shall be formed with
a slope not steeper than one unit vertically to two units horizontally,
unless otherwise directed by the Borough Engineer.
9.
Miscellaneous Structures. The developer shall install underdrains,
storm water drains, manholes, inlets, catch basins, gutters, curb
and headers, rubble walls, headwalls and culverts, monuments, guard
fence, pipe railing, street signs and sidewalks or any other miscellaneous
structures required on the approved drawings. The work shall be done
in accordance with the current specifications of the New Jersey State
Department of Transportation (Highways).
Storm water drains shall be installed to conduct the drainage
along or across the right-of-way. Inlets, basins, manholes, culverts,
and headwalls shall be installed in accordance with the approved plans.
Curbing shall be installed on all streets and intersections.
Metal street signs on metal posts set in concrete foundations
shall be installed at street intersection as directed by the Borough
Engineer. There shall be at least one street sign furnished at "T"
intersections and one additional street sign for each additional intersecting
street.
b.
Street Widths. Pursuant to the Master Plan, the required widths for
design types shall be as follows:
|
Design Type
|
R.O.W. Width
|
Moving Lanes
|
Paving Width
|
|---|---|---|---|
|
Regional arterials
|
110'
|
Design Specs.
|
per N.J.D.O.T.
|
|
Minor arterials
|
80'
|
2 each 12' wide
|
48'
|
|
Primary collectors
|
70'
|
2 each 12' wide
|
36'
|
|
Secondary Collectors
|
60'
|
2 each 12' wide
|
30'
|
|
Local streets
|
50'
|
2 each 12' wide
|
30'
|
c.
Street Pavement
1.
Foundation Course. The foundation course shall be a minimum compacted
thickness of four (4") inches and shall be constructed of 4" Type
5 Class A road stone or 4" of dense graded aggregate, as may be approved
by the Borough Engineer. The width of pavement shall be thirty (30')
feet or wider as required by the Approving Authority. The method of
construction will be in accordance with then current New Jersey State
Department of Transportation Specifications.
2.
Prime Coat; Base Course; Top Course; There shall be a minimum for
(4") bituminous stabilized base course HMA 19M64 and a two (2") inch
HMA 9.5M64 top course. The base course shall be cleaned and tack coated
prior to placement of the top course, and the top course shall not
be placed until the Borough Engineer has approved the base course
and has approved the placement of the top course.
At any time during construction, and in any event prior to acceptance
of the completed roadway, core samplings, in areas selected by the
Borough Engineer, shall be submitted by the developer to show compliance
with this Article and with the plans as finally approved.
A minimum of five cores shall be taken for each 10,000 S.Y.
of bituminous concrete surface or stabilized base course. In all cases,
a minimum of five pavement samples shall be taken for each bituminous
concrete course. Pavement construction required by site plan approval
will normally be exempted from required pave sampling.
A discretion of the Borough of Engineer, a NJDOT rideability
test may be required prior to acceptance of improvements at cost of
the Applicant.
Every street shall have curbing, being concrete curbing eight
(8") inches thick and twenty (20") inches deep having a curb face
of seven (7") inches and shall be constructed in accordance with the
then current New Jersey State Department of Transportation Specifications.
The height of depressed curb shall be one and one-half (1-1/2") inches
above the gutter grade. All concrete curbing shall have a curing compound
applied and sealing agent applied.
Every street shall have concrete walks four (4") feet wide,
four (4") inches thick, six (6") inches thick at driveways, with six
(6") inch concrete or bituminous concrete apron, placed one (1") foot
from the property line. Sidewalks shall be provided with score joints
and expansion joints and shall be constructed with then current New
Jersey State Department of Transportation Specifications. All concrete
sidewalks shall have a curing compound applied and sealing agent applied.
a.
Storm sewers shall be designed in accordance with accepted engineering
practices and be subject to the approval of the Borough Engineer.
b.
Pipes shall be considered "flowing full" at maximum capacity.
c.
The minimum design velocities at the flowing full condition shall
be a minimum of 3 fps and maximum of 15 fps. Drainage inlets are to
have a concrete invert with pipes cut flush with walls. Inlets shall
be self-cleaning under low flow conditions.
d.
All transitions in slope, horizontal direction, and change in pipe
size shall be confined to manholes, catch basins or similar accessible
structures.
e.
All stormwater improvements are subject to compliance with NJDEP
and NJDOT standards.
f.
All stormwater improvements installed by entity other than Borough
or Sewer Authority will be required to mandrel test line (7.5%) and
video inspect line prior to Borough Engineer accepting improvements.
g.
Stormwater improvements will be required to be added to NJDEP MS4
GIS online mapping tool if required by Borough Engineer or Department
of Public Works prior to final approval of site.
Provision shall be made for sanitary sewage in an approved sanitary
sewer system and treatment facility, and shall be adequate for all
present and probable future development.
Sanitary sewers shall be installed and connected in accordance
with requirements of the Borough Engineer.
Sanitary sewer main and lateral installed by entity other than
Borough or Sewer Authority will be required to pressure test line,
mandrel test line (7.5%) and video inspect line prior to Borough Engineer
accepting improvements.
Sanitary sewer shall be subject to standards established by
NJDEP and NJDOT and/or Sewer Authority.
Utilities shall be installed in accordance with the rules and
regulations of the Public Utility Commission and the utility corporations
involved.
All utilities within a subdivision containing three or more
lots shall be installed underground in accordance with sound installation
practices and the requirements of the Public Utility Commission regulating
underground installations; provided, however, that this requirement
may be waived by the Approving Authority in particular circumstances
and for special reasons in subdivisions of less than 20 lots.
Appropriate street lighting shall be installed where designated
by the Mayor and Council.
Monuments of the size and shape required by Chapter 141 of the
Laws of New Jersey of 1960, as amended and supplemented, shall be
placed in accordance with said statute.
No topsoil shall be removed from the site or used as spoil.
Topsoil moved during the course of construction shall be redistributed
so as to provide at least four inches of cover to all areas of the
subdivision and shall be stabilized by seeding or planting. See also
Article 4 of this Ordinance.
Shade tree shall be planted on each side of every street at
intervals of approximately 50 feet and shall be size 1-3/4" to 2"
and of the following types: European or Silver Linden; London or Oriental
Plane; Norway or Sugar Maple; Red, Pin, Black, Chestnut or Scarlet
Oak The type of tree to be planted will subject to adjustment based
on latest planting recommendations by New Jersey Department of Environmental
Protection or authority agency accepted by the Borough or Borough
Engineer.
The proposed system of water supply shall be shown.
All work shall be done in conformance with the current construction
standards of the Borough of Manville or, in lieu thereof, the current
edition of the New Jersey State Highway Department, Standard Specifications
for Road and Bridge Construction, 2019, with amendments and revisions
thereto, and with the New Jersey Department of Transportation standard
construction details. This applies to construction completed on private
property and within the public right of way.
Minimum concrete strength permitted for construction within
Borough of Manville shall be 4,500 PSI air-entrained concrete. This
applies to construction completed on private property and within the
public right of way. Exemption from requirement can be considered
by Borough Engineer and/or Department of Public Works.
Before final approval of a subdivision or site plan the Approving
Authority may require, in accordance with the standards of this Ordinance
and an adopted Circulation Plan and Facilities and Open Space Plan,
the installation or the furnishing of a performance guarantee in lieu
thereof, of any or all of the following off-site and off-tract improvements
which are necessary or appropriate for the protection of the public
interest by reason of the development's effect on land other than
the developer's property: street improvements, water system, sewerage,
drainage facilities and easements therefore.
a.
In cases in which a development has no direct access to a public
street, improved and meeting the standards of N.J.S.A. 40:55D-34 and
N.J.S.A. 40:55D-35, or in which it has no direct access to a public
sanitary sewer, the Approving Authority may nevertheless grant final
plat approval, if otherwise meeting the requirements of this Ordinance,
if the developer shall acquire, improve and dedicate to the Borough
such street or sanitary sewer connection between the development and
an existing improved public street or sanitary sewer, as the case
may be, as shall be approved by the Approving Authority and the Mayor
and Council. Such off-site and off-tract connections shall be subject
to the provisions of this Article as if they were required improvements
for the development. The dedication thereof shall be subject to approval
of the Borough Attorney as to form. The provisions of this section
shall be applicable only upon the request and with the consent of
the developer.
b.
In cases in which surface or other drainage waters are to be diverted
from the proposed development into other drainage facilities, ditches
or stormwater systems or onto other lands or onto any streets or roadways,
and it appears that such off-site and off-tract facilities are not
adequate to accommodate the additional waters from the site of the
developer or the volume in which the waters from the site of the developer
will be discharged, or that the changes in grade on-site or diversion
of surface waters therefrom will be likely to cause damages to other
properties or facilities, so that provision is required to extend
or enlarge or create publicly controlled drainage facilities off-site
or off-tract, and the need for such additional, enlarged and/or new
off-site and off-tract facilities is occasioned by the needs of the
developer and the proposed development, and that the costs of each
additional, enlarged or new facilities will not be an unreasonable
burden upon the developer if borne solely by the developer in the
light of the relationship of such costs to the entire project of the
developer, the Approving Authority may nevertheless grant final approval
if the developer shall acquire, improve and dedicate to the Borough
such enlarged, additional or new drainage facilities, as the case
may be, as shall be approved by the Approving Authority and Mayor
and Council. Such off-site and off-tract drainage improvements shall
be subject to the provisions of this Article, as if they were required
improvements within the development. The dedication thereof shall
be subject to the approval of the Borough Attorney as to form. In
lieu of the developer's performing such off-site and off-tract drainage
work, the developer and the Mayor and Council may enter into an agreement
for such work to be performed by the Borough or its contractors at
the costs of the developer. The provisions of this section shall be
applicable only upon the request and with the consent of the developer.
c.
Where the Approving Authority shall determine that off-site and off-tract
improvements would be essential to the development, as set forth in
paragraphs a and/or b, above, so that the development cannot proceed
without such off-site and off-tract improvements being made as part
of the development, and the developer does not request and consent
as above set forth, the application shall be denied, without prejudice
to a future application at such time as the conditions which would
make off-site and off-tract improvements essential no longer apply.
Where the Approving Authority finds that off-site and off-tract improvements would be advisable and would promote the objectives of this Ordinance and that the same can be most appropriately accomplished in connection with the development, but that said off-site and off-tract improvements are not essential to the development as set forth in either subsection 30-703.1a or b, above, and particularly where the off-site and off-tract improvements would be required to be made as a local improvement by the Borough, with the costs thereof to be assessed against all properties (including the property of the developer) specially benefited thereby, then the provisions of this subsection 30-703.2 shall apply, as follows:
a.
At such time during the processing of the development application
as the desirability of such off-site and off-tract improvements shall
become apparent to the Approving Authority, but in no event beyond
the time for the action on the preliminary plat, the Approving Authority
shall refer the matter of off-site and off-tract improvements to the
Mayor and Council, with recommendations to the Mayor and Council with
regard thereto.
b.
If the Mayor and Council agree that the matter should be considered,
then the Borough Engineer or other authority retained by the Mayor
and Council for such purpose shall determine the nature of the off-site
and off-tract improvements required or likely to be required in the
area, including:
c.
Said Engineer or other authority shall determine the total estimated
costs of such estimated work, including all costs which would be included
in any local improvements ordinance which said Borough would be authorized
to adopt for said project, and including construction costs, engineering
costs, costs of any easement or right-of-way acquisition, legal and
advertising costs, contingencies and bonding and assessment costs,
and costs of temporary financing.
d.
Said Engineer or other authority shall further determine, from the
nature of the area and the nature of the work and estimated costs,
the anticipated amount that the lands of the developer would be expected
to be assessed under local improvement procedures pursuant to N.J.S.A.
40:58-21 et seq., as the same may be amended and supplemented from
time to time.
e.
The Engineer or other authority shall report to the Mayor and Council
the scope of the recommended project, the estimated total costs, as
computed under paragraph c above, and the estimated share of the developer,
as computer under paragraph d above.
f.
Based upon the report of the Engineer or other authority as aforesaid,
and the recommendation of the Approving Authority, the Mayor and Council
shall determine whether to undertake such off-site and off-tract improvements
or portions thereof as a local improvement, the cost of which will
be specially assessed against properties specially benefited thereby
in proportion to and not in excess of the benefits received pursuant
to Chapter 56, Title 40 of the Revised Statutes of New Jersey.
g.
If the determination of the Mayor and Council shall be that it will
not adopt such ordinance for the making of such improvements as a
local improvement, the final development layout shall be designed
accordingly, and the Approving Authority shall base its further proceedings
upon such determination.
h.
If the determination of the Mayor and Council shall be to proceed
to adopt such local improvement ordinance, it shall proceed in the
following manner:
1.
If sufficient Borough funds are available to the initial appropriation
required for said ordinance, the Mayor and Council may proceed to
appropriate such funds and adopt such ordinance, an all subsequent
proceedings for the making and for the assessment of the costs of
the off-site and off-tract improvements shall be in accordance with
such ordinance and the aforesaid statutes of New Jersey, and the final
development layout shall be compatible with the off-site and off-tract
improvements and the Approving Authority shall proceed accordingly.
2.
If sufficient Borough funds are not available for the initial appropriation
required for said ordinance, the Mayor and Council may determine the
anticipated amount that the lands of the developer would be expected
to be assessed, accepting the recommendation of the Borough Engineer,
or other authority under paragraph d above, or making its own determination
as to such estimated amount.
(a)
The amount so determined by the Mayor and Council shall then
be deposited by the developer with the Borough Treasurer prior to
final approval of the development and prior to introduction of such
local improvement ordinance.
(b)
Such deposit shall be made concurrent with an agreement between
the developer and the Borough concerning the uses of same, which shall
include the following stipulations; that said funds shall be used
by the Borough solely for the construction of such off-site and off-tract
improvements as specified in said agreement and for the other expenses
incidental thereto, as more particularly set forth in paragraph c
above, and the acquisition of any easements or rights-of-way in connection
therewith; that such deposit may be appropriated by the Borough, with
other funds of the Borough, toward the accomplishment of such purposes,
and in that connection may be co-mingled with such other funds so
appropriated and may be extended by the Borough in connection with
such purposes; that if such deposit is not used by the Borough within
a specified time agreed upon by the developer, said funds shall be
returned to the developer, that upon completion of the work by the
Borough or its contractors, the properties specially benefited by
such improvement shall be assessed as provided by law, including the
property of developer; that such deposit of developer shall be credited
against the assessment made upon developer's property (whether or
not developer is then the owner thereof), and that is such deposit
shall have been less than the amount ultimately assessed and confirmed
against such property, then the then owner or owners of said property
shall pay the difference between the deposit and such assessment,
or if the deposit shall exceed the amount so assessed and confirmed,
the excess shall be refunded to the developer, without interest.
3.
In any case where, although the off-site and off-tract improvements may not be found to be the type of essential off-site and off-tract improvements as defined in subsection 30-703.1a or b hereof, said off-site and off-tract improvements are found by the Approving Authority to be advisable and important to the sound development of the site, and the Mayor and Council has concurred in said findings and has determined to proceed in accordance with paragraph h hereof, particularly paragraphs h. 2(a) and (b) above, but the developer is unwilling to make such deposit as specified thereunder, then and in that event there shall be no final approval of said development until funds become available for the initial appropriation required to adopt the local improvement ordinance. The determination of priority of Borough funds and availability thereof for such appropriation is a legislative function of the Mayor and Council.
4.
The determination of the availability of Borough funds for appropriation
to a local improvement ordinance shall be in the sole discretion of
the Mayor and Council.
i.
The determination of the Mayor and Council as to whether to proceed
toward the adoption of a local improvement ordinance under paragraph
g or h, above shall be made as soon as practicable after referral
by the Approving Authority, but in any case the Mayor and Council
shall make such determination within 40 days after the referral and
recommendation of the Approving Authority, unless such time shall
be extended by the consent of the developer. If no such determination
shall be made within such 40 day period of within such time as extended,
the Approving Authority may proceed as if the Mayor and Council had
determined that it would not adopt such local improvement ordinance.
[Ord. No. 95-840]
Applicants shall be required, as a condition for approval of
any "development application", including a subdivision, site plan
or conditional use, to pay their pro rata share of the cost of providing
reasonable and necessary street improvements and/or water, sewerage
and drainage facility improvements, and any necessary easements therefor,
located outside the property limits of the subject premises, but necessitated
or required by construction or improvements within such subdivision
or development. The following criteria shall be utilized in determining
the developer's proportionate pro rata monetary share for the necessary
off-tract developments.
[Ord. No. 95-840]
In cases where the need for an off-tract improvement is created
by the proposed subdivision or development application and where no
other property owners receive a special benefit thereby (as opposed
to a mere incidental benefit), the applicant may be required, as a
condition of approval and at the applicant's sole expense, to acquire
and/or improve lands outside the tract and dedicate such lands to
the Borough of Manville or Somerset County or, in lieu thereof, require
the subdivider or developer to deposit with the Borough a sum of money
sufficient to allow the Borough to acquire and/or improve such lands
on conditions it may deem appropriate under the circumstances.
In cases where the need for any off-tract improvement to be
implemented now or in the future is necessitated by the proposed development
application, and where it is determined that properties outside the
development will also be benefited by the improvement, the following
criteria, together with the provisions or rules and regulations of
the Borough of Manville or any department thereof, may be utilized
in determining the developer's proportionate share of such improvements:
a.
SANITARY SEWERS. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation or replacement of the appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
1.
The capacity and the design of the sanitary sewer system shall be
based on the Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey State Department of Environmental
Protection, and all Borough of Manville sewer design standards, including
infiltration standards.
2.
Developer's pro rata share:
(a)
The capacity of the existing system to serve the entire improved
drainage area shall be computed. If the system is able to carry the
total development drainage basin, no improvement or enlargement cost
will be assigned to the developer although some charges, including,
but not limited to, capacity charges may be imposed. If the existing
system does not have adequate capacity for the total development drainage
basin, the pro-rated enlargement or improvement share shall be computed
as follows:
Developer's Cost/Total Enlargement or Improvement Cost = Development
gpd/Total Tributary gpd
(b)
If it is necessary to construct a new system in order to develop
the subdivision or development, the pro-rated enlargement share to
the developer shall be computed as follows:
Developer's Cost/Total Project Cost = Development Tributary
gpd/Total Tributary gpd to New System
(c)
The plans for the improved system or the extended system shall
be prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Borough Engineer.
b.
ROADWAYS. For street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
1.
The applicant's engineer shall provide the Borough Engineer with
the existing and anticipated peak-hour volumes which impact the off-tract
areas in question, which volumes shall analyze pedestrian, bicycle
and motor vehicle traffic.
2.
The applicant shall furnish a plan for the proposed off-tract improvements,
which shall include the estimated peak-hour traffic generated by the
proposed development. The ratio of the peak-hour traffic generated
by the proposed development to the future peak-hour traffic shall
form the basis of the proportionate share. The pro-rated share shall
be computed as follows:
Developer's Cost/Total Cost of Roadway Improvement and/or Extension
= Additional Peak-Hour Traffic Generated by the Development/Future
Total Peak-Hour Traffic
c.
DRAINAGE IMPROVEMENTS. For the storm water and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
1.
The capacity and design of the drainage system to accommodate storm
water runoff shall be based on a method described in Urban Hydrology
for Small Watershed, Technical Release 55, Soil Conservation Service'
USDA, January 1975, as amended, and shall be computed by the developer's
engineer and approved by the Borough Engineer.
2.
The capacity of the enlarged, extended or improved system required
for the subdivision or development and areas outside of the subdivision
or development shall be computed by the developer's engineer and be
subject to the approval of the Borough Engineer. The plans for the
improved system shall be prepared by the developer's engineer and
the estimated cost of the enlarged system shall be calculated by the
Borough Engineer. The pro-rated share for the proposed improvement
shall be computed as follows:
[Ord. No. 95-840]
|
Developer's Cost/Total Enlargement or Improvement Cost of Drainage
Facilities = Development cfs/Total Tributary cfs
|
[Ord. WO. 95-840]
Where the proposed off-tract improvement is to be undertaken
at a future date, funds required for the improvement shall be deposited
to the credit of the Borough of Manville in a separate account until
such time as the improvement is constructed. In lieu of a cash escrow
account, developers may present irrevocable letters of credit for
the term required in a form acceptable to the Borough Attorney. If
the off-tract improvement is not begun within 10 years of the deposit,
all monies and interest shall be returned to the applicant or the
letter of credit, as the case may be, surrendered. An off-tract improvement
shall be considered "begun" if the Borough of Manville has taken legal
steps to provide for the design and financing of such improvements.
[Ord. No. 95-840]
a.
Where applications for development suggest the need for off-tract
improvements, whether to be installed in conjunction with development
in question or otherwise, the Planning Board shall forthwith forward
to the Borough Council a list and description of all such improvements
together with a request that the Borough Council determine and advise
the Board of the procedure to be followed in construction or installation
thereof, including timing. The Board shall defer final action upon
the subdivision or site plan unless receipt of the Borough Council's
determination or the expiration of 45 days after the forwarding of
such list and description to the Borough Council without determination
having been made, whichever comes sooner.
b.
The Borough Council, within 45 days after receipt of the list and
description, shall determine and advise the Planning Board concerning
the procedure to be followed and advise the Board with regard to suggested
conditions of approval, if any, to adequately protect the municipality.
c.
In the event that the Planning Board is required by statute to act
upon the application prior to receipt of the Borough Council's determination
as to construction of off-tract improvements, it shall request the
applicant to consent to an extension of time within which to act,
of sufficient duration to enable the Borough Council to make the aforesaid
determination. In the event that the applicant is unwilling to consent
to the requested extension of time, the Planning Board shall in its
discretion, either itself determine the procedure to be followed in
constructing the aforesaid improvements, or shall condition its approval
upon the subsequent determination of the Borough Council.
[Ord. No. 95-840]
a.
In all cases, developers shall be required to enter into an agreement
or agreements with the Borough of Manville in regard to off-tract
improvements, in accordance with this chapter and any other ordinances,
policies, rules and regulations of the Borough of Manville, Somerset
County and the State of New Jersey and any departments, authorities
or agencies thereof.
b.
Where properties outside the subject tract will be benefited by the improvements, the Borough Council may require the applicant to escrow sufficient funds, in accordance with subsection 30-703.6, Escrow Accounts, hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
c.
Where properties outside the subject will benefit by the improvements,
the Borough Council may determine that the improvement or improvements
are to be installed by the municipality as a general improvement,
the cost of which is to be borne as a general expense. If the Borough
Council shall determine that the improvement or improvements shall
be constructed or installed as a general improvement or general improvements,
the Borough Council may direct the Planning Board to estimate, with
the aid of the Borough Engineer or such other persons who have pertinent
information or expertise, the amount, if any, by which the total cost
thereof will exceed the total amount by which all properties, including
the subject tract, will be specifically benefited thereby, and the
subdivider or developer shall be liable to the municipality for such
expense.
d.
If the Borough Council shall determine that the improvement or improvements
shall be constructed or installed as a local improvement, all or a
part of the cost of which is to be assessed against properties benefited
thereby in proportion to the benefits conferred by the improvements
in accordance with Chapter 56 of Title 40 of the Statutes of the State
of New Jersey, the developer may be required to sign an agreement
acknowledging and agreeing to this procedure and, in addition, the
Borough Council may require that the developer shall be liable to
the municipality, in addition to the amount of any special assessments
against the subject property for benefits conferred by the improvement
or improvements, the difference between the total amount by which
all properties, including the subject tract, are specially benefited
by the improvement as the same may be determined by the Tax Assessors.
e.
If the Borough Council shall determine that the improvements are
to be constructed or installed by the applicant, such agreement may
contain provisions, consistent with the standards in this chapter
and any other rules, regulations or policies of the Borough of Manville,
County of Somerset and the State of New Jersey and any departments,
authorities and agencies thereof with jurisdiction therein, whereby
the applicant shall be reimbursed by the municipality or otherwise,
as a result of any participation fees, connection charges, charges
paid in regard to developer's agreements with other applicants and
the like, all in accordance with an agreement between the Borough
Council and the applicant.
f.
In determining the procedure to be followed in the event of the submission
of a list and request from the Planning Board, the Borough Council
shall be guided by the following standards and considerations:
1.
The local trends in regard to the probability of development within
the drainage or circulation area in question and the intensity of
such development;
2.
The risk and exposure that neighboring areas are subject to in the
event that the improvements to be required are delayed;
3.
The extent to which temporary measures may sufficiently alleviate
the condition or conditions requiring the off-tract improvement and
the likelihood that larger, regional or subregional facilities will
be required in the future to serve the development tract and the general
area of the municipality in which the same is located; and
4.
The extent to which the health, safety and welfare of the residents,
both current and future, depend upon the immediate implementation
of the off-tract improvement.
Flood plain and conservation easements shall be indicated on
the preliminary and final plats and shown in such a manner that their
boundaries can be accurately determined.
The removal of trees and ground cover shall be prohibited in
a conservation easement or flood plain except for the following purposes:
the removal of deed or diseased trees; limited thinning of trees and
growth to encourage the most desirable growth; and the removal of
trees to allow for structures designed to impounds water or in areas
to be flooded in the creation of ponds or lakes.
The boundary line of any easement shall be monumented at its
intersection with all existing or proposed street lines. Such easement
dedication shall be expressed on the plat as follows; "________ easement
granted to the Borough of Manville as provided for in the Land Development
Ordinance of the Borough of Manville."
Whenever the internal grading of a lot is part of the design
of the drainage or storm water system, as by swale, berm, or other
topographical feature designed to intercept or direct waters, the
same shall be designated as an easement on the map to be filled, or
shall be dedicated by recorded instrument, in such a way as to give
notice to future owners of said property and to insure continued maintenance
of such drainage feature.
Easement width shall be as recommended by the Borough Engineer,
and may involve both permanent and temporary areas. As a general rule,
no permanent drainage easement shall be less than twenty (20") feet
in width, subject to minimum recommendations by NJDOT and NJDEP.
Where storm drains, sewers, utilities or any other rights-of-way
or easements are to be located on lands within the subdivision other
than within the roads to be dedicated to the public, said easements
and rights-of-way shall be shown upon the plats, and, in addition
thereto, shall be described in a separate instrument, approved by
the Borough Attorney, to be recorded setting forth the terms thereof.
Lots shall conform to the requirements of the Zoning Ordinance,
and insofar as is practical side lot lines shall be either at right
angles or radial to street lines.
Each lot must front upon an approved public street, which street
right-of-way is at least fifty (50') feet in width. Through lots with
frontage on two streets, will be permitted only under the following
conditions:
a.
Where the lot abuts an arterial or collector street;
b.
Where the length of the lot between both streets is of such length
that future division of the lot into two lots is improbable; and
c.
Where access shall be to one street only, which street shall be the
one with the lower traffic function, and the portion of the lot abutting
the other street shall be clearly labeled on the plat and in any deed
that street access is prohibited.
Where extra width has either been dedicated or provided for
widening of existing streets, lot shall begin at such new street line
and all setbacks shall be measured from such line.
All area lighting shall provide for lights focused downward,
translucent fixtures and shielding or such other light orientation
and shielding as to prevent light spillage off the site. The light
intensity provided at ground level shall be a minimum of 0.3 footcandle
anywhere and shall average a maximum of 0.5 footcandle over the entire
area. No light source shall exceed a height of twenty-five (25') feet.
For each fixture and lighted sign, the total quantity of light radiated
above a horizontal plane passing through the light source shall not
exceed seven and one-half (7-1/2%) of the total quantity of light
emitted from the light source. Any outdoor lighting shall be shown
on the site plan in sufficient detail to allow determination of the
effects at the property line and on nearby streets, driveways, residences
and overhead sky glow. The objective of these specifications is to
minimize undesirable off-site effects. No light shall shine directly
into windows or onto streets and driveways in such a manner as to
create a nuisance or interfere with or distract driver vision. To
achieve these requirements, the intensity of such light sources, light
shielding and similar characteristics shall be subject to site plan
approval.
Maximum intensity of lighting at property lines shall be 1.0
fc.
All lights shall be shielded to restrict the maximum apex angle
of the cone illumination to 150 degrees. Lights may not be pointed
toward oncoming traffic.
Lighting visible to adjoining residential properties shall be
appropriately shielded.
Details and specifications for the fixtures intended for use,
as well as a plan which shows the isolux trace of lighting on the
ground surface, shall be submitted for review.
Generally, lights and signs utilizing red, amber or green lighting
shall not be permitted, and any colored lighting to be used shall
be reviewed by the Chief of Police with regard to possible interference
by drivers with recognition of traffic signals.
No construction work whatsoever, beyond that of the foundation
of a building or structure may be proceeded with until the Construction
Official shall have approved the location and construction of such
foundation, and no back-filling of, or around, any foundation to be
hereafter constructed shall be made until the approval hereby required
shall have been obtained.
No approval of the building or structure shall be given by the Construction Official, or any person authorized to act in his behalf, unless and until an accurate survey, showing the actual physical location of such foundation shall have been presented to and filed in the office of the Enforcing Agency, and found by the Construction Official to conform in all respects with the requirements and provisions of this Ordinance, with the State Uniform Construction Code, and with the requirements and provisions of Chapter 30, Zoning Ordinance, or of any resolution of the Approving Authority applicable thereto.
No location survey required as aforesaid shall be accepted for filing in the office of the Enforcing Agency unless it shall have been made by an authorized licensed professional of the State of New Jersey, and shall bear the official seal. See Section 30-107.
The enumeration of ordinances and statutes herein shall not
relieve any developer from complying with all applicable ordinances
or statutes which may be in effect at the time of his application
for final approval or the granting thereof.
[Ord. No.780; Ord. No. 2008-1063]
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings;
Allocated for collection and storage of source separate recyclable
materials.
There shall be included in any application to the Borough Planning
Board or Board of Adjustment that requires subdivision or site plan
approval for the construction of multifamily housing, 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, a recycling plan. The plan must contain, at a minimum,
the following:
a.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
b.
Locations documented on the application's site plan that provide
for an indoor or outdoor recycling area for the collection and storage
of residentially-generated recycling materials.
1.
The dimensions of the recycling area shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number,
and which are consistent with anticipated usage and with current methods
of collection in the area in which the project is located; and
2.
`The dimensions of the recycling area and the bins or containers
shall be determined in consultation with the municipal Recycling Coordinator,
and shall be consistent with the District Recycling Plan adopted pursuant
to section 3 or P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable
requirements of the municipal Master Plan, adopted pursuant to section
26 of P.L. 1987, c. 102; and
3.
The location of the recycling area shall be convenient for the residential
disposition of source separated recycling materials, preferably near,
but clearly separated from, a refuse dumpster; and
Reasonable measures shall be taken to protect the recycling
area, and the bins or containers placed therein, against theft of
recycling materials, bins or containers.
Prior to the issuance of a Certificate of Occupancy by the Borough,
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 Borough does not otherwise provide this service.
The recycling area or the bins or containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recycling
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
Landscaping and/or fencing shall be provided around any outdoor
recycling area and shall be developed in an aesthetically pleasing
manner.
Provision shall be made for the indoor, or enclosed outdoor,
storage and pickup of solid waste, to be approved by the Borough Engineer.
