Prior to the granting of final approval, the subdivider shall have installed improvements required by the Planning Board or have given a performance guarantee sufficient to cover the costs of said improvements. The Planning Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority, county, state or other governmental agencies, may be required by the Planning Board as a condition of final approval. The following construction standards and improvements are necessary to protect the health, safety, welfare, and convenience of the residents and public as well as needed to meet local, county, regional, state and national goals and objectives. It is recognized, however, that in peculiar situations, all of the improvements listed below may not be appropriate or needed. These items may then be waived in accordance with § 330-8.
A.
Township standards. All standards and specifications
of the Township as now or hereafter adopted, if any, shall govern
the design, construction and installation of all improvements. Failure
of the subdivider, developer, his contractor or agent to conform to
the specifications shall be just cause for the suspension of the work
being performed. No subdivider shall have the right to demand or claim
damages from the Township, its officers, agents or servants by reason
of the suspension.
B.
Other standards. In the event the Township has not
adopted standards for a specific type of improvement, then generally
accepted engineering standards as set forth in engineering and construction
manuals as may be approved and modified by the Township Engineer for
a specific situation, shall be used. Gas, electric, telephone and
similar utilities shall be installed in accordance with applicable
company, state and federal requirements.
C.
Grades. All construction stakes and grades shall be
set by a licensed land surveyor in the employ of the subdivider, developer,
or contractor. One copy of all cut sheets shall be filed with the
Township Engineer prior to the commencement of any construction.
D.
Inspection. Prior to the start of the construction
or installation of such improvements, the subdivider shall advise
the Township Engineer 48 hours prior to the commencement of such work.
No underground installation shall be covered until inspected and approved
by the appropriate official. If, during installation of any of the
required improvements, the subdivider fails to meet specification
requirements or to correct unacceptable work, the subdivider shall
be notified in writing by certified mail, return receipt requested,
that the subdivider has failed to comply with specifications or to
correct unacceptable work properly and the notice shall set forth
in detail what has not been properly installed. If within 10 days
after certified date of receipt of such notice, the subdivider has
failed to perform in accordance with the notice, the Township shall
then cause the notice of failure-to-comply to be served upon the subdivider
and a copy shall be sent to the Township Committee and Planning Board.
[Amended by Ord. No. 5-1991]
A.
Site conditions.
(1)
During construction, the site shall be maintained
and left each day in a safe and sanitary manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the subdivider upon an order by the Construction Official
or other authorized personnel.
(2)
During construction, the developer, contractor, or
builder shall protect all existing trees 10 inches in diameter measured
four feet from grade and which are located 25 feet or more from the
actual building site or five feet from any paved area. Such protection
shall include not more than six inches of fill to be placed around
the tree or removal of one foot of earth covering the root system,
and construction of wood frames to protect the trunks from scarring
from heavy machinery.
B.
Disposal of dead trees, litter, building materials.
Developed areas shall be cleared of all stumps, litter, rubbish, brush,
dead and dying trees, roots, debris, and excess or scrap building
materials shall be removed or destroyed immediately upon the request
of and to the satisfaction of the Construction Official prior to issuing
an occupancy permit.
C.
Earth removal and topsoil.[2]
(1)
No topsoil shall be removed from the site or used
as spoil unless approved by the Township Construction Official. Where
there is a questionable case, the Township Construction Official shall
consult with the Lebanon Township Planning Board and the Lebanon Township
Environmental Commission prior to making any decision, and in the
event that either or both of these bodies should disagree with a proposed
decision of the Township Construction Official, he shall then consult
with the Township Committee prior to rendering a final decision.
(2)
At least six inches of topsoil shall be provided within
25 feet of the structure and appropriately landscaped. All non-hardsurfaced
areas of the lot or those portions without structures shall be stabilized
by seeding or planting to prevent soil erosion. Areas where vegetation
has been removed or the surface has been disturbed without structures
shall be stabilized by seeding or planting to prevent soil erosion.
Areas where vegetation has been removed or the surface has been disturbed
and which constitute a potential soil erosion problem shall be appropriately
stabilized to the satisfaction of the Township Engineer and Construction
Official.
D.
Changes in elevation.
(1)
No change shall be made in the elevation or contour
of any lot or site by the removal of earth to another lot or site
other than as shown on an approved preliminary plan.
(2)
Minimal changes in elevations or contours necessitated
by field conditions may be made only after approval by the Township
Engineer. All the changes necessitated by field conditions shall be
shown on the final plat and indicated as a change from the preliminary,
or if final approval has been granted, the changes shall be shown
the as-built plans.
E.
Temporary improvements. During construction, the Township
Engineer may require the installation or construction of improvements
to prevent or correct temporary conditions on the site which could
cause personal injury, damage to property or constitute a health hazard.
These conditions may result from erosion and landslide, flooding,
heavy construction traffic, creation of steep grades and pollution.
Improvements may include grading, plantings, retaining walls, culverts,
pipes, guard rails, temporary roads, and others appropriate to the
specific condition.
[Amended by Ord. No. 7-1984; Ord. No. 2001-25; Ord. No. 2003-12]
A.
Stormwater.
(1)
Provisions shall be made to collect stormwaters within
the subdivision and to retain, detain and recharge stormwater within
the confines of the development if at all possible, or if not, to
convey the excess portion of stormwaters not detained from the subdivision
to rivers and streams, drainage ditches or other stormwater conveyors
capable of accommodating flows. The stormwater disposal system shall
include all or some of the following: curbs, catch basins, culverts,
pipes, stormwater drains, swales, drainage rights-of-way, ditches,
channel improvements, rip rap, retention and detention basins, or
combinations of all or some of the above where appropriate. It may
also include ground cover, seeding, trees, shrubs, bushes and vegetation.
The stormwater disposal system shall be connected with an approved
system where one exists and shall be adequate for all present and
future development of the subdivision or outside areas tributary thereto.
B.
Sanitary sewage disposal.
(1)
Until such time as regional sanitary sewers and regional
treatment facilities are available to Lebanon Township, each lot shall
have an approved individual septic system.
(2)
At such time as regional sewers and regional sewage
treatment facilities are available, provisions shall be made to convey
sewage wastes from each lot to laterals and interceptors in sufficient
size and material and capacity to collectors and then to trunk sewers
to regional treatment facilities.
(3)
A sanitary waste disposal system shall include all
or part of the following: pipes, and necessary appurtenances such
as manholes, lampholes, pumping stations, drainage tiles, valves,
and siphons.
C.
Water.
(1)
Provision shall be made to provide each lot with an
adequate and continuous supply of potable water. Where a public water
system is reasonably accessible, all lots shall be connected thereto
if such connections are deemed necessary by the Planning Board to
ensure an adequate supply of potable water or as necessary for reasons
of public health, safety and welfare. In the event such a system is
not reasonably accessible, individual wells shall be installed for
each lot.
(2)
A water system shall include all or part of the following:
pipes and necessary appurtenances of sufficient size, material and
capacity, pumps, valves, pumping stations, standpipes and fire hydrants.
Fire hydrants shall be of a design and type approved by the Township
and be installed in accordance with Township requirements.
D.
Private utilities. Gas lines, telephone lines, electrical
service, cable television, and similar utilities shall consist of
those improvements required by the applicable utility or federal or
state law.
E.
Vehicular and pedestrian improvements. Such improvements
shall include all or some of the following: road paving, curbs, gutters,
concrete sidewalks, bituminous concrete driveway aprons, streetlighting,
traffic signs, traffic control devices and guardrails and other street
improvements.
(2)
Road signs. The design and location of all road signs shall be approved by the Planning Board. The names of all new streets shall meet the standards established by § 330-43D.
(3)
Walks. Walks, where required by the Planning Board,
shall be of a type and width to be determined by the Planning Board.
(4)
Traffic signs and control devices. These improvements,
such as "stop," "yield," "one-way" signs, etc., shall be designed
and installed in accordance with applicable federal, state and county
and local regulations. Recommendation as to their installation may
be made by the Police Department or other competent agency.
(5)
Guardrails. These shall be designed to prevent cars
from leaving the road. They shall be installed where danger exists
to the traveling public due to steep topography, narrow roadways,
location of drainage ditches, or other similar conditions.
F.
Natural improvements. These improvements shall include
all or some of the following: shade trees, topsoil, earth removal,
borrow and fill, improvements to prevent erosion and landslides, improvements
to prevent damage to adjacent property, to protect vistas and existing
natural growth.
H.
Fire protection systems.
(1)
Purpose and applicability. While recognizing that it may not be possible to assure complete fire protection in every given case, in order to provide the Lebanon Township Fire Company with some minimum fire-fighting capability, all subdivisions of three lots or more, excluding remaining lands, and all site plans involving 1,000 square feet or more of new building construction shall provide for a source of water for fire-fighting purposes in systems approved by the Lebanon Township Fire Official, the Lebanon Township Fire Company and the Lebanon Township Engineer. Minor subdivisions of land that are further subdivided prior to the time limit established in § 330-22E are subject to this section. This requirement shall be noted in the property deed in the event the property is sold prior to reaching the above lot requirement.
[Amended 12-17-2008 by Ord. No. 2008-11]
(2)
In areas where public or private central water supply
is available and has been approved in writing by the Lebanon Township
Fire Official, the Lebanon Township Fire Company and the Lebanon Township
Engineer for minimum fire-fighting purposes, fire hydrants may be
installed by the applicant, upon those approvals above and the approval
of the Lebanon Township Committee, at the appropriate locations in
accordance with the following standards:
[Amended 12-17-2008 by Ord. No. 2008-11]
(a)
Hydrants shall be installed in accordance with
standards set forth in ANSI/AWWA, "Dry Barrel Fire Hydrants," latest
edition; painted as directed by the Lebanon Township Fire Official
and the Lebanon Township Fire Company and tested in accordance with
NFPA 291, "Recommended Practice for Fire Flow Testing and Marking
of Hydrants," latest edition, to ensure compliance with fire flow
requirements. Acceptable test data shall be provided to the Lebanon
Township Fire Official and the Lebanon Township Fire Company for review
and approval. In areas where public or private central water is available,
but such water supply does not have the capacity to satisfy the foregoing
minimum standards, such public or private central water supply shall
be supplemented with additional measures to satisfy the minimum fire
protection requirements of the Township. Such additional measures
may involve any one or a combination of the following: installation
of booster pumps with appurtenances, installation of water storage
tanks with appurtenances, creation of drafting points with appurtenances,
or such other means of increasing fire-fighting as may be recommended
or approved by the Lebanon Township Fire Official and the Lebanon
Township Fire Company.
(b)
Fire hydrants shall be capable of providing
a minimum slow rate of 1,250 gpm at 20 psi residual pressure for a
minimum of two hours. Fire hydrants shall be installed at the appropriate
locations as recommended by the Lebanon Township Fire Official and
the Lebanon Township Fire Company and after final approval by the
Lebanon Township Committee. In residential developments a water supply
system and fire hydrants shall be installed in accordance with the
New Jersey Residential Site Improvement Standards, Subchapter 5. In
other than residential developments, a water supply system and fire
hydrants shall be installed as recommended by the Lebanon Township
Fire Official, the Lebanon Township Fire Company and the Township
Engineer and, in the case of fire hydrants, final approval of the
Lebanon Township Committee. Fire hydrants shall be located within
three feet of the curbline of fire lanes, streets, or private streets,
when installed along such accessways in new developments. Fire hydrants
located in parking areas shall be protected by barriers that will
prevent physical damage from vehicles.
(3)
Where public or private central water is not available
currently or in the foreseeable future, underground storage tanks
shall be installed by the applicant to provide a source of water for
firefighting in accordance with the following minimum criteria:
(a)
For all subdivisions of three lots or more,
excluding remaining land, new underground water storage tanks shall
be located and installed so that no dwelling is farther than 1,000
feet from any such tank as measured along the street, either public
or private, and the access driveway to the dwelling. In no event shall
the distance between the tanks be greater than 2,000 feet. At least
one tank shall be installed for each 2,000 feet of street or fraction
thereof. The capacity of every underground water storage tank or tanks
shall be based on the proposed number of lots in the subdivision and
the applicable NFPA standards. Notwithstanding the above, the minimum
capacity of every underground water storage tank within residential
zone districts shall be 30,000 gallons.
[Amended 12-17-2008 by Ord. No. 2008-11]
(b)
In site plans of nonresidential properties involving
1,000 square feet or more of new building construction, the tank size
shall be based on the applicable NFPA standards for the proposed structures
to be protected, using 75% of the tank capacity. Tank location for
nonresidential developments shall be determined by the Lebanon Township
Fire Official, the Lebanon Township Fire Company and the Lebanon Township
Engineer.
[Amended 12-17-2008 by Ord. No. 2008-11]
(c)
The underground water storage tanks shall be
installed so that the tank suction connections shall be no higher
than 18 feet above the bottom of the tank. Tanks shall be new, as
certified by the manufacturer and developer/owner, made of fiberglass
construction and installed as per the manufacturer’s specifications.
The tank shall be installed with antiflotation footings and straps.
The initial filling of the tank shall be the responsibility of the
applicant. The tank shall include a locking access manhole with a
minimum diameter of 30 inches and a combination air vent/sight indicator
for measuring the water level while providing ventilation sufficient
enough to permit a flow of water as per the applicable NFPA standards.
[Amended 12-17-2008 by Ord. No. 2008-11]
(d)
The underground water storage tank or tanks
in residential developments shall be located on private property within
utility easements along the edge of the lot as close to the right-of-way
as possible without interfering with required road improvements. An
apron shall be provided adjacent to the tank and off of the roadway
for parking the fire-fighting apparatus. In the event no curb is installed,
protective barriers must be installed by the owner or developer. The
tank shall be designed according to specifications provided by the
Township Engineer.
[Amended 12-17-2008 by Ord. No. 2008-11]
(e)
No-stopping-or-standing zones shall be delineated
at each tank location for a distance of 25 feet in each direction
from the water outlet device of such tank on both sides of the streets.
Such delineation shall be appropriately identified by signs meeting
the Manual on Uniform Traffic Control Devices, latest edition, design
standards set forth by the New Jersey Department of Transportation.
Signs shall be installed prior to issuance of building permits.
[Amended 12-17-2008 by Ord. No. 2008-11]
(f)
In all cases where a hydrant or tank is required,
no construction permits shall be issued for a dwelling or principal
structure within the subdivision or site plan until, to the extent
necessary to afford fire protection to such dwelling or principal
structure, such system is installed and its operability tested and
approved by the Lebanon Township Fire Official, the Lebanon Township
Fire Company and the Lebanon Township Engineer.
(g)
Prior to acceptance of the underground water
storage tank, inspections of the underground water storage tank shall
be the responsibility of the Lebanon Township Fire Company. Inspection
shall occur at least every six months. The Fire Company will check
the condition of standpipes, pipe fittings, water levels in the tank,
and such other items as may be necessary to ensure that the tank is
serviceable. Any maintenance requirements, as determined by the Lebanon
Township Fire Company, shall be the responsibility of the developer
until such time as the development is completed and the fire tank
is accepted by Lebanon Township. Maintenance responsibilities will
then transfer to Lebanon Township. When tanks are located on private
property, the property owner shall permit access to the Fire Company
for maintenance and inspection activities.
[Amended 12-17-2008 by Ord. No. 2008-11]
(h)
Signs shall be installed by the applicant on
the standpipes to indicate that unauthorized use or tampering will
subject the perpetrator to penalties.
[Amended by Ord. No. 2003-13]
A.
Before recording of final subdivision plats or as
a condition of final site plan approval or as a condition to the issuance
of a zoning permit, the governing body may require and shall accept
in accordance with the standards adopted by ordinance for the purpose
of assuring the installation and maintenance of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor
of the municipality in an amount not to exceed 120% of the cost of
installation, which costs shall be determined by the Municipal Engineer
according to the method of calculation set forth herein for improvements
which the approving authority may deem necessary or appropriate, including
streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law,[1] water mains, culverts, storm sewers, sanitary sewers or
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space
and, in the case of site plans only, other on-site improvements and
landscaping.
(a)
The Municipal Engineer shall prepare an itemized
cost estimate of the improvements covered by the performance guarantee,
which itemized cost estimate shall be appended to each performance
guarantee posted by the obligor.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Provision for a maintenance guarantee to be posted
with the governing body for a period not to exceed two years after
final acceptance of the improvements, in an amount not to exceed 15%
of the cost of the improvement, which cost shall be determined by
the Municipal Engineer according to the method of calculation set
forth herein. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the municipality for such
utilities or improvements.
B.
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Municipal Engineer according to the method of calculation set
forth herein as of the time of the passage of the resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guarantee, the obligor
and the surety, if any, shall be liable thereon to the municipality
for the reasonable cost of the improvements not completed or corrected
and the municipality may either prior to or after the receipt of the
proceeds thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law.
D.
Request for cost estimate and report with respect
to improvements.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A hereof, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and the remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of the reduction to be made in the performance guarantee relating to the complete and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A hereof.
E.
Approval or rejection of improvements by Township
Committee; failure of Engineer to provide list and report; failure
of Committee act.
(1)
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A hereof. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
(2)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D hereof within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(a)
If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A hereof; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3)
In the event that the obligor has made a cash deposit
with the municipality as part of the performance guarantee, then any
partial reduction granted in the performance guarantee pursuant to
this subsection shall be applied to the cash deposit in the same proportion
as the original cash deposit bears to the full amount of the performance
guarantee.
F.
If any portion of the required improvements is rejected,
the governing body may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section, shall be followed.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the governing body or the Municipal Engineer.
H.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Municipal Engineer for the
foregoing inspection of improvements; provided that the municipality
may require of the developer a deposit for the inspection fees in
an amount not to exceed, except for extraordinary circumstances, the
greater of $500 or 5% of the cost of improvements. For those developments
for which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Municipal Engineer for
inspection, the developer shall deposit the remaining 50% of the anticipated
inspection fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Municipal Engineer for inspection, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
The Municipal Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
I.
In the event that final approval is by stages or sections
of development, the provisions of this section shall be applied by
stage or section.
J.
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A hereof, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the governing body, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
[Amended by Ord. No. 2003-13]
The cost of installation of improvements shall
be estimated by the Municipal Engineer based on documented construction
costs for public improvements prevailing in the general area of the
municipality. The developer may appeal the Municipal Engineer's estimate
to the County Construction Board of Appeals.
[Amended by Ord. No. 2003-13]
A municipality shall not require that a maintenance guarantee required pursuant to § 330-36A(2) be in cash or that more than 10% of a performance guarantee pursuant to that subsection be in cash. A developer may, however, provide at his option some or all of a maintenance guarantee in cash, or more than 10% of a performance guarantee in cash.
[Added by Ord. No. 2003-13]
The governing body shall accept a performance
guarantee or maintenance guarantee which is an irrevocable letter
of credit if it:
A.
Constitutes an unconditional payment obligation of
the issuer running solely to the municipality for an express initial
period of time in the amount determined;
B.
Is issued by a banking or savings institution authorized
to do and doing business in this state;
C.
Is for a period of time of at least one year; and
D.
Permits the municipality to draw upon the letter of
credit if the obligor fails to furnish another letter of credit which
complies with the provisions of this section 30 days or more in advance
of the expiration date of the letter of credit or such longer period
in advance thereof as stated in the letter of credit.
[Amended by Ord. No. 25-1989]
All fees to be paid shall be in accordance with § 400-54.
[Amended by Ord. No. 3-1989]
A.
The Planning Board shall require, as a condition of
preliminary plat subdivision approval, that the developer pay his
pro rata share of the cost of providing only reasonable and necessary
street improvements and water, sewerage and drainage facilities, and
easements therefor, located outside the property limits of the development
but necessitated or required by construction or improvements within
such development. Such contribution for a developer's pro rata share
shall only be required where the off-tract improvements are to be
constructed pursuant to provisions of the circulation and comprehensive
utility service plans included in the Master Plan. The developer shall
either install the improvements or contribute his pro rata share of
the costs, as determined by the Township Committee. If the developer
installs the improvements, he shall be compensated for all but his
pro rata share of the cost of said improvements.
B.
The developer shall pay the full cost of all off-tract
improvements required by the Planning Board if such off-tract improvements
are wholly necessitated by the proposed development and said improvements
do not benefit any land other than the land within the subdivision.
C.
The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in Subsections E and F hereof, of all off-tract improvements required by the Planning Board if such improvements are wholly or partially necessitated by the proposed development and the improvements benefit lands other than those within the subdivision.
D.
In the event the Planning Board shall determine that
off-tract improvements are required in connection with any subdivision,
then prior to granting preliminary plat approval:
(1)
(2)
The Township Committee shall determine and report
to the Planning Board whether and by what date the off-tract improvements
will be constructed by the Township as a general improvement, or as
a local improvement or as a combination thereof, or whether the developer
shall construct the required off-tract improvements and be reimbursed
pursuant to a formula specified by the Township Committee if the improvements
specifically benefit property other than that within the subdivision.
(3)
The Planning Board shall require as a condition of
final approval of the subdivision plat that:
(a)
In the event that the developer shall have installed
all of the required off-tract improvements, which have been reported
as satisfactorily installed by the Township Engineer the developer
shall post the required maintenance guarantee as determined by the
Township Engineer; or
(b)
The developer shall deposit with the Township
Chief Financial Officer/Treasurer the pro rata share of the off-tract
improvements if the off-tract improvements are not installed by the
developer.
E.
In determining the allocation of costs for off-tract
improvements as between the developer, other property owners and the
Township, the Planning Board shall be guided by the following factors:
(1)
The total estimated cost of off-tract improvements;
(2)
The increase in market values of the properties affected
and any other benefits conferred;
(3)
The needs created by the application;
(4)
Population and land use projections for the land within
the general area of the subdivision and other areas to be served by
the off-tract improvements;
(5)
The estimated time for construction of the off-tract
improvements; and
(6)
The condition and periods of usefulness of the improvements
which may be based upon the criteria of N.J.S.A. 40A:2-22.
F.
Without limiting the generality of the foregoing,
the Planning Board may take into account the following specific factors:
(1)
The Planning Board may consider street widening, curbs,
gutters, walks, streetlights, street signs, traffic light improvements,
trees, sidewalks, drainage associated with road improvements, traffic
counts, existing and projected traffic patterns, quality of roads
and walks in the area and such other factors as it may deem relevant
to the needs created by the proposed development. The owner's or developer's
pro rata cost for the above improvements shall be calculated as follows:
(a)
For nonresidential development, the cost shall
be based on the ratio of the estimated peak hour traffic generated
by the proposed property or properties to the total of the estimated
peak hour traffic generated by the development, plus the remaining
capacity of the existing system but not less than zero in the event
a system is operating in excess of its design capacity. For purposes
of determining capacity, Level of Service B shall be used.
(b)
For residential development, the cost shall
be based on the ratio of the number of dwelling units proposed in
the subdivision or site plan to the total number of existing and potential
dwelling units having a reasonable impact on the facility or improvement
under consideration.
(c)
The ratios thus calculated shall be increased
by 10% to help defray the Township's legal, engineering and other
professional and administrative costs.
(2)
With respect to drainage facilities, the Planning
Board may consider:
(a)
The relationship between the areas of the subdivision
and the area of the total drainage basin of which the subdivision
is a part;
(b)
The proposed use of land within the subdivision
and the amount of land areas to be covered by impervious surfaces
on the land within the subdivision; and
(c)
The use, condition or status of the remaining
land area in the drainage basin.
(3)
With respect to water, gas and electric supply and
distribution facilities, the Planning Board may consider the use requirements
of the use proposed for the subdivision and the use requirements of
all other properties to be benefited by the improvements.
(4)
With respect to sewerage facilities, the Planning
Board may consider:
G.
Any money received by the Township Chief Financial
Officer/Treasurer for off-tract improvements to be constructed or
installed by the Township pursuant to the provisions of this section
shall be deposited in a suitable depository therefor and shall be
used only for the improvements for which they are deposited or improvements
satisfying the same purpose. If construction of improvements for which
the Township is responsible has not commenced within five years from
the date of deposit, the amount deposited, together with any interest
earned thereon, shall be returned to the developer or his successor
in interest.
