Borough of Sea Bright, NJ Article VIII Required Improvements

§ 130-43 Requirements.

A. Prior to the granting of final approval of an application for development, the developer shall have installed or shall have furnished performance guaranties for the ultimate installation of the following: all on-site and off-site improvements as well as all inspection fees as set forth by the Municipal Engineer or the Code Enforcement Officer. All of the listed improvements shall be furthermore subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least five days prior to the start of construction. No underground installation shall be covered until approved and inspected by the Borough Engineer.

[Amended 4-17-1989]

B. Topsoil and sand protection. Topsoil and sand moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the development and shall be stabilized by seeding or planting and shall be governed by any present ordinance of the Borough relative thereto or any ordinance hereafter adopted.

[Amended 4-17-1989]

C. Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:23B-3 and be placed in accordance with said statute.

[Amended 12-15-1998 by Ord. No. 94-98; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

D. Sewers. Sanitary sewers designed in accordance with the regulations of the sewerage authority shall be installed in a manner adequate to handle all present and probable future development.

E. Sidewalks. Sidewalks shall be installed if required by the Planning Board when deemed necessary for safety. If installed, they shall comply with the following specifications:

(1) Sidewalks shall be four feet wide, and at least four inches thick, of Class C concrete having a twenty-eight-day compressive strength of 3,500 pounds per square inch, except at points of vehicular crossing where they shall be at least six inches thick, of Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall be air entrained. Such driveway areas shall be reinforced with six-by-six 10/10 welded wire mesh.

(2) Sidewalks shall be set back three feet from the curb face where practical or located as directed by the Planning Board.

(3) At locations specified by the Planning Board and at all intersections, the sidewalk and curbing shall have a barrier-free design to provide a ramp for bicycles and/or wheelchairs, details for which may be obtained from the engineer.

(4) Where a development adjoins an existing street on one side only, sidewalks may be required on that side only.

F. Curbs. Curbs shall be constructed on both sides of all streets, shall be not less than 18 inches deep and six inches in width at the top and eight inches in width at the bottom and shall be constructed of a minimum concrete mixture of one part cement, two parts washed sand and three parts washed gravel or other suitable aggregate. The concrete shall have a compressive strength of 3,000 pounds per square inch after 28 days. The minimum length of blocks shall be 10 feet, with a preformed bituminous expansion joint filler 1/2 inch thick installed every 40 feet. The finish shall be a float finish with corners rounded.

G. Streets. All streets shall be improved with a two-inch top course. NJDOT I-5 bituminous concrete pavement in accordance with current New Jersey State Department of Transportation specifications on a four-inch-thick NJDOT I-2 stabilized base. Where subbase conditions of the proposed street are wet, springy or of such a nature in the opinion of the Borough Engineer that paving would be inadvisable without first treating the subbase, the subbase shall be prepared by the installation of suitable subsurface drainage, dense graded aggregate subbase or other means as may be required to meet the special condition. The method employed to stabilize the base must be approved by the Borough Engineer.

[Amended 7-5-2000 by Ord. No. 12-00; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

H. Drainage. All streets shall be provided with catch basins and pipes which, in the opinion of the Borough Engineer, are necessary for proper surface drainage. The requirements of this section shall not be satisfied by construction of dry wells.

(1) Catch basins shall be designed in accordance with New Jersey Department of Transportation standard plans and specifications. Frames and grates shall be Campbell Foundry Co. Pattern No. 2541 or No. 2548, stream flow grating with eight-inch curb face or equal.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2) Storm drain pipes shall be reinforced concrete culvert pipe, extra strength, conforming to ASTM specifications C76-55 when installed in streets, and may be reinforced concrete sewer pipe, standard strength conforming to ASTM specifications C75-55, when installed off streets. Joints shall be bell and spigot, properly caulked with jute or oakum and filled with cement mortar or shall be provided with a suitable rubber gasket of a type approved by the Borough Engineer and installed in accordance with the manufacturer's recommendations.

(3) Manholes shall be designed in accordance with New Jersey State Department of Transportation standard plans and specifications. Frames and covers shall be Campbell Foundry Co. Pattern 1203 or equal.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4) Poured concrete headwalls shall be constructed at the point of discharge of all storm drains in accordance with New Jersey State Department of Transportation standard plans and specifications.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(5) At through intersections, where it is necessary to carry surface water across a street, it shall be accomplished by the use of a minimum of a twelve-inch diameter cast-iron culvert pipe. At other than through intersections, water may be carried across streets in dished gutters constructed of portland cement concrete or bituminous concrete Type S.M.

(6) Storm drains shall be located within the curblines of streets with catch basins located at the end of curb returns wherever possible.

(7) Where drainage water from the streets shown on the plat discharges on the property of either the owner or others, proper easements shall be obtained by the applicant and be furnished to the Borough governing the rights to discharge such drainage water.

I. Water mains. All streets shall have water mains not less than six inches in diameter installed therein for the entire length thereof if the development is located within the area served by a water company unless the requirements hereof are expressly waived in whole or in part by the Planning Board.

J. Street signs. At each street intersection, there shall be erected or constructed a street sign of a size and type prescribed by the Borough Council.

K. Trees. Trees indigenous to Sea Bright shall be planted in every development at intervals of 10 feet and along both sides of all streets. All trees shall be located at a point four feet inward of the property line. The trunk and diameter of all trees shall be a least two inches with a height of six feet above the finished ground level. All trees must be salt tolerant. In addition, no wood chips or mulch may be used around plantings.

[Amended 4-17-1989]

§ 130-44 Off-tract improvements.

A. Determination. The Planning Board may determine, pursuant to N.J.S.A. 40:55D-42, that off-tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area. The need for the improvements and the determination by the Planning Board shall be governed by the circulation plan element and the utility service plan element of the Master Plan, N.J.S.A. 40:55D-28b(4) and (5).

B. Where the Planning Board determines that off-tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area, it may require either that such off-tract improvements shall be installed or that the developer contribute to the installation of such off-tract improvements. Where the Planning Board has determined that off-tract improvements are required, it shall be a condition of the granting of final approval that such improvements shall be constructed or that the developer shall make payments toward the ultimate installation of off-tract gutters, sidewalks, water mains, sanitary sewers, storm sewers, culverts, retention basins, monuments and streetlights, all in accordance with the specifications governing on-tract improvements.

C. Cost allocation. If the Planning Board determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the Planning Board shall allocate the cost of said off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of or the construction of drainage or other improvements in a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement, and the cost of said improvement shall not be allocated.

D. The allocation of the cost of off-tract improvements shall be determined in accordance with the following standards:

(1) The Planning Board shall consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22.

(2) The Planning Board shall further consider the criteria set forth below:

(a) Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and the other factors related to the need created by the site or subdivision and anticipated thereto.

(b) Drainage facilities shall be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the Borough Engineer.

(c) Sewage facilities shall be based upon a proportion as determined by the rules and regulations of the Sewerage Authority in effect at the time of the application for development.

(d) Water supply and distribution facilities may be based upon the rules and regulations governing the particular utility supplying water service, which are in effect at the time of the application for development.

E. All moneys received by the Borough in accordance with the provisions of this section shall be paid to the Chief Financial Officer, who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes, unless such improvements are not initiated for a period of five years from the date of payment, after which time said funds shall be transferred to the Capital Improvement Fund of the Borough.

F. The apportionment of costs shall be determined by the Planning Board. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.

G. Nothing in this chapter shall preclude the Borough from assessing any property benefiting from installation of any off-tract improvements as provided herein pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments hereunder.

H. Deviation from final plan. The Planning Board may permit a deviation from the final subdivision plat or final site plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Article VII, Area, Bulk and Use Requirements, of this chapter.