[Adopted 9-3-1968 as Ord. No. 181: amended
in its entirety 12-9-1991 by Ord. No. 458]
No person, firm or corporation shall clear or
improve any land for a street, right-of-way, road or avenue which
has or may be dedicated to public use and which is not an accepted
street until a permit has been previously obtained from the Township
Committee of the Township of Boonton authorizing such clearing or
improvement.
A.
Before any such street, road, right-of-way or avenue
is cleared or improved, the owner or developer shall make application,
in writing, to the Township Committee of the Township of Boonton for
a permit, specifying the nature and location of the clearing or improvements
which are to be made and shall submit six copies each of a tree protection
and removal plan and a soil erosion and sediment control plan prepared
in accordance with the Tree Protection and Removal and Soil Erosion
and Sediment Control Ordinance.[1] If the street is to be improved, the owner or developer shall furnish the Township Committee with a letter or other satisfactory evidence showing that the subdivision in which said street is located has been approved by the Planning Board. Six copies of tentative construction plans, which shall include plan, profile and cross-sections, in accordance with the preliminary plat of the subdivision, drawn by a professional engineer licensed to practice in the State of New Jersey, shall be submitted to the Township Committee, showing all proposed construction of roads, curbs and underground facilities and utilities. A fee as set forth in Chapter 82. Fees, shall be paid to the Township of Boonton upon filing application for such permit.
B.
Final plans shall also be submitted to the Township Committee, together with a copy of the preliminary plat of the subdivision, showing in accurate detail all the above-mentioned items for the construction thereof. An estimate of the cost of the construction and completion of the tree protection and removal plan and the soil erosion and sediment control plan, which shall be used for the performance bond, shall be submitted with the above-mentioned plans. The developer shall submit, along with the foregoing information, a written agreement, in such form as shall be approved by the Township Committee and its legal representative, binding itself as to its manner and time of procedure and completion of the project with respect to all matters affecting the interests of the Township, including but not limited to drainage, road surfacing, easements and other conveyances. On each submission of final construction plans and on each resubmission thereof after failure to comply with the requirements established by the Township Committee or its representatives with respect to engineering, legal or other technical matters prior to original submission, a fee as set forth in § 82-1D, Land use fees, shall be paid to the Township of Boonton, in addition to applicable review fee deposits as set forth in § 82-1D, Land use fees.
The provisions of § 102-56 shall apply with respect to the posting of performance and maintenance guaranties.
No street, road or avenue in the Township of
Boonton shall hereafter be accepted as a public street or road, nor
shall any extension of a water main, sanitary sewer or gas main, or
any connection with such mains, or any streetlight be made or placed
therein until the same shall have been approved in accordance with
the requirements as set forth in § 102-67B.
Permanent street signs shall be erected at all
street intersections, as approved by the Township Engineer.
All construction work, including workmanship and materials, shall be subject to the inspection of the Township Engineer, who shall be notified by the developer at least 72 hours prior to the start of construction. No underground installation shall be covered until inspected and approved by said Township Engineer. The developer shall be required to pay to the Township of Boonton such inspection fees as set forth in § 82-1D(2) pursuant to § 102-15B. No improvement shall be accepted by the governing body until the Township Engineer has received and approved tracings showing the plans, grades and profiles of all improvements as finally constructed.
The owner or developer, exclusive of the Township
of Boonton, shall, during the maintenance period, keep and protect
the street pavement and appurtenances in good condition. If this requirement
is not complied with, the Township Committee hereby reserves the right
to revoke building permits and stop construction until such time as
the owner or developer complies with this Article.
The requirements hereof shall be considered
minimum requirements for street improvements in the Township of Boonton.
However, if the owner or developer can clearly demonstrate that, because
of peculiar conditions pertaining to the land, the literal enforcement
of one or more of these regulations is impracticable or will exact
undue hardship, the Township Committee may permit such variance or
variances as may be reasonable and within the general purpose and
intent of the rules, regulations and standards established by this
Article.
A.
The approval of any plan by the Township Committee
shall in no way be considered as an acceptance of any street, or shall
such approval obligate the governing body to maintain or exercise
jurisdiction over such street, road, right-of-way or avenue.
B.
Before the acceptance of any road, street or avenue
by the Township Committee and prior to the release of any performance
guaranty which may have been posted:
(1)
An affidavit shall be made by the developer or owner
certifying that all costs incurred in construction have been paid
in full.
(2)
All deeds of ownership or easement and all other instruments
required as a condition, together with an affidavit of title and title
binder showing that there are no liens, mortgages or other encumbrances
on the interests being conveyed to the Township, shall be submitted
in proper form to the Township of Boonton and approved by the Township
Attorney.
[Amended 4-9-2007 by Ord. No. 739]
Any person, firm or corporation who shall violate any of the provisions of this Article or fail to comply therewith or any of the requirements thereof shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code.
