[Amended 3-19-1990; 6-7-1993]
A.
Public improvements to be installed. The subdivider
shall install or guarantee the installation of all required public
improvements, including but not limited to grading, streets, off-street
parking, gutters, curbs and sidewalks, streetlighting, street signs,
landscaping and shade trees, recreational facilities, culverts, storm
sewers, drainage structures, utilities (electric, telephone, water
mains or other means of water supply, sanitary sewers or other means
of sewage disposal and all appurtenances to such facilities properly
connected with approved systems of water supply and sewerage, as the
case may be, and adequate to handle all present and probable future
development), fire hydrants and monuments.
B.
Criteria in determining required public improvements.
To determine the required public improvements, the approving authority
will consider:
(1)
The probable development at various parts of the Township
as referred in the Master Plan and the Zoning Ordinance.
(2)
The necessity of safe, convenient and pleasant means
for the movement of traffic.
(3)
The protection of the public health, safety, comfort,
convenience and general welfare and the preservation of the ecology
and natural environment if necessary public services allow the preservation
of such environment.
(4)
The definition of public improvements, as "public
improvements" shall include streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyors' monuments, 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 all nonpublic improvements
whose operation may substantially affect or decrease the life of any
and all public improvements.
C.
Public improvements required prior to issuance of
a certificate of occupancy. No certificate of occupancy shall be issued
for any use or building involving the installation of utilities or
street improvements, parking areas, buffer areas, storm drainage facilities,
the alteration of the existing grade on a lot or the utilization of
a new on-site well or sanitary disposal system unless the Township
Engineer or other appropriate authority shall have, where applicable,
certified to the following:
(1)
Utilities and drainage. All utilities, including but
not limited to water, gas, storm drains, sanitary sewers, electric
lines and telephone lines, shall have been properly installed, and
service to the lot, building or use from such utilities shall be available.
(2)
Grading of street rights-of-way. All street rights-of-way
necessary to provide access to the lot in question shall have been
completely graded, and all slope-retaining devices or slope planting
shall have been installed.
(3)
Sidewalks. All sidewalks necessary to provide access
to the lot in question shall have been properly installed.
(4)
Curbing, parking areas and streets. Curbing, parking
areas and the bituminous base course of bituminous concrete streets
or the curbing and pavement course for portland cement concrete streets
necessary to provide access to the proposed lot, building or use shall
have been properly installed.
(5)
Roadway obstructions. All exposed obstructions in
bituminous concrete streets, such as manhole frames, water boxes and
the like, shall be set to the existing grade and raised to final grade
upon installation of any final wearing surface.
(6)
Buffer areas and grading of lots. The lot in question
shall have been fully graded and all lot grading on adjacent areas
affecting drainage on or across the lot in question shall be complete
and all topsoiling and planting and required buffer areas or fences
shall have been provided or bonded in accordance with the requirements
of an approved site plan or final plat, if any, or as required by
the Township Engineer, to permit proper surface drainage and prevent
erosion of the soils. Conformance with the approved soil disturbance
plan shall be certified to by the subdivider's engineer.
(7)
On-site wells. All on-site wells shall have been installed,
tested and approved by the Township Board of Health.
(8)
On-site sanitary disposal systems. All on-site sanitary
disposal systems shall have been installed and approved by the Township
Board of Health.
(9)
Public water supply. Where the proposed lot, building
or use is served by a public water supply, said supply shall have
been installed and tested and all required fire hydrants or fire connections
shall have been installed and tested and approved by the Chief of
the Bureau of Fire Prevention and/or the Fire Prevention Subcode Official.[1]
(10)
Street signs and traffic control devices. All
street signs and/or traffic control devices affecting the proposed
lot, building or use and required under the terms of approval of a
final plat or by federal, state, county or municipal rules, regulations
or laws shall have been installed.
(11)
Other. Any other conditions established for
issuance of a certificate of occupancy by the Planning Board as a
condition of final approval shall be complied with.
D.
Responsibility for public improvements. Installation
of all public improvements throughout a subdivision shall be under
the inspection of the Township Engineer, shall be at the sole expense
of the subdivider and shall be in accordance with the approved final
plan as modified by other action of the Planning Board and the Township
Council herein provided and in accordance with law.
[Amended 3-19-1990]
Public improvements shall be designed and constructed
in accordance with the requirements herein. Should public improvements
be required which are not provided for within the particular sections
of this chapter, they shall be designed and constructed in accordance
with good engineering practice and recognized design standards. The
subdivider or his engineer shall submit detailed design calculations
and construction specifications in each such instance. Prior to the
approval of such specialized design, the particular standards to be
utilized shall be submitted for review by the Planning Board and the
Township Engineer.
A.
General. All public improvements shall be installed
in complete accordance with the standards of this chapter, with other
particular specifications approved by the Planning Board and the Township
Engineer and with all other applicable Township, county and state
regulations.
[Amended 3-19-1990]
B.
Standard specifications and construction details.
(1)
The Standard Specifications for Road and Bridge
Construction of the New Jersey Department of Transportation, latest
revisions, as modified, supplemented, amended or superseded by the
requirements of this chapter, by the approved final plat, by particular
agreement among the Planning Board, Township Council and subdivider
or by other applicable Township, county or state regulations, shall
govern the completion of the required improvements. Such Standard
Specifications and Standard Construction Details are made a part of
this chapter by this reference and will not be herein repeated. It
is the responsibility of all the subdividers to familiarize themselves
with these standards, copies of which may be examined at the offices
of the Township Clerk and the Township Engineer and may be obtained,
upon payment of the cost thereof, from the New Jersey Department of
Transportation. The requirements of this chapter, an approved final
plat or of particular agreements and conditions of approval and of
applicable Township, county or state regulations shall govern and
prevail in the case of conflict between them and the Standard Specifications
or Standard Construction Details.
[Amended 3-19-1990]
(2)
Should the Township adopt, subsequent to the
effective date of this chapter, particular and specific standard construction
details for the Township of North Brunswick, they shall govern and
prevail over the Standard Construction Details of the New Jersey Department
of Transportation previously referred to.
C.
Clearing and grading.
(1)
All grading, excavation or embankment construction
shall be in accordance with the approved final plat and shall provide
for the disposal of all stormwater runoff and such groundwater seepage
as may be encountered. All clearing, excavation and embankment construction
shall be in accordance with the applicable requirements of the Standard
Specifications. No excavated material may be removed from the site
except in accordance with an approved final plat nor without the prior
approval of the Township Engineer. Where borrow excavation materials
from off-site sources are required to complete the necessary grading,
such material shall meet the requirements of the Standard Specifications
for Borrow Excavation Zone 3, and shall be subject to the approval
of the Township Engineer.
(2)
Material which the Township Engineer judges
is unsuitable for use in roadway embankments may be used for grading
outside the roadway right-of-way of building areas with the permission
of the Township Engineer. Any unsuitable material which cannot be
satisfactorily utilized on the site shall be removed from the site
and disposed of at places to be provided by the subdivider.
(3)
All construction layout and grading stakes shall
be set by a licensed land surveyor or professional engineer employed
by the subdivider or his contractor.
(4)
All rough grading must be completed prior to
the construction of the roadway subgrade. All sidewalk areas and slope
areas must be fully graded prior to the construction of finished pavements
or pavement base courses.
D.
Roadways.
(1)
General requirements. Roadways and all appurtenances,
including subgrade, subbases, base courses and pavements, shall be
constructed in accordance with the applicable requirements of the
Standard Specifications as modified herein. All subsurface utilities
including service connections (terminating at least two feet behind
the sidewalk, or if no sidewalks are to be installed, terminating
at least seven feet behind the curb), to each lot and all storm drains
shall be installed in all roadway areas prior to the construction
of final pavement surfaces.
(2)
Type of pavement. All roadways shall be constructed
with either a bituminous concrete flexible pavement structure or a
portland cement concrete rigid pavement structure. Only one type of
pavement shall be utilized throughout any subdivision.
(3)
Pavement structure design.
(a)
The pavement structure design for each particular
subdivision utilizing either a flexible or rigid pavement type shall
be the responsibility of the subdivider or his engineer. The pavement
design shall be based upon traffic loading projections and field sampling
and laboratory analysis of the subgrade soils to be encountered in
roadway areas in the subdivision and shall follow current design recommendations
of the Asphalt Institute, the Portland Cement Concrete Association
or such other generally recognized standards as may be acceptable
to the Township Engineer.
(b)
As minimum requirements, rigid Portland cement
paving shall be expansion joint type paving utilizing joints similar
to Type A expansion joints, according to the Standard Construction
Details of the New Jersey Department of Transportation, shall be reinforced,
constructed with Class B air-entrained concrete, and shall have a
minimum thickness of six inches for local and minor collector streets
and eight inches for other classifications. Flexible bituminous concrete
pavements shall have an equivalent structural depth of at least eight
inches of bituminous concrete for local and minor collector streets,
having a minimum wearing surface of not less than two inches of pavement
Type FABC and a minimum bituminous stabilized base course of not less
than six inches. This required pavement shall be a minimum requirement
and may be modified or increased by the Planning Board if required
by soil, traffic volumes or other conditions.
(4)
Subgrades. All subgrade shall be prepared in
accordance with the applicable requirements of the Standard Specifications
for bituminous concrete and reinforced concrete pavements. Prior to
the construction of any subbase base of pavement course all salt or
unyielding portions of the subgrade which do not attain the required
stability will be removed and replaced with the suitable material,
and the whole surface of the subgrade shall be compacted. The provision
of a uniform roadway subgrade meeting the requirements of the Standard
Specifications shall be the full responsibility of the subdivider.
In certain cases, special treatment may be required because of the
character or nature of the subsoil. Such special treatment may include
lime or cement stabilization, wet excavation or construction of underdrainage
fields. Any proposal by the subdivider to stabilize subgrade shall
be subject to the approval of the Township Engineer.
(5)
Subbase and/or aggregate base courses. Where
granular subbase courses are included in the pavement design section
proposed by the subdivider, they shall be constructed in accordance
with the applicable requirements of the Standard Specifications. Bituminous
concrete pavements and stabilized bases may be constructed on subgrade
without subbase or aggregate base courses, provided that the subgrade
can be satisfactorily prepared as hereinbefore described. Dense graded
aggregate base courses shall comply with the requirements of the Standard
Specifications for soil aggregate Type 5, Class A, or Type 2, Class
A or B. Portland cement concrete pavements must be constructed with
a minimum of six inches of a granular type subbase meeting the requirements
of the Standard Specifications for soil aggregate Type 4, Class E.
Any subbase course or aggregate base course to be utilized with any
type of pavement shall have a minimum thickness of four inches.
(6)
Bituminous base courses.
(a)
Bituminous base courses for use with bituminous
concrete pavements shall consist of a plant-mixed bituminous stabilized
base course (stone mix or gravel mix) in accordance with the requirements
of the Standard Specifications, except that the requirements for the
construction of base course shall be amended to allow the laying of
the base course with a single lift maximum thickness not exceeding
four inches.
(b)
Prior to placement of any bituminous stabilized
base coat, the finished surface of any underlying subbase or aggregate
base shall receive a prime coat in accordance with the requirements
of the Standard Specifications.
(7)
Bituminous pavements. Bituminous pavements shall
consist of a bituminous concrete surface course Type FABC 1 in accordance
with the requirements of the Standard Specifications. The bituminous
pavement wearing surface should generally not be installed until just
prior to the time the streets are prepared for final acceptance. Prior
to the installation of a bituminous concrete surface, the bituminous
base course shall be inspected by the Township Engineer. Any areas
of the base course in need of repair shall be removed and replaced
at the direction of the Township Engineer. If the Township Engineer
directs, a leveling course of FABC material shall be placed on any
uneven or below-grade base courses prior to the placement of finished
pavement. No pavement surfaces shall be placed unless permission to
do so has been granted by the Township Engineer. No paving shall be
done until all road structures, such as manholes, catch basins and
other underground utility access chambers, are brought to grade level.
(8)
Concrete pavements. Concrete pavements shall
be constructed in accordance with the requirements of the Standard
Specifications. Expansion joints shall be New Jersey State Department
of Transportation Type A expansion joints. The subdivider may submit
at the time of submission of the tentative plat for preliminary approval
an alternate expansion joint detail. The use of such an alternate
must be recommended by the Township Engineer and approved by the Planning
Board. Where existing concrete roadways are being widened as the result
of abutting properties, the widened pavement shall be required to
be of portland cement concrete. The remaining pavement in the subdivision
may, if the subdivider elects, be bituminous concrete. This will be
an exception. The requirement is that all pavement constructed within
a subdivision be of the type as specified in this section.
(9)
Alternate pavement types. In areas where alternate
pavement types are proposed or desired for decorative purposes because
of physical restrictions on existing conditions or because of limitations
or shortages in certain types of construction materials, a detail
of the type and/or location of alternate pavement types proposed shall
be submitted for approval with the tentative and/or final plat. The
use of alternate pavement types may only be permitted if the applicant
submits for review and approval details and specifications concerning
the equipment, materials and methods proposed for use and if the Township
Engineer has inspected the installation of and tested and approved
a suitable sample section of such pavement. In the event that the
Township Engineer does not approve the sample section of pavement,
the subdivider shall remove the same section and replace it with a
type of pavement permitted by this chapter or such other alternate
as may be approved by the Planning Board.
E.
Curbs and gutters.
(1)
General requirements. The Planning Board may
require curbs and gutters to be constructed along both sides of every
street within a subdivision. Any existing properties damaged by curb
construction shall be repaired to the standards herein and/or as shown
on the final plat. Where one side of the subdivision boundary shall
be constructed only on the subdivision side, curbs and/or combinations
of curb and gutter shall be constructed of concrete having a twenty-eight-day
compressive strength of 4,500 pounds per square inch in accordance
with the requirements of the Standard Specifications. Preformed bituminous
cellular-type joints filled 1/2 inch thick and cut to match the cross
section of the curb shall be used at all expansion joints at intervals
not greater than 20 feet. Intermediate plate joints shall be provided
at intervals not exceeding 10 feet. At places where the concrete curb
shall be placed to match the paving joints, intermediate joints shall
be placed so as to create equal curb panels not longer than 20 feet.
When a concrete curb and gutter are required, the gutter shall be
eight inches thick and shall be constructed of concrete having a twenty-eight-day
compressive strength of 4,500 pounds per square inch. Joints in the
gutter shall be formed simultaneously with joints in the curb. Curb
and combination curb and gutter cross sections shall be shown. The
requirements of the Standard Specifications regarding curing precautions
must be strictly observed.
(2)
Use of combination curb and gutter. Use of a
combination curb and gutter will be allowed in all areas and required
in those areas having a bituminous pavement with profile grade greater
than 5%, with the following exceptions:
(a)
Both sides of a street for the entire block
length shall be constructed with one type of curb; that is, where
only a portion of a block is required to have a combination curb and
gutter, the entire block shall be constructed using the combination
curb and gutter.
(b)
Where 50% or more of the curb length of any
street would be required to have a combination curb and gutter, the
entire street shall be constructed with the combination curb and gutter.
(c)
Where 50% or more of any subdivision is required
to have a combination curb and gutter, the entire subdivision shall
be constructed with a combination curb and gutter.
(3)
Timing of curb construction. In areas with bituminous
concrete pavement, the required curb and/or curb and gutter shall
be constructed prior to the construction of the bituminous base courses.
Any required repairs to curbs and/or combination curbs and gutters
which are not suitable for acceptance shall be made prior to construction
of the final pavement wearing course. In those areas having portland
cement concrete pavement, the curb shall be constructed after the
construction and curing of the portland cement concrete pavement.
(4)
Alternate curb types. In certain instances it
may be necessary or desirable to construct alternate curb types. For
example, these may be required by the Planning Board on the perimeter
of channelizing islands or in areas of unusually heavy gutter drainage
flow or may be desired by the subdivider for decorative purposes or
to preserve vegetation, e.g., granite block curb, rolled concrete
curb, etc. If alternate curb types are to be permitted, an appropriate
construction detail shall be submitted for approval with the tentative
and final plat. A continuous slip-formed curb or a combination curb
and gutter may be permitted if such is considered to be desirable
by the Township Engineer. The use of a continuous slip-formed curb
or a combination curb and gutter may only be permitted if the applicant
submits for review and approval details and specifications concerning
equipment, materials and methods proposed for use, and if the Township
Engineer has inspected the installation of and tested and approved
as suitable a sample section of curb or combination curb and gutter,
the subdivider shall remove the sample section and replace it with
a type of curb or curb and gutter permitted by this chapter or such
other alternate as may be approved by the Planning Board.
F.
Parking lots. Parking lots shall be constructed with
a minimum of two inches of fine aggregate bituminous concrete surface
course and four inches of bituminous stabilized base, unless otherwise
approved by the Planning Board with such other requirements as approved
by the Planning Board.
G.
Sidewalks and aprons.
(1)
General requirements. Sidewalks shall be constructed
on both sides of all streets within a subdivision and entirely around
the perimeter of all culs-de-sac. Where the subdivision abuts one
side of an existing street, the sidewalk shall be constructed only
on that side. Sidewalks shall also be constructed at any other places,
such as pedestrian walkways or access points to open space, as shown
on or required at the approval of the final plat.
(2)
Location. Sidewalks shall generally be located
within the roadway right-of-way with the sidewalk edge farthest from
the roadway placed one foot from the property line. In cases where
topography dictates or a proposed subdivision provides for the extension
of an existing street or abuts an existing street, where sidewalks
have already been installed in a location other than as specified
above, or where such variations in sidewalk locations are needed to
preserve trees or natural features, the Planning Board may approve
alternate sidewalk locations in order to provide for the preservation
of physical features or the continuation of the existing sidewalks.
(3)
Sidewalk construction. Sidewalks shall be four
feet wide and four inches thick, except that when crossing driveways
the thickness shall be increased to six inches. Where the Planning
Board determines that a sidewalk may be subject to unusually heavy
pedestrian traffic, it may require that the width be increased to
a maximum of eight feet, except for two-way bike paths. All sidewalk
construction shall be in accordance with the applicable requirements
of the Standard Specifications. Concrete shall be Class A, air-entrained.
One-half-inch-thick preformed bituminous cellular joint fillers shall
be placed at intervals not exceeding 20 feet. Dummy (formed) joints
shall be cut into the concrete sidewalk between the expansion joints
at equal intervals not exceeding the width of the sidewalk. The sidewalk
subgrade shall be compacted prior to the placement of any sidewalk.
Any unsuitable material encountered in the subgrade shall be removed
and replaced with suitable material acceptable to the Engineer. All
six-inch sidewalk areas crossing driveways shall be reinforced at
the midpoint of the sidewalk section. Reinforcement shall be welded
wire fabric (66-1212) or an equivalent approved by the Township Engineer.
(4)
Apron construction. Reinforced concrete aprons
shall be constructed at all driveways between the concrete curb, or
combination curb and gutter, and the concrete sidewalk. Such aprons
shall be six inches thick and shall be reinforced with welded wire
fabric (66-1212) or an equivalent approved by the Township Engineer
located at the midpoint of the apron section. Concrete shall be Class
C, air-entrained. The width of the apron at the curbline shall be
not less than the width of the driveway plus 10 feet or a minimum
of 20 feet, whichever is greater.
(5)
Driveway depressions. At each driveway, the
concrete curb or combination curb and gutter shall be depressed to
form a driveway opening. The depression shall be 20 feet long or equal
in length to the width of the driveway plus 10 feet, whichever is
greater. The depression shall be smoothly formed to maintain a lowered
curbface across the depression of at least one inch but not more than
two inches. The bottom of the curb shall be lowered to maintain full
curb depth across the depression. If a driveway is installed in an
area which does not have depressed curbing, the entire curbing shall
be removed and replaced to the next existing curbing joints.
(6)
Alternate sidewalk or apron types and/or locations.
In areas where alternate sidewalk or apron types and/or locations
are proposed or desired either for decorative purposes or because
of physical restrictions or existing conditions, a detail of the type
and/or location of sidewalk and apron proposed shall be submitted
for approval with the tentative and/or final plat. The color of all
concrete shall be the natural, normal color of concrete. Continuous
slip formed sidewalks may be permitted if such is considered to be
desirable by the Township Engineer. The use of continuous slip formed
sidewalks may only be permitted if the applicant submits for review
and approval details and specifications concerning the equipment,
materials and methods proposed for use and if the Township Engineer
has inspected the installation of and tested and approved a suitable
sample section of such sidewalk. In the event that the Township Engineer
does not approve the sample section of continuous slip-formed sidewalk,
the subdivider shall remove the sample section and replace it with
a type of sidewalk permitted by this chapter or such other alternate
as may be approved by the Planning Board.
(7)
A depressed pedestrian ramp shall be provided
on the tangent side of all curb returns except where waiver of this
requirement is approved by the Planning Board.
H.
Concrete requirements.
(1)
All concrete used in the work of the subdivision
shall be prepared in accordance with the requirements of the Standard
Specifications for the various classes of concrete used, except that
the twenty-eight-day compressive strength of the concrete used shall
not be less than the following:
(2)
Unless specific written permission is obtained
from the Township Engineer to the contrary, only concrete obtained
from dry-batched redi-mixed trucks shall be allowed.
I.
Storm drainage facilities.
(1)
General requirements. All storm drainage facilities
shall be constructed in accordance with the applicable requirements
of the Standard Specifications. The subdivider or his engineer shall
submit complete calculations, specifications, plans and details for
all proposed storm drainage facilities. Any field samples or laboratory
tests required to document the conclusions of such calculations shall
be performed at the sole expense of the subdivider.
(2)
Storm drain pipe. All storm drain pipe shall
be either slip-joint-type reinforced concrete or, subject to the restrictions
herein, fully coated, invert paved, corrugated metal steel culvert
pipe meeting the requirements of the Standard Specifications and of
a wall thickness sufficient to meet the proposed conditions of service,
but in any event, no wall thickness less than Class 3. Wall B for
concrete pipe or No. 14 gauge for corrugated metal steel pipe shall
be allowed. Generally, concrete pipe will be used except in areas
of steep grades or other restrictive physical conditions where corrugated
metal or other types of pipe may be permitted. No concrete pipe may
be laid on grades exceeding 10%. Concrete pipe below 30 inches, or
equivalent, in size will be jointed using a mortared joint in accordance
with the specifications. Concrete storm drain pipe 30 inches in diameter
or larger will be jointed using a preformed bituminous mastic pressure-type
joint sealer or rubber-ring-type joint or other equivalent approved
joint. All corrugated metal pipe shall be fully bituminous coated
with paved invert and a gauge meeting the requirements of the Standard
Specifications sufficient for the proposed service. All storm drains
shall be tangent between inlets, manholes or other structures. Prior
to laying any storm drains, the bottom of all trenches shall be inspected
by the Township Engineer. Should the Engineer determine that the trench
is unsuitable for the placement of the pipe, the subdivider shall
take all necessary action to remove or eliminate any unsuitable conditions.
These may include but are not limited to excavation and backfill with
suitable material, placement of bedding material, construction of
pipe cradles or such other action necessary to remove all unsuitable
conditions. Proposed storm drainage installations which do not conform
to the above must be fully detailed and approved as part of the final
plat.
(3)
Inlets and manholes. Inlets and manholes shall
be constructed where required in accordance with the requirements
of the Standard Specifications and Standard Construction Details.
(4)
Headwalls. All pipe terminations shall be provided
with poured concrete headwalls, precast concrete end sections or corrugated
metal end sections in accordance with the approved final plat. Poured
concrete headwall shall be wing-type headwalls with aprons in accordance
with the Standard Construction Details.
(5)
Prior approvals. Where the approval of any other
jurisdiction (e.g., county, Water Policy and Supply Council or others)
is required for any proposed drainage facility, such approval shall
be obtained prior to the granting of final approval. The Planning
Board shall have the right to require more stringent conditions than
those imposed by other jurisdictions for such drainage improvements
in accordance with the provisions of this chapter.
J.
Shade trees.
(1)
All trees planted in accordance with the provisions
of this chapter or as required by the Planning Board shall be placed
in a proper manner and in a good grade of topsoil and within the area
of the tree well at the point where the tree is planted. In the event
that any individual person or group of individual persons desires
to plant a tree(s) in a tree well or within the jurisdiction of the
North Brunswick Township Shade Tree Commission, such person or persons
may do so; provided that they conform to the provisions of this chapter,
and further provided that permission of the said North Brunswick Township
Shade Tree Commission is obtained.
(2)
All shade trees to be hereafter planted in accordance
with this chapter shall be nursery grown, of substantially uniform
size and shape and shall have straight trunks. Ornamental trees need
not have straight trunks, but must conform in all other respects with
the provisions for trees and tree plantings outlined in this chapter.
(3)
All trees planted pursuant to this chapter shall
be planted in a dormant state.
(4)
Subsequent or replacement plants shall conform
to the type of existing tree in a given area, provided that if any
deviation is anticipated, it must be done only with the permission
of the North Brunswick Township Shade Tree Commission. In a newly
planted area, only one type of tree may be used on a given street,
unless otherwise specified by the North Brunswick Township Shade Tree
Commission.
(5)
A hole in which a tree is to be planted shall
be, in each case, 1/3 larger in width and in depth than the existing
root ball of the particular tree to be planted. The hole for a tree
to be planted shall contain proper amounts of topsoil and peat moss,
but no chemical fertilizer shall be added until the tree has been
planted for one year.
K.
Landscaping.
(1)
Topsoil preservation. No topsoil shall be removed
from the site or used as spoil, except as may be provided for in a
soil removal permit issued in accordance with the ordinances of North
Brunswick Township regulating mining operations.[1] All topsoil moved during the course of construction shall
be redistributed on all regraded surfaces so as to provide an even
cover and shall be stabilized by seeding or planting. All regraded
areas shall be covered by a four-inch minimum thickness of topsoil,
and, if sufficient topsoil is not available on the site, topsoil meeting
the requirements of the Standard Specifications shall be provided
to result in a four-inch minimum thickness.
(2)
Tree removal. All tree removal shall be in accordance
with the requirements of Township ordinances.
(3)
Protection of trees. No material or temporary
soil deposits shall be placed within six feet of any trees or shrubs
designated to be retained on the tentative and/or final plat. Where
grading may be required, trees not shown for removal shall be walled-in
and extension tiled to the outer crown of the tree.
(4)
Removal of debris. All tree stumps and other
parts or other debris shall be removed from the site and disposed
of in accordance with law. No tree stumps, portions of a tree trunk
or limbs shall be buried anywhere in the subdivision. All dead or
dying trees, standing or fallen, shall be removed from the site. If
trees and limbs are reduced to chips they may, subject to the approval
of the Township Engineer, be used as mulch in landscaped areas.
(5)
Slope plantings. Landscaping of the areas of
all cuts or fills and terraces shall be sufficient to prevent erosion,
shall be approved by the Planning Board and shall be in accordance
with North Brunswick Township ordinances. All roadway slopes steeper
than one foot vertical to three feet horizontal shall be planted with
suitable cover plants combined with grass and/or sodding. Grass or
sodding alone shall not be acceptable.
(6)
Selective thinning. Throughout the subdivision,
except in areas specifically designated to remain in their natural
state, both on building lots and in open space areas for public or
quasi-public use, the subdivider shall selectively thin to remove
all dead or dying vegetation, either standing or fallen, and shall
remove, including grubbing out stumps, all undesirable trees and other
growth. The subdivider shall, in accordance with overall site development
and his proposed landscaping scheme, provided cleared, graded and
drained pathways approximately four feet wide through all public or
quasi-public open space in heavily wooded areas. Such pathways should
be sited to conform to the existing natural conditions and should
remain unobtrusive. They are not intended to provide improved walkways
but only to provide easy access to open space.
(7)
Additional trees. Besides the shade tree requirements
outlined above, additional trees shall be planted throughout the subdivision
in accordance with a planting plan approved by the Planning Board
at the time of final approval. The variety of plantings may vary from
those listed under shade tree requirements and may include flowering
types and evergreens.
(8)
Waiver. The Planning Board, after examination
and review, may waive, fully or partially, provisions of this section
for good cause shown.
(9)
Specifications. All planting, clearing, selective
thinning, topsoiling, seeding and other landscaping work shall conform
to the applicable requirements of the Standard Specifications.
L.
Water supply.
(1)
The design and construction approval of all
public and individual water supply systems or extensions of existing
systems, shall be under the jurisdiction of the Township of North
Brunswick and the State of New Jersey, respectively. Prior to the
approval of any final plat, the full approval of any public water
system must have been obtained from the appropriate parties and filed
with the Planning Board.
(2)
All lots in any major subdivision must be connected
to a public water supply.
M.
Sewage disposal.
(1)
The design and construction or approval of all
public systems or extensions of existing systems, either publicly
or privately owned, shall be under the jurisdiction of the Township
of North Brunswick.
(2)
In the event that the Planning Board determines
that the lots in any major subdivision cannot be served at the time
of application by a public sewage disposal system, septic systems
may be installed, provided that:
(a)
The requirements of state statutes, including
the New Jersey Realty Improvements Act, are met.
(c)
The lot use conforms to the requirements herein.
(d)
If any existing land drainage structures, such
as French drains, are encountered during the course of construction
of any subdivision, no septic system or any part thereof shall be
installed on any lot within 400 feet thereof without the prior approval
of the Township of North Brunswick Board of Health. Such approval
shall only be granted if new percolation tests, taken at least two
months after such drainage structures are removed, show that satisfactory
soil conditions exist and that installation of such septic system
in the area affected by the removal of the drainage structures will
not be detrimental to the health of the Township residents or cause
pollution of any of its waters.
N.
Streetlighting. Streetlights shall be of a type approved
by resolution of the Township Council and by the electric utility
company serving the proposed subdivision. The subdivider shall pay
the full cost for initial installation of any streetlights. After
final acceptance, operation and maintenance costs shall be the responsibility
of the Township.
[Amended 3-19-1990]
O.
Street Signs. Street signs shall be similar to those
presently installed by the Township and shall be of a type and size
approved by the Township Council and shall be properly installed at
each street intersection. Streets signs shall be placed two per intersection,
on the near right-hand corner as viewed from both directions on the
street which is expected to carry the greatest traffic through the
intersection. Mountings shall be in accordance with the standard procedures
of the Township or with requirements adopted by the Township Council.
[Amended 3-19-1990]
P.
Fire hydrants.
(1)
A certificate of occupancy shall not be issued
for any residential structure located in an area serviced by a public
or private water company unless the distance from the midpoint of
the frontage of such premises to a functioning fire hydrant, which
has been tested and approved by the Bureau of Fire Prevention and
the Water Utilities Department[3] and shall be installed in approved locations.
(2)
Final subdivision plats shall not be approved
by the Planning Board unless fire hydrants are indicated on the final
plat in accordance with the requirements herein contained as to location
of and distances between fire hydrants.
(3)
Fire hydrants shall be located not more than
500 feet apart. The water lines to the same shall be looped, and the
plans for the same shall be approved by the Fire Subcode Official
and the Water Utilities Division.
[Amended 10-20-1986]
(4)
Installation of fire hydrants with respect to
any subdivision shall not be considered a subdivision improvement
to be included in the bonding requirements, but rather the proper
installation of fire hydrants shall be a condition of the issuance
of certificates of occupancy.
(5)
All fire hydrants shall be classified as follows:
(a)
Class A: flow capacity greater than 1,000 gallons
per minute.
(b)
Class B: flow capacity of 500 gallons per minute.
(c)
Class C: flow capacity of less than 500 gallons
per minute.
(d)
Said flow capacities are to be rated by a flow
measurement test at a period of ordinary demand, the rating to be
based on 20 pounds per square inch of residual pressure when initial
pressures exceed 40 pounds per square inch. When initial pressures
are less than 40 pounds per square inch, residual pressure shall be
at least half of the initial pressures.
Q.
Guardrails. Guardrails, pipe rolling or other appropriate
barricades, as required by the Planning Board, shall be designed and
placed at drainage structures, streams, embankment limits, curves
and other required locations. Guardrails shall be standard steel beam
type with galvanized steel posts in accordance with the Standard Construction
Details. Alternate designs and guardrails and barricades may be used
and shall be submitted for approval as part of the approval of the
final plat.
R.
Monuments and iron stakes. Monuments shall be of a
size and shape required by Section 4, Chapter 358, of the Laws of
1953,[4] and shall be placed in accordance with said statute. In
addition to the required monuments, after grading is finished, the
developer shall install a steel stake one inch in diameter and 30
inches in length on all lot corners, lot line angle points or other
changes in direction not marked by monuments and at all angle points
or discontinuities in easement lines where such easements are not
parallel to property lines.
[4]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
S.
Easements. Wherever the utility is not installed in
the public right-of-way, an appropriate utility easement not less
than 25 feet in width shall be provided.
T.
Traffic control devices. The subdivider shall, prior
to final acceptance, install all traffic control devices required
within any subdivision or, with the consent of the Township Council,
may pay to the Township Treasurer a nonrefundable sum in cash or certified
check in the amount set by the Township Engineer as equal to the cost
of all necessary traffic control devices, including but not limited
to signs, traffic lines, lights, reflectors and channelizing markers.
The number, type, legend, placement and size of all traffic control
devices shall be in accordance with the Manual on Uniform Control
Devices by the United States Department of Transportation and the
requirements of municipal, county and state regulations and shall
be according to an approved plan submitted at the time of final plat
approval. Construction details of all proposed traffic control devices
shall be in accordance with standards prepared by the Township Engineer
and approved by the Township Council.
[Amended 3-19-1990]
U.
Inspection notice. All of the above-listed public
improvements, except those utility improvements which are not the
responsibility of the Township, shall be subject to an inspection
and approval by the Township Engineer, who shall be notified by the
developer at least five days prior to the initial start of construction
and again 24 hours prior to the resumption of work after any idle
period exceeding one working day. All of the utility improvements
shall be subject to inspection and approval by the owner or an agency
controlling the utility, who shall be notified by the developer in
accordance with the utility's requirements. No underground installation
shall be covered until it is inspected and approved by the owner of
or agency controlling the facility for utilities or by the Township
Engineer in all other cases.
[Amended 3-19-1990]
A.
General requirements. Where the Planning Board determines
that off-tract public improvements are necessary for proper development
and utilization of the proposed subdivision and the surrounding area,
it may require the subdivider to install or contribute to the installation
of off-tract public improvements. Where the Planning Board has determined
that off-tract public improvements are required, the subdivider, prior
to the granting of final approval, shall have constructed or made
payments toward the ultimate installation of off-tract public improvements,
such as but not limited to streets, curb and gutters, sidewalks, water
mains, sanitary sewers, storm sewers and culverts, monuments and streetlights,
all in accordance with the specifications governing on-site public
improvements. Required off-tract public improvements shall be based
upon adopted circulation plans and comprehensive utility plans for
the Township.
[Amended 3-19-1990]
B.
Cost allocation. The Planning Board shall allocate
the cost of said off-tract public improvements in accordance with
the standards hereinafter set forth. The improvement of a stream and/or
widening of a street or road fronting on the tract to be subdivided
shall not constitute an off-tract public improvement, and the cost
of said improvement shall not be allocated.
[Amended 3-19-1990]
(1)
The allocation of cost for off-tract public
improvements shall be determined in accordance with the following:
(a)
The Planning Board may consider the total cost
of the off-tract public improvements, the benefits conferred upon
the subdivision, the needs created by the subdivision population and
land use projections for the general areas of the subdivision and
other areas to be served by the off-tract public improvements, the
estimated times of construction of off-tract public improvements and
the condition and periods of usefulness. The Planning Board may further
consider the criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements
may be based upon the anticipated increase of traffic generated by
the 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 subdivision and anticipated
thereto.
(c)
Drainage facilities may be based upon the percentage
relationship between the 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 subdivision
bears to the total design capacity of any public improvement, the
particular methods to be selected in each instance by the Township
Engineer.
(d)
Sewerage facilities shall be based upon a proportion
as determined by the current rules and regulations of the North Brunswick
Mayor and Council.
(2)
All moneys received by the Township in accordance
with the provisions of this section shall be paid to the Township
Treasurer, who shall provide for a suitable depository therefor. Such
funds shall be used only for the public improvements for which they
are deposited or public improvements serving the same purposes, unless
such public 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 Township.
(3)
The apportionment of costs shall be determined
by the Planning Board. The subdivider shall be afforded an opportunity
before said Board to present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section
shall preclude the Township from assessing any property benefitting
from installation of any off-tract improvements as provided in this
Article pursuant to the provisions of the New Jersey Revised Statutes,
allowance being made to the respective parcels of realty for payments
herein.
A.
General requirements. All public improvements, except
as otherwise provided, shall be subject to inspection and approval
by the Township Engineer. No underground installation shall be covered
until inspected and approved by the Township Engineer or those agencies
having jurisdiction over the particular installation. If such installation
is covered prior to inspection, it shall be uncovered or other inspection
means used, such as television or other pipeline camera, as may be
deemed necessary by the Township Engineer, and charges for such work
will be paid by the subdivider.
[Amended 3-19-1990]
B.
Inspection not acceptance. Inspection of any work
by the Township Engineer or his authorized representative shall not
be considered to be final approval or rejection of the work, but shall
only be considered to be a determination of whether or not the specific
work involved was being done to Township specifications or other required
standards at the time of inspection. Any damage to such work or other
unforeseen circumstances, such as the effect of the weather, other
construction, changing conditions, settlement, etc., between the time
of installation and the time that the developer wishes to be released
from his performance guaranty, shall be the full responsibility of
the developer, and no work shall be considered accepted until release
of the performance guaranty.
C.
Payment to contractors. No developer shall enter into
any contract requiring the Township Council, the Township Engineer
or any of their agents, employees or other representatives to make
any declarations, written or otherwise, as a condition of payment
of said developer to a contractor as to the acceptance or rejection
of the work. Neither the Township Council, the Township Engineer nor
any of their agents, employees or representatives shall make any such
declaration.
[Amended 3-19-1990]
D.
Procedure on acceptance of public improvements.
[Amended 4-7-1980; 3-19-1990]
(1)
When the subdivider has constructed and installed
the streets, drainage facilities, curbs, sidewalks, street signs,
monuments and other improvements in accordance with Township regulations,
standards and specifications and desires the Township to accept said
public improvements, he shall notify the Township Council, in writing,
by certified mail addressed in care of the Township Clerk, of the
completion of said public improvements, with copies thereof to the
Township Engineer, requesting inspection of the public improvements.
The Township Engineer shall inspect the public improvements as directed
by the Township Council and shall file a detailed written report indicating
approval, partial approval or rejection of the public improvements.
The Township Engineer's report may be filed subsequent to any public
hearing which is held concerning said public improvements pursuant
to this section. The Township Council shall notify the subdivider,
in writing, by certified mail, of the action to be taken not later
than 45 days after receipt of the Township Engineer's report that
public improvements have been completed. However, any request by the
developer/subdivider for postponement or adjournment of the decision
to be made on the release or reduction request, inspection or public
hearing shall eliminate the forty-five-day action requirement, and
the developer shall be required to renew his request thereafter. If
the public improvements have been constructed under a performance
guaranty after approval of a final plat, the subdivider shall submit
an as-built plan showing as-built grades, profiles and sections and
location of all subsurface utilities, such as French drains, combination
drains, sanitary sewage disposal systems, both public and individual
waterlines and control valves, gas lines, telephone conduits, monuments,
property iron markers and any other utilities or public improvements
which are constructed prior to final plat approval, and the final
plat shall reflect all changes and as-built conditions and be so certified.
Said as-build plan(s) shall be submitted on reproducible media.
[Amended 6-7-1993]
(2)
Prior to any request for release or reduction
of the performance guaranty, the subdivider shall file the as-built
plans with the Township Engineer. The subdivider shall also submit
digital vector data of all bonded utilities associated with the project,
in New Jersey State Plane Coordinate System NAD83 in or compatible
with one of the following formats: AutoCAD drawing (DWG), ESRI shapefile
or Drawing Exchange (DXF) format. Thereafter the subdivider/developer
shall, in writing to the Township Clerk, submit a request for release
or reduction of the performance guaranty. The request shall state
either the percentage of the original performance guaranty amount
sought to be reduced or that complete release of the performance guaranty
is requested. In the event that the request is for a complete release
of the performance guaranty or for a reduction of the performance
guaranty which would result in 30% or less of the original performance
guaranty amount to remain in effect, the developer shall determine
from the Township Clerk the date when the Township Council shall hold
a public hearing on the release or reduction of the performance guaranty,
said date to be fixed during the period within 45 days following the
submission by the developer of such as-built tracings and written
request to the Township Clerk. At least 10 days prior to the date
fixed for said hearing by the Township Clerk, the subdivider shall
notify, by certified mail or personal service, each property owner
within the development and shall cause to be advertised in the Township's
official newspaper a notice of the time and place of the hearing during
which the Township Council will consider the release of the subdivider's
performance bond. At least one week prior to said hearing, the subdivider
shall submit and file with the Township Clerk a listing of all property
owners within the development upon whom notice was served; photostats
or other acceptable reproduction copies of all receipts for certified
mail or an affidavit stating that personal service was made and indicating
the method of personal service that was utilized; and proof in affidavit
form of publication in the Township's official newspaper. In the event
that the request is for a complete release of the performance guaranty
or for a reduction of the performance guaranty which would result
in 30% or less of the original performance guaranty amount to remain
in effect, the request shall be accompanied by a certification of
the developer/subdivider that all of the public improvements covered
under the performance guaranty have been completed. Any such request
not accompanied by the required certification shall be rejected by
the Township Clerk.
[Amended 6-7-1993; 11-14-2005 by Ord. No. 05-34]
(3)
The Township Council shall approve, partially
approve or reject the developer's request for release or reduction
of the performance guaranty based upon a determination as to whether
those public improvements coming within the scope of the performance
guaranty have been completed in accordance with the municipal requirements
which may be established by the various municipal agencies having
jurisdiction and in accordance with all agreements, conditions of
approval and other requirements of the various municipal agencies
having jurisdiction. The public improvements generally included within
the scope of the performance guaranty constitute items as specifically
enumerated in the performance guaranty to be accepted by the Township.
Additional items which shall be included within the scope of the performance
guaranty are all nonpublic improvements whose operation may substantially
affect or decrease the life of any and all public improvements included
within the scope of the performance guaranty.
E.
Procedure on release of performance bond for private
site work improvements.
[Added 6-7-1993]
(1)
When the subdivider has constructed and installed
the private site work improvements in accordance with Township regulations,
standards and specifications and desires the Township to accept said
private site work improvements, he shall notify the Township Council,
in writing, by certified mail addressed in care of the Township Clerk,
of the completion of said private site work improvements, with copies
thereof to the Township Engineer, requesting inspection of the private
site work improvements. The Township Engineer shall then inspect the
private site work improvements as directed by the Township Council
and shall file a written report indicating whether the private site
work improvements have been installed, which report shall in part
be based upon the as-built drawing for subsurface utilities. The Township
Engineer's report may be filed subsequent to any public hearing which
is held concerning said private site work improvements pursuant to
this section. The Township Council shall notify the subdivider, in
writing, by certified mail, of the action to be taken not later than
45 days after receipt of the Township Engineer's report. However,
any request by the developer/subdivider for postponement or adjournment
of the decision to be made on the release or reduction request, inspection
or public hearing shall eliminate the forty-five-day action requirement,
and the developer shall be required to renew his request thereafter.
Said as-built plans shall be certified to by the applicant's professional
engineer. Said as-built plan(s) shall be submitted on reproducible
media.
(2)
Prior to any request for release of the private
site work performance guaranty, the subdivider shall file the as-built
plans with the Township Engineer. The subdivider shall also submit
digital vector data of all bonded utilities associated with the project,
in New Jersey State Plane Coordinate System NAD83 in or compatible
with one of the following formats: AutoCAD drawing (DWG), ESRI shapefile
or Drawing Exchange (DXF) format. Thereafter the subdivider/developer
shall, in writing to the Township Clerk, submit a request for release
or reduction of the performance guaranty. The developer shall determine
from the Township Clerk the date when the Township Council shall hold
a public hearing on the release or reduction of the performance guaranty,
said date to be fixed during the period within 45 days following the
submission by the developer of such as-built tracings and written
request to the Township Clerk. At least 10 days prior to the date
fixed for said hearing by the Township Clerk, the subdivider shall
notify, by certified mail or personal service, each property owner
within the development and shall cause to be advertised in the Township's
official newspaper a notice of the time and place of the hearing during
which the Township Council will consider the release of the subdivider's
private site work performance bond. At least one week prior to said
hearing, the subdivider shall submit and file with the Township Clerk
a listing of all property owners within the development upon whom
notice was served; photostats or other acceptable reproduction copies
of all receipts for certified mail or an affidavit stating that personal
service was made and indicating the method of personal service that
was utilized; and proof in affidavit form of publication in the Township's
official newspaper.
[Amended 11-14-2005 by Ord. No. 05-34]
(3)
The Township Council shall approve or reject
the developer's request for release or reduction of the performance
guaranty based upon determination as to whether those private site
work improvements coming within the scope of the performance guaranty
have been completed in accordance with the municipal requirements
which may be established by the various municipal agencies having
jurisdiction and in accordance with all agreements, conditions of
approval and other requirements of the various municipal agencies
having jurisdiction. The private site work improvements generally
included within the scope of the performance guaranty constitute items
as specifically enumerated in the performance guaranty to be accepted
by the Township.
[Amended 3-19-1990]
B.
Modification of public improvements. At any time,
whether as a result of his inspection of work underway or otherwise,
the Township Engineer may recommend that the subdivider be required
to modify the design and extent of the public improvements required,
notifying the Planning Board of his recommendations. The Planning
Board shall, if it considers such modifications to be major or if
requested by the subdivider or the Township Engineer, take formal
action to approve or disapprove such recommendations; provided, however,
that it must first afford the subdivider an opportunity to be heard.
If the Board takes no formal action within 30 days of such recommendations,
or where the subdivider has not requested formal Planning Board action,
its approval will be assumed. Similarly, the Planning Board may grant
or deny the subdivider permission to effect such modification upon
his application and the Township Engineer's approval. In either event,
where such modification is to be effected, the appropriate subdivision
map or plat must be revised by the subdivider or his engineer to reflect
such modification, and six copies thereof must be submitted to the
Township Engineer, who shall transmit two copies to the Secretary
of the Planning Board.
[Amended 3-19-1990; 6-7-1993; 11-14-2005 by Ord.
No. 05-34; 9-4-2018 by Ord. No. 18-11]
A.
Before recording final subdivision plats or recording of minor subdivision
deeds or as a condition of a final site plan approval or as a condition
to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65,
the Planning Board or Zoning Board of Adjustment may require and shall
accept, in accordance with the standards adopted herein, for the purpose
of assuring the installation and maintenance of certain on-tract public
improvements:
(1)
Performance guaranty required.
(a)
The furnishing of a performance guaranty in favor of the Township
of North Brunswick in an amount equal to 120% of the cost of only
those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed, which cost shall be determined by the
developer and approved by the Municipal Engineer, according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following
improvements as shown on the approved plans or plat: streets, pavement,
gutters, curbs, sidewalks, street lighting, street trees, surveyor's
monuments, as shown on the final map and required by the Map Filing
Law, P.L. 1960, c. 141,[1] water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(b)
The performance guaranty may also be required to include, at
the discretion of the Township, Planning Board or Zoning Board of
Adjustment, a guaranty for the installation of privately owned perimeter
buffer landscaping. A separate performance guaranty, if required,
shall be posted for the privately owned perimeter buffer landscaping
or may be included in the performance guaranty for the bonded public
improvements. The developer shall prepare an itemized cost estimate
of the improvements covered by the performance guaranty for review
and approval by the Municipal Engineer, which improvements shall be
appended to each performance guaranty posted by the obligor. The developer
shall also submit digital vector data of all bonded as-built utilities
associated with the project, in New Jersey State Plane Coordinate
System NAD83 in or compatible with one of the following formats: AutoCAD
drawing (DWG), ESRI shapefile or Drawing Exchange (DXF) format.
(2)
The developer shall post with the Township, prior to the release
of the performance guaranty, a maintenance guaranty in an amount equal
to 15% of the cost of the installation of the improvements covered
under the performance guaranty, along with the following private site
improvements: stormwater management basins, inflow and water quality
structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which itemized cost shall
be determined by the developer and approved by the Municipal Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
The term of the maintenance guaranty shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
(3)
The furnishing of a safety and stabilization guaranty in favor
of the Township of North Brunswick to ensure that the Township has
an adequate guaranty to return the property that has been disturbed
to a safe and stable condition or otherwise implement measures to
protect the public from access to an unsafe or unstable condition.
The Township shall be permitted to access the guaranty when site disturbance
has commenced and, thereafter, all work on the development has ceased
for a period of at least 60 consecutive days following such commencement
for reasons other than force majeure, and work has not recommenced
within 30 days following the provision of written notice by the Township
to the developer of the Township's intent to claim payment under the
guaranty. At the developer's option, the safety and stabilization
guaranty may be included as a line item for safety and stabilization
in the performance guaranty rather than in the form of a separate
guaranty. The amount of the safety and stabilization guaranty shall
be calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:
B.
The time allowed for installation of the bonded improvements for
which the performance guaranty has been provided may be extended by
the governing body by resolution. As a condition or part of any such
extension, the amount of any performance guaranty shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of the installation as determined by the developer and approved
by the Municipal Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
C.
If the required bonded improvements are not completed or corrected
in accordance with the performance guaranty, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements.
D.
Approved bonded 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 notify
the governing body, in writing, by certified mail addressed in care
of the Municipal Clerk, of the completion or substantial completion
of bonded improvements and shall send a copy thereof to the Municipal
Engineer. The request shall indicate which bonded improvements have
been completed and which bonded improvements remain uncompleted in
the judgment of the obligor. Thereupon, the Municipal Engineer shall
inspect all bonded improvements of which such notice has been given
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of such
improvements with a statement of reasons for any rejection. The cost
of the improvements as approved or rejected shall be set forth.
(2)
The governing body, by resolution, shall either approve the
bonded improvements determined to be complete and satisfactory by
the Municipal Engineer or reject any or all of these bonded 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 guaranty relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guaranty. 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 guaranty with respect to
those approved bonded 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 total performance
guaranty and safety and stabilization guaranty posted may be retained
to ensure completion and acceptability of all improvements. The safety
and stabilization guaranty shall be reduced by the same percentage
as the performance guaranty is being reduced at the time of each performance
guaranty reduction.
(3)
For the purpose of releasing the obligor from liability pursuant to its performance guaranty, the amount of the performance guaranty attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate which formed the basis of the performance guaranty and appended to the performance guaranty pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guaranty, then the municipality may retain 30% of the amount of the total performance guaranty and safety and stabilization guaranty to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guaranty attributable to bonded improvements for which a temporary certificate of occupancy guaranty has been posted shall be released from the performance guaranty even if such release would reduce the amount held by the municipality below 30%.
E.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements, and
upon completion, the same procedure of notification as set forth in
this section shall be followed.
F.
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.
G.
Inspection fees.
(1)
The obligor shall reimburse the municipality for reasonable
inspection fees paid to the Municipal Engineer for the foregoing inspection
of the improvements, which fees shall not exceed the sum of the amount
set forth in N.J.S.A. 40:55D-53. The municipality may require the
developer to post the inspection fees in escrow in an amount calculated
as follows: except for extraordinary circumstances, the greater of
$500 or 5% of the cost of improvements subject to a performance guaranty,
plus an amount not to exceed 5% of the cost of private site improvements
not subject to a performance guaranty, which cost shall be determined
pursuant to N.J.S.A. 40:55D-53.4. If the inspection fees required
are less than $10,000, the developer shall have the option of paying
same in two equal installments with the initial amount deposited to
be 50% of the inspection fees. When the balance of inspections fees
on deposit reaches 10%, the remaining installment shall be due and
payable. If the inspection fees required are $10,000 or greater, the
developer shall have the option of paying same in up to four installments
with the initial amount deposited to be 25% of the inspection fees.
When the balance of inspection fees on deposit reaches 10%, the developer
shall make additional deposits of 25% of the inspection fees.
(2)
If the Township determines that the amount in escrow for the
payment of inspection fees, as calculated herein, is insufficient
to cover the cost of additional required inspections, the Township
may require the developer to deposit additional funds in escrow, provided
that the Township delivers to the developer a written inspection escrow
deposit request, prepared by the Municipal Engineer, which informs
the developer of the need for additional inspections, details the
items or undertakings that require inspection, estimates the time
required for those inspections, and estimates the cost of performing
those inspections.
(3)
In the event that final approval is by stages or sections of
development pursuant to Subsection (a) of Section 29 of the Municipal
Land Use Law (N.J.S.A. 40:55D-38), the provisions of this section
shall be applied by stage or section.
H.
Temporary certificate of occupancy guaranty.
(1)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guaranty, referred to herein as a "temporary certificate of occupancy guaranty," in favor of the Township of North Brunswick in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guaranty. Upon posting of a temporary certificate of occupancy guaranty, all sums remaining under a performance guaranty, required pursuant to § 205-133.6 of the North Brunswick Code, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released.
(2)
The scope and amount of the temporary certificate of occupancy
guaranty shall be determined by the Construction Code Official, Zoning
Officer, Municipal Engineer, or any other municipal official designated
by ordinance. The temporary certificate of occupancy guaranty shall
be released by the Construction Code Official, Zoning Officer, Municipal
Engineer, or other municipal official designated by ordinance upon
the issuance of a permanent certificate of occupancy with regard to
the development, unit, lot, building, or phase as to which the temporary
certificate of occupancy relates.
I.
If the property or any part of same is sold, or otherwise conveyed
to a successor developer prior to the completion and acceptance of
all improvements, an assignment of developer's agreement and new performance,
maintenance or other guaranties shall be required from the new owner
or successor developer. Upon the transfer of ownership of property
that is the subject of a construction permit, and prior to beginning
or continuing work authorized by the construction permit, the new
owner or successor developer shall file with the Building Department
an application for a permit update to notify the Building Department
of the name and address of the new owner or successor developer and
of all other changes to information previously submitted to the Building
Department. The Building Department shall not approve the application
for a permit update until it receives notification from the governing
body, or its designee, that the new owner or successor developer has
furnished adequate replacement performance, maintenance or other guaranties
and assignment of developer's agreement.
[1]
Editor’s Note: Former § 205-133.7, Maintenance
guaranty, was repealed 9-4-2018 by Ord. No. 18-11.
A.
It shall be the responsibility of the developer to
maintain the entire subdivision in a safe and orderly condition during
construction. Necessary steps shall be taken by the subdivider to
protect occupants of the subdivision and the general public from hazardous
and unsightly conditions during the entire construction period. These
steps shall include, but are not limited to, the following:
(1)
Open excavation shall be enclosed by fencing
or barricades during nonconstruction hours. Movable barricades shall
be equipped with yellow flashing hazard markers or other lighting
during hours of darkness.
(2)
Excavation of previously installed sidewalk
and pavement areas which provide access to occupied buildings in the
subdivision shall be clearly marked with signs and barricades. Alternate
safe access shall be provided for pedestrians and vehicles to the
occupied buildings.
(3)
Materials stored on the site shall be screened
from the view of occupants of the subdivision and adjoining streets
and properties.
(4)
Construction equipment, materials and trucks
shall not be stored within 150 feet of occupied buildings in the subdivision
and adjoining streets and properties during nonconstruction hours.
(5)
Safe vehicular and pedestrian access to occupied
buildings in the subdivision shall be provided at all times.
(6)
Construction activities which create dust, fumes,
odor, smoke, vibration or glare noticeable on occupied lots in the
subdivision and adjoining properties and streets shall not be permitted.
(7)
Construction activities which will result in
damage to trees and landscaping on occupied lots in the subdivision
or adjoining properties shall not be permitted.
(8)
All locations and activities in the subdivision
which present potential hazards shall be marked with signs indicating
the potential hazard.
(9)
Unsightly construction debris, including scrap
materials, cartons, boxes and wrappings must be removed daily at the
end of each working day.
(10)
Construction traffic control devices shall be
provided in accordance with the Uniform Manual of Traffic Control
Service, with any subsequent addendum, as approved by the New Jersey
Department of Transportation.
(11)
Snow shall be removed from all streets and roadways
not yet accepted by the Township but used by residents of the development
within 12 hours after daylight after any such street or roadway is
covered with snow or ice, and if same cannot be wholly removed from
such streets and roadways, sand, salt or other proper substance shall
be sprinkled thereon so that such street or roadway shall be safe
for travel. This obligation shall commence upon the first occupancy
of the development.
[Added 5-5-2003 by Ord. No. 03-17]
B.
Should the developer fail in his obligation to maintain
the subdivision in a safe and orderly condition, the Township may,
on two days' written notice, or immediately in the case of hazard
to life, health, or property, undertake whatever work may be necessary
to return the subdivision to a safe and orderly condition. The cost
thereof shall be charged against the performance guaranty.
[Amended 3-19-1990]
A.
Before any subdivider transfers or assigns any of
his interest in any tentative or final approval of any subdivision,
he must notify the Township Council and supply detailed information
with regard to the name, address, principals, type of organization,
competency, experience and past performance of the assignee, transferee
or agent. Notice of such assignment or transfer shall be given at
least 10 days prior to its effective date, and the assignee must be
made acquainted with all the conditions of approval, and the subdivider
shall so certify.
B.
No contractor, builder, developer or subcontractor
shall engage any personnel in any of the work on constructing any
public improvements on the site of the subdivision unless they are
continually supervised by a competent supervisor acceptable to the
Township Engineer.
C.
Not less than five days prior to commencing construction
of any public improvements on the site, the subdivider or his agent
shall provide the Township Engineer with the names, addresses, phone
numbers and emergency phone numbers of the subdivider and/or a representative
empowered to act for the subdivider and of each contractor and the
supervisor in charge of the construction, setting forth the aspect
of construction for which each is responsible.
