[Added by Ord. No. 946]
This article shall be known and may be cited
as the "Off-Tract Improvement Ordinance of the Borough of Dumont."
[Added by Ord. No. 946]
The purpose of this article shall be to provide
rules, regulations and standards for the installation of off-tract
improvements in the Borough of Dumont in order to promote the public
health, safety, convenience and general welfare of the municipality.
[Added by Ord. No. 946]
The words and phrases used hereafter in this
article shall be deemed to have the same meanings as set forth in
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and any subsequent
amendments or supplements thereto.
[Amended by Ord. No. 867; Ord. No. 946]
A. An off-tract improvement shall be required where either
the existing facilities serving the area or subarea are already operating
at a deficient level of service, or the inclusion of the new development
will make such present level of service deficient according to engineering
standards utilized in determining such levels of service.
B. Prior to the granting of final subdivision or site
plan approval by the approving authority, the subdivider or on-site
applicant shall have installed or shall have furnished a performance
guaranty as herein provided for the ultimate installation of the following:
(1) Streets, including grading and paving.
(5) Sewage disposal systems, storm drains, culverts, water
mains and hydrants.
(6) Shade tree and landscape buffers.
C. All improvements shall be subject to inspection and
approval by the Borough Engineer who shall be notified at least 48
hours prior to the time the inspection will be required of embankments,
drainage facilities, waterlines, sewers, pavements, sidewalks or curbs.
No underground installation shall be covered until inspected and approved
by the Borough Engineer. The Borough Engineer shall file a written
report of his findings and the date of his inspection with the approving
authority of the Borough of Dumont.
D. The design requirements for off-tract work shall be
as set forth by the Borough Engineer upon the furnishing of a complete
detailed engineering study of each of the affected properties. The
developer, upon application to the Joint Land Use Board of the Borough,
shall deposit with the Borough an engineering escrow account, the
amount of which will be set by the Borough Engineer and subject to
the approval of the Joint Land Use Board. The developer will be responsible
for the entire cost of the detailed engineering study as set forth
herein.
[Amended by Ord. No. 867; Ord. No. 946]
A. In the event that the approving authority determines
that off-tract improvements are required in connection with any subdivision
or site plan application, the approving authority shall report to
the Mayor and Council of the Borough of Dumont the following:
(1) The location, character and extent of the required
improvement.
(2) The estimated cost of such improvement.
(3) The allocation of such cost as determined in accordance with §
386-30 of this article.
(4) The terms and conditions which shall be imposed upon
the applicant to ensure the successful and reasonable implementation
of the improvements.
(5) The possible methods or means to implement the off-tract
improvement, including but not limited to performance and maintenance
guaranties, cash contributions, development agreements and other forms
of surety.
B. Action by an approving authority relating to off-tract
improvements shall be deferred until the governing body has had the
opportunity to review the recommendations of the approving authority
and has made a determination as to whether the municipality will accept
any obligations concerning such off-tract improvement. The municipality
shall not be responsible to construct, install or provide off-tract
improvements to accommodate the development of an applicant's lands.
C. When an applicant pays the amount determined as its
pro rata share of the cost of an off-tract improvement under protest,
the applicant shall institute legal action within one year of such
payment in order to preserve the right of judicial determination as
to the fairness and reasonableness of such pro rata share. No building
permit shall be issued until the expiration of said one-year period
or until such time as the applicant has waived the right to seek such
judicial determination under the provisions of this article.
D. The approving authority shall not grant final approval
on the application until an agreement has been reached between the
applicant and the Mayor and Council of the Borough of Dumont specifying:
(1) All items of public improvement to be performed by
the applicant; and
(2) The amount of the maintenance and performance bonds
to be furnished by the subdivider as herein provided.
E. Where development agreement is required governing
off-tract improvements or other conditions as may be required by this
article, or by the approving authority, said agreement shall be approved
as to form, sufficiency and execution by the approving authority's
attorney and the Borough Attorney. Said agreement shall specify the
amount of cash contributions, if any, the method of payment of same,
the relative timing of such payment and the obligation or obligations
to be undertaken by the Borough of Dumont.
[Added by Ord. No. 946]
This article shall be enforced by the Zoning Officer of the Borough of Dumont, and all violations shall be governed in accordance with §
455-31 of Chapter
455, Zoning, of the Dumont Code.