Burlington Township
City Zoning Code
City Zoning Code
ARTICLE XI
Improvements
§ 330-75 General provisions.
It is recognized by the governing body that the adequate provision of on-tract improvements and, to the extent required to properly service the project, off-tract improvements are a prime concern when evaluating an application for development under this chapter. The sections that follow are designed to give direction to an applicant with regard to improvements that are required and the procedures regarding them.
§ 330-76 Improvement requirements.
A.
Preliminary approval. All plans submitted in connection with preliminary approval shall indicate on the plans the nature of all improvements hereinafter required for the development application for which approval is sought. The improvement shall conform to the design requirements elsewhere set forth in this chapter and shall be sufficient in detail to determine whether compliance with the design standards has been achieved.
B.
Final approval. No final plan shall be approved by the reviewing board unless:
(1)
All improvements as required below have been completed and certified to by the reviewing engineer; or
(2)
The applicant shall file with the reviewing board performance guarantees sufficient in amount to cover the cost of all such improvements or incompleted portions thereof, as estimated by the board engineer, to ensure that the installation of such incomplete improvements shall occur on or before a specified date.
C.
Types of improvements. The applicant for development application approval shall be required to indicate on all plans and to subsequently cause to be installed the following improvements:
(1)
Street, accessway and parking area paving (subbase, base and surface courses).
(2)
Street signs, street furniture and traffic control devices.
(3)
Curbs and/or gutters, driveway aprons.
(4)
Sidewalks.
(5)
Monuments.
(6)
Storm sewers and other drainage structures.
(7)
Approved sewer and industrial waste disposal facilities.
(8)
Streams, ponds or other watercourses.
(9)
Topsoil, seeding and sodding.
(10)
Fire hydrants.
(11)
Recreational facilities and open space.
(12)
Streetlighting.
(13)
Landscaping, compensatory planting and grading.
(14)
Pedestrianways, bicycle paths.
(15)
Planted buffer strips.
(16)
Underground wiring.
(17)
Utility and drainage easements.
(18)
Off-tract improvements.
(19)
Water supply, gas, electric and other required utilities.
(20)
Underground structures, including storage tanks.
(21)
Modifications to natural or man-made features.
(22)
Buildings, bridges and other structures.
(23)
Erosion control and sedimentation control improvements.
(24)
Any other improvements required by the reviewing board or this chapter.
D.
Connection required. Where applicable, all improvements installed shall be properly connected with existing systems maintained by the Township or other approved authority prior to any use or occupancy of any property or building.
E.
Design standard. In designing the improvements listed above, the applicant shall observe the requirements and principles established in Articles XII and XIII of this chapter. In all cases the applicant shall be required to design improvements to meet the present and future probable needs of the development. No application for development shall be approved which will place a burden upon the existing systems maintained by the Township.
F.
Inspections. All improvements installed pursuant to this chapter shall be inspected and approved by the appropriate reviewing board engineer or the Municipal Engineer, in the case of municipal facilities, prior to any use or occupancy of any structures constructed upon the development. The Engineer shall be notified in writing 48 hours prior to the start of the various phases of work and, if discontinued, shall be again notified 24 hours in advance by phone when construction will be continued. Failure to notify the Engineer as specified in this paragraph shall constitute a violation of the provisions of this chapter and will subject the violator to the penalty provisions hereinafter set forth.
G.
Dedication by deed. The applicant shall have the right to offer for dedication to the Township any and all improvements listed above. The Township governing body shall have the right to accept or not accept the uncoerced dedication of the improvements specified above where the Township has determined that the improvements have been properly installed. The improvements, however, shall not be deemed to have been accepted by the Township until formal action of acceptance has occurred. Said action shall be taken by the governing body through the adoption of a resolution pertinent to the subject matter at hand.
§ 330-77 Performance and maintenance guarantees.
[Amended 11-13-2018 by Ord. No. 2018-OR-026]
A.
Guarantees: performance guarantee; safety and stabilization guarantee; temporary certificate of occupancy guarantee; maintenance guarantee. Before filing of a final subdivision plat or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the developer shall provide the Township with a performance guarantee and a maintenance guarantee for the purpose of assuring the installation and maintenance of certain on-tract improvements and any dedicated off-tract improvements required as a condition of approval. The guarantees shall be in the form authorized by N.J.S.A. 40:55D-53a and approved by the Township Attorney as to form, sufficiency and execution. A developer may be required to provide a safety and stabilization guarantee, and if the developer requests a temporary certificate of occupancy, the developer may also be required to provide a temporary certificate of occupancy guarantee.
(1)
Performance guarantee.
(a)
The developer shall furnish a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation 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 Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township, 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 as required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.: repealed by Section 2 of Chapter 217 of the Public Laws of 2011) or N.J.S.A. 46:26B-1 through 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
(b)
The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(c)
Upon the recommendation of the Planning Board or Zoning Board of Adjustment Engineer, in consultation with the Board Planner, the approving authority may require, as a condition of approval, that the performance guarantee include as a line item privately owned perimeter buffer landscaping within an approved phase or section of a development. The developer may elect to post a separate performance guarantee for the privately owned perimeter buffer landscaping.
(2)
Safety and stabilization guarantee.
(a)
A developer shall furnish to the Township a safety and stabilization guarantee, which at the developer's option may be furnished either as a separate guarantee or as a line item of the performance guarantee. The safety and stabilization guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that 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 guarantee. The Township shall not provide notice of the intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to the developer by certified mail or other form of delivery providing evidence of receipt.
(b)
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of the guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of the development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
(c)
The Township shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required above.
(d)
The Township shall release a safety and stabilization guarantee upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
(3)
Temporary certificate of occupancy guarantee. A developer seeking a temporary certificate of occupancy for a development unit, lot, building, or phase of development, as a condition of issuance, shall furnish a temporary certificate of occupancy guarantee in favor of the Township 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 the existing performance guarantee. Upon posting a temporary certificate of occupancy guarantee, all sums remaining under the performance guarantee which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought shall be released. The scope and amount of the temporary certificate of occupancy shall be determined by the Township Engineer in consultation with the Township Code Official. At no time may the Township hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released at the direction of the Township Council 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.
(4)
Maintenance guarantee.
(a)
The developer shall post with the Township, prior to the release of the performance guarantee, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
The developer shall also post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures with basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined by the Township Engineer according to documented construction for costs for public improvements prevailing in the general area of the Township.
(c)
The term of the maintenance guarantee shall be for a period not to exceed two years and shall expire automatically at the end of the term.
B.
Other governmental agencies/public utilities. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee shall be required by the Township for such utilities or improvements.
C.
Extensions to complete bonded improvements. The time allowed for installation of the bonded improvements may be extended by resolution of the Township Council. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to documented construction costs for public improvements in the Township as of the time of the passage of the resolution.
D.
Failure to complete or correct bonded improvements. If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable 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 complete the improvements in accordance with the public bidding requirements of N.J.S.A. 40A:11-1 et seq.
E.
Substantial completion/release of performance guarantee.
(1)
Upon substantial completion of all required street improvements, other than the top course, and appurtenant utility improvements and their connection to the Township's utility system, the obligor may request of the Township Council, in writing, sent by certified mail addressed in care of the Township Clerk, with a copy to the Township Engineer, that the Township Engineer prepare, in accordance with the itemized cost estimate appended to the performance guarantee, a list of all uncompleted or unsatisfactorily completed bonded improvements. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. The Township Engineer shall inspect all bonded improvements covered by the obligor's request and shall file with the Township Council a detailed written list and report, and shall simultaneously send a copy to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate appended to the performance guarantee.
(3)
The Township Council, by resolution, shall either approve the bonded improvements as determined complete and satisfactory by the Township 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 guarantee relating to the improvements accepted, in accordance with the itemized cost estimate appended to the performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon the Township Council's adoption of the resolution, the obligor shall be released from all liability pursuant to its performance guarantee, 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 guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(4)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee, 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 guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
F.
Obligor remedies.
(1)
If the Township Engineer fails to send or provide the list and report as requested by the obligor within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(2)
If the Township Council fails to approve or reject the bonded improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
G.
Reduction of cash deposit. In the event that the obligor has made a cash deposit with the Township as part of the performance guarantee, then any partial reduction granted in the performance guarantee shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a safety and stabilization guarantee, the Township may retain cash equal to the amount of the remaining safety and stabilization guarantee.
H.
Completion or correction following rejection. If any portion of the required bonded improvements is rejected, the Township Council may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification shall be followed.
I.
Right of obligor to pursue legal remedies. 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.
J.
Inspection fees.
(1)
The developer shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspection of improvements. Inspection fees shall be posted in escrow and shall not exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee, and not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee, which cost shall be determined based upon documented construction costs for public improvements prevailing in the general area of the Township.
(2)
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
(3)
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
(4)
If the Township Administrator, based upon the recommendation of the Township Engineer, determines that the amount in escrow for the payment of inspection fees is insufficient to cover the cost of additional required inspections, the Township Administrator may require the developer to deposit additional funds in escrow by delivering to the developer a written inspection escrow deposit request, signed by the Township Engineer. The inspection escrow deposit request shall inform the developer of the need for additional inspections, detail the items or undertakings that require inspection, estimate the time required for those inspections, and estimate the cost of performing those inspections.
K.
Development in stages or sections. In the event that final approval is by stages or sections of development, guarantees shall be applied by stage or section.
L.
Effect of dedication of improvements. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Council shall be deemed, upon the release of any performance guarantee to have accepted dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
M.
Types of guarantees. A performance guarantee may be any security which may be accepted by a municipality, including but not limited to surety bonds, cash, and letters of credit, provided that the letter of credit:
(1)
Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express period of time for the amount determined in accordance with this chapter;
(2)
Is issued by a banking or savings institution authorized to do and doing business in New Jersey; is for a period of at least one year; and
(3)
Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit no less than 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
§ 330-78 Off-tract improvements.
A.
Generally. Prior to the granting of preliminary approval to any application for development, the reviewing agency shall determine the off-tract effects which approval of the applicant's plan shall have upon the road system, stormwater drainage system, sanitary sewer system and the potable water system maintained by or for the Township. Where the reviewing board determines that the above-described off-tract systems will be inadequate to properly service the applicant's proposed development and thus create a danger or a burden to and upon the health, safety and welfare of the inhabitants of the development, inhabitants of the surrounding area adjacent to the applicant's development, and/or, in general, the inhabitants of the Township unless the above-described systems are improved, updated, expanded or provided; the reviewing agencies shall, unless proper provisions pursuant to the following sections are made for the improvement, updating, expansion or provision of these additional facilities, deny the development application.
B.
Standards of review. The reviewing agencies in determining that the off-tract systems will be inadequate to properly service the applicant's development shall be guided by and take into consideration the following enumerated standards for the system referred to:
(1)
Road system.
(a)
General requirements. Road systems leading to and from an applicant's project shall be adequate to handle the anticipated peak load capacity that will be generated from or through the applicant's project when taken in concert with such other potential areas of development that may utilize the same road facilities.
(b)
Specific review standards.
[1]
The potential need and timing of other developments within the geographic area of the applicant's development which may reasonably be expected to use or increase the demands upon the same systems utilized by the applicant.
[2]
The increase of traffic generated by the applicant's development as determined by traffic count, existing projected traffic patterns, quality of roads in the area, life expectancy of existing facilities both within and outside of the applicant's development, future developments within and outside the applicant's development, future developments within areas adjacent to the applicant's development, and other factors related to the needs established by the applicant's development.
[3]
The peak capacity of the facilities under discussion.
[4]
Traffic hazards created by proposed turns, stops, exits and traffic flows on the facilities under discussion.
[5]
The existing or pending plans by other developments, the local municipality, the county, or the state to upgrade, improve or modify the facilities under discussion and whether such upgrading, improvement or modification will increase, have no effect or diminish the demand upon the facilities under discussion, and whether this upgrading, improvement or modification will create a burden upon the facilities reviewed.
(c)
Data. The reviewing agency may require the furnishing of detailed reports at the applicant's expense to assist the agency in determining whether or not the facilities available are adequate to meet the needs created by the applicant's project.
(2)
Stormwater drainage system.
(a)
General requirements. All developments for which approval is sought shall have available adequate off-tract improvements designed to carry the future developed runoff to, through and from the proposed development and shall be sized to accommodate anticipated developed runoff from abutting properties to adequate collection areas such as rivers, lakes, or streams as determined by the Township Master Drainage Plan.
(b)
Specified reviewable factors. The reviewing agency in evaluating whether or not the applicant's plans conform to the above-stated requirement may take into consideration the following:
[1]
The applicant's land area and its relationship to the acreage of the total drainage basin to determine what the total needs of the drainage basin for stormwater drainage facilities would be if maximum allowable development occurs for the total acreage involved.
[2]
Existing or proposed development in the drainage basin and its effect upon the facilities under discussion.
[3]
Existing or proposed storm drainage within the drainage basin maintained by other developments, the local municipality, the county or the state; their maximum peak load capacity; and the effect which the applicant's project would have on these facilities.
[4]
The use of the particular site and the uses reasonably contemplated for the balance of the drainage basin.
[5]
The water table of the applicant's project.
[6]
The nature of the soil conditions as they relate to percolation and absorption capacity.
[7]
Capacity of existing facilities maintained within the drainage basin.
[8]
The relationship that the drainage basin occupied by the applicant's project bears to other drainage basins.
(c)
Data. The reviewing agency may require the furnishing of detailed reports at the applicant's expense to determine whether or not the above requirements are met by the facilities in existence.
(3)
Potable water facilities.
(a)
General requirements. All developments for which approval is sought shall have available an adequate water supply and distribution system capable of producing at the most remote hydrant from the feeder main in the applicant's development water pressure capable of generating pressure at 50 psi or delivering water at 750 gallons per minute with a residual pressure of 20 psi.
(b)
Specific reviewable factors. The reviewing agency in evaluating whether or not the development conforms to the above state requirements may take into consideration the following:
[1]
The reasonably anticipated peak load requirements of the applicant's project as it relates to the capacity of existing or proposed systems owned, operated or provided under contract by the Township.
[2]
The current capacity of the Township's water supply and distribution system at peak load to generate sufficient water at appropriate pressure to the applicant's project after deducting the needs of all approved developments whether constructed or proposed.
[3]
The potential for fire hazards if proper water pressure is not provided to the applicant's project.
[4]
The location of existing Township-owned water mains meeting the standards of the Township as set forth by ordinance.
[5]
The location of the proposed water main extensions, whether these extensions are to be installed by the local municipality or other developer, the county or the state.
[6]
The capacity of water mains, whether existing or proposed, to provide sufficient water or proper pressure to the applicant's project.
[7]
The size of the applicant's project as it relates to the loss of pressure through friction from taking water through the applicant's project.
[8]
The need for water to be pumped to the applicant's project.
[9]
Proposed extension of water facilities through the Township in accordance with the Master Water Plan prepared by the Municipal Engineer and how the applicant's needs fit into this plan.
[10]
Requirements of the county, state or federal administrative rules and regulations as they bear to the requirements for water supply to a project such as contemplated by the applicant.
(4)
Sanitary water facilities.
(a)
General requirements. All developments for which approval is sought shall have available sufficient capacity at the sanitary sewerage disposal plants maintained by the Township or other approved authority to adequately treat the sewerage requirements of the applicant's project and shall have a sewer main system available to deliver such sewerage to these plants for treatment, giving due consideration in both instances to previously approved connections whether they be constructed or not.
(b)
Specific reviewable factors. The reviewing agency in evaluating whether or not the applicant's plans conform to the above-stated requirement may take into consideration the following:
[1]
The reasonably anticipated peak load requirements of the applicant's project as they relate to the capacity of existing or proposed systems owned, operated or provided under contract by the Township.
[2]
The applicant's land area and its relationship to acreage of the total drainage basin to determine what the total needs of the drainage basin are for sanitary sewerage disposal facilities, if maximum allowable development occurs for the total acreage involved. The current capacity of the Township sewerage disposal plants at peak load to properly treat, in conformity to prevailing standards, the sanitary sewerage effluent that is currently being generated and that will be generated when taken together with that emanating from the applicant's development.
[3]
The adequacy of facilities such as pumping stations, mains and appurtenances to handle the increased flow to be generated by the applicant's project upon construction.
[4]
The use of the particular site and the uses reasonably contemplated for the balance of the drainage basin.
[5]
Water table of the applicant's development.
[6]
Nature of soil conditions within the drainage basin occupied by the applicant's development.
[7]
The location of existing Township-owned sanitary sewer facilities meeting the standards of the Township as set forth by ordinance or state regulation.
[8]
The size of the applicant's project as it relates to the flow to be generated by construction of the applicant's development.
[9]
The requirements of the county, state or federal authorities as they relate to standards to be utilized in determining the provisions of proper sanitary sewer facilities to the applicant's project.
[10]
The proposed extension of sanitary sewer facilities through the Township in accordance with the Master Sanitary Sewer Plan and how the applicant's needs fit into this plan, the nature and type of effluent to be anticipated from the applicant's project and such special problems as may be required by different types of effluent which may require special equipment or added costs for treatment.
C.
Proper provision. In the event that the reviewing agency shall determine that the applicant's project cannot be approved without proper provisions being made for off-tract improvements, the applicant's application shall be rejected, or in the alternative the applicant may provide for the provision of the needed off-tract facility by obtaining from the Township governing body a certificate of adequacy which shall determine that the applicant shall have available to his project by the time application is made for a certificate of occupancy the needed off-tract improvements.
D.
Certificate of adequacy.
(1)
Application. An applicant seeking approval for an application for development may apply to the Township for a certificate of adequacy in the same fashion as it employed for an appeal from a determination of the reviewing agency.
(2)
Standards of review. The Township governing body shall review the needs of the applicant's project for off-tract systems and shall take into consideration in formulating a proper method for the provision of off-tract improvements the following:
(a)
Municipal improvement. Contemplated municipal improvements as they relate to the area of the applicant's development, the timing of these projects, the contemplated cost of the projects as they relate to general improvements.
(b)
Other developments. The construction of off-tract improvements contemplated by other developments within the general geographic area of the applicant's project as they relate to the needs of the applicant's project.
(c)
Applicant's needs. The relationship which the needed off-tract improvements bear to the needs of the applicant's project and the needs of the community in general and for the improvement of facilities to service not only the applicant's project but the future needs beyond those proposed by the applicant.
(3)
Township Council action. Township Council may provide within its certificate of adequacy the following:
(a)
Municipal costs. That the municipality shall provide the facilities required to the applicant's development entirely at municipal expense.
(b)
Applicant's expense. That the cost for all needed off-tract improvements will be provided by the applicant pursuant to a written agreement entered into between the applicant and the Township governing body.
(c)
Sharing of costs. That the Township and the applicant shall enter into a written agreement providing for a sharing of the costs between the applicant and the Township which recognizes that the needed improvements are required to service not only the applicant's project but the future needs of the Township in this matter.
[1]
The allocation of costs shall be reviewed in accordance with the following:
[a]
The governing body shall consider the total cost of the off-tract improvements, the benefits conferred upon the development, the needs created by the development, population and land use projects for the general areas of the development and other areas to be served by the off-tract improvement, the estimated time 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. The governing body may in addition take into consideration the criteria set forth below.
[b]
Road, curb, gutter and sidewalk improvements shall be based upon the anticipated increase of traffic generated by the development. In determining such traffic increases, the governing body may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and other factors related to the need created by the development and the anticipated benefit thereto.
[c]
Drainage facilities shall be based upon and determined by the drainage created by or affected by a particular project and take into consideration:
[i]
The percentage relationship between the development's acreage and the acreage of the total drainage basin;
[ii]
The use of a particular site;
[iii]
The amount of area to be covered by impervious surfaces on the site itself;
[iv]
The use, condition or status of the remaining area in the drainage basin.
[d]
Sewerage facilities shall be based upon the proportion that the development's total anticipated volume of sewage effluent bears to the existing capacity of existing and projected sewage disposal facilities, including but not limited to lines and other appurtenances leading to and servicing the development. Also, consideration shall be given to the types of effluent and particular problems requiring special equipment, or additional costs for sewage collection as determined by the Municipal Engineer.
[e]
Water distribution facilities shall be based upon the added facilities required by the total anticipated water use requirement of the tract as determined by the Municipal Engineer.
[2]
The applicant shall be required to pay for that portion of the costs of a project which represents the benefit conferred upon his land by the construction of the improvement, as determined in accordance with N.J.S.A. 40:56-1 et seq., together with that portion of the costs which remains after deducting from the total costs of the project those sums which represent the amount which is the value of the benefits conferred upon other properties improved by reason of the project if the project is to be assessed pursuant to N.J.S.A. 40:56-1 et seq., including the applicant's benefits.
E.
Contract provisions. Any contract entered into between the Township and the applicant shall specify that:
(1)
Construction contract. All construction shall be performed under contract with the Township issued in compliance with N.J.S.A. 40A:11-1 et seq., or the applicant shall perform such construction and shall file with the Township performance guarantees sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Municipal Engineer to ensure that the installation of such incomplete improvements shall occur on or before a specified date. Such performance guarantees shall conform with the requirements established in § 330-77.
(2)
Engineer's specifications. All construction shall be performed pursuant to plans and specifications prepared or approved by the Municipal Engineer and shall be in conformity to the Master Plan.
(3)
Engineer's inspection. All construction shall be inspected and certified to by the Municipal Engineer as conforming to all municipal standards as they relate to such improvements.
(4)
Project description. All agreements shall outline in detail or by attached project plan a full description of the project to be constructed. Where different projects are to be funded in different ways, a description for each project shall be separately stated for each method of financing employed.
(5)
Ownership. All agreements shall provide that all improvements constructed shall belong to the Township upon completion.
F.
General municipal standards. In deciding which of the above methods is to be employed by the Township in requiring the off-tract improvements by the applicant, the Township shall be guided by prevailing municipal standards as they relate to the provision of such off-tract improvements, and all applicants similarly situate shall be similarly treated in their dealings with the Township.
G.
General obligations. Nothing herein contained shall be deemed to obligate either the applicant or the Township to any financial arrangement outlined above, except that applicants in a similar position shall be treated equally and nothing contained within this section shall be deemed to require that the applicant use any method employed by this section. Any applicant may wait to construct his development until proper off-tract improvements are provided in the normal course of business by the municipality in conformity to general prevailing construction plans for such project.
§ 330-79 Access roads, water supply and road signs for construction sites.
A.
Water supply and access roads for construction sites. Prior to the start of any building construction, the use, storage or installation of any combustible or flammable material, or the use of any temporary heating device, the following must be complied with:
(1)
An all-weather, truck-bearing road capable of carrying weight class vehicles of a single axle load of 24,000 pounds each, giving access to the construction site, shall be provided and maintained to the satisfaction of the Township Engineer until permanent vehicular roads are in place and usable by fire-suppression apparatus.
(2)
When municipally owned and maintained water mains and fire hydrants are proposed to serve a construction site, they shall be constructed in accordance with a design approved by the Township Engineer and Department of Public Works and shall be operational to the satisfaction of the Township Engineer and the Department of Public Works.
(3)
When privately owned and maintained water mains and fire hydrants are proposed to serve a construction site, they shall be constructed in accordance with a design approved by the Township Engineer and shall be operational to the satisfaction of the Township Engineer and Department of Public Works.
(4)
When alternative water sources for fire-suppression purposes are proposed in lieu of water mains and hydrants, such water sources, associated piping and appurtenances shall be constructed in accordance with a design approved by the Township Engineer and be operational to the satisfaction of the Township Engineer and Department of Public Works.
B.
Signs. Street signs are to be installed when the streets and/or roadways are put in. Temporary signs are acceptable during construction with permanent signage installed prior to any occupancy permit being used.