Eatontown City Zoning Code
ARTICLE VIII
Required Improvements
§ 89-55 General requirements.
Prior to the granting of final approval of an application for development, the developer shall have installed or shall have furnished performance guarantees for the ultimate installation of the following, in accordance with the design standards and improvement specifications set forth in Article IX of this chapter which shall govern in addition to or if in conflict with anything contained in this article.
A.
Streets: improved to meet Borough standards.
B.
Street signs of the type and design to be approved by Borough Council shall be installed at all street intersections.
C.
Curbs and/or combination curbs and gutters shall be installed along both sides of all streets.
D.
Monuments to be of the size and shape required by Section 4 of Chapter 358 of the laws of 1953, and to be placed in accordance with said statute.
E.
Culverts, inlets and storm sewers.
F.
Sidewalks.
G.
Subdivider shall be required to plant such number of trees as shall be necessary, after taking into consideration existing trees, to provide large shade trees 40 feet minimum on center along both sides of the street (if applicable) in the shade tree easement. Small shade trees shall be installed at 25 feet minimum on center, instead of large shade trees, if planting location is within 15 feet of an overhead utility. The subdivider shall be responsible for the care and/or replacement of such trees for a period of two years from the date of the release of the performance bond. Said trees, or any other plantings required by the subdivider shall be in conformance with § 89-83 et seq. of this chapter.
[Amended by Ord. No. 18-80; Ord. No. 18-85; Ord. No. 6-2001]
H.
Topsoil moved during the course of construction shall be redistributed evenly to all areas of the subdivision and shall be stabilized by seeding or planting. Said seeding and planting must have attained a growth sufficient to stabilize the soil before this section of the chapter will be considered as being complied with. No topsoil shall be removed from the subdivision site.
I.
Driveway aprons.
J.
The reviewing board may require off-street parking areas to be paved where deemed necessary.
K.
Streetlighting shall be installed in all zones and in accordance with the Borough standards.
L.
Developer must make provisions for water supply, and sanitary sewers or sewage disposal systems. Where the developer installs water mains and/or sanitary sewers, all such installation shall be properly connected before approval and shall be adequately constructed to handle all present and future development within the subdivision. On-site septic systems shall be approved by the Board of Health.
§ 89-56 Off-tract improvements.
A.
Determination. The Planning Board may determine, pursuant to N.J.S.A. 40:55D-42, that off-tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area. The need for the improvements and the determination by the Planning Board shall be governed by the circulation plan element and the utility service plan element of the Master Plan, N.J.S.A. 40:55D-28b(4) and (5).
B.
Where the Planning Board determines that off-tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area, it may require either that such off-tract improvements be installed, or that the developer contribute to the installation of such off-tract improvements. Where the Planning Board has determined that off-tract improvements are required, it shall be a condition of the granting of final approval that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract gutters, sidewalks, water mains, sanitary sewers, storm sewers, culverts, retention basins, monuments and streetlights, all in accordance with the specifications governing on-tract improvements.
C.
Cost allocation. If the Planning Board determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the Planning Board shall allocate the cost of said off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of, or the construction of drainage or other improvements in, a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement and the cost of said improvement shall not be allocated.
D.
The allocation of the cost of off-tract improvements shall be determined in accordance with the following standards:
(1)
The Planning Board shall consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
(2)
The Planning Board shall further consider the criteria set forth below:
(a)
Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and the other factors related to the need created by the site or subdivision and anticipated thereto.
(b)
Drainage facilities shall be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the Borough Engineer.
(c)
Sewage facilities shall be based upon a proportion as determined by the rules and regulations of the Eatontown Sewerage Authority in effect at the time of the application for development.
(d)
Water supply and distribution facilities may be based upon the rules and regulations governing the particular utility supplying water service, which are in effect at the time of the application for development.
E.
All moneys received by the Borough in accordance with the provisions of this section shall be paid to the Municipal Treasurer, who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes, unless such improvements are not initiated for a period of five years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the Borough.
F.
The apportionment of costs shall be determined by the Planning Board. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.
G.
Nothing in this article shall preclude the Borough from assessing any property benefiting from installation of any off-tract improvements as provided herein pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments hereunder.
§ 89-57 Deviation from final plan.
The Planning Board may permit a deviation from the final subdivision plat or final site plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Zoning Ordinance (Article VII of this chapter).