Elsinboro City Zoning Code
PART 5
Land Subdivision
§ 115-79 Minor subdivision and sketch plats.
All minor subdivisions and sketch plats shall fulfill the information requirements of this section prior to review by the approving authority.
A.
The plat shall be prepared under the supervision of and be signed and sealed by a licensed New Jersey land surveyor, professional planner, professional engineer, or registered architect.
B.
The plat shall be based on Tax Map information or some other similarly accurate base at a scale of not more than one inch equals 200 feet to enable the entire tract to be shown on one sheet.
C.
The following information shall be shown or included on the sketch plat, unless waived by the Planning Board:
(1)
A key map at a scale in which one inch equals not more than 1,000 feet, showing the entire subdivision and its relation to all features within 1/2 mile of the limits of the subdivision.
(2)
Certificate from Tax Collector that all taxes are paid to date.
(3)
Name and address of the owner, subdivider, and person preparing the plat.
(4)
The names of all adjoining property owners as disclosed by the most recent tax records.
(5)
The Tax Map sheet, block, and lot numbers.
(6)
The location of that portion which is to be subdivided in relation to the entire tract.
(7)
All existing and proposed streets within or adjoining the proposed subdivision with the right-of-way widths clearly indicated.
(8)
The proposed location of any driveways or other entrances onto a public street.
(9)
All existing structures, and wooded areas, within the portion to be subdivided and within 200 feet thereof.
(10)
All proposed lot lines and lot lines to be eliminated by the proposed subdivision shall be clearly indicated.
(11)
The location, size and direction of flow of all streams, brooks, drainage structures and drainage ditches in the area to be subdivided or within 200 feet of the subdivision.
(12)
The location and width of all existing and proposed utility easements in the area to be subdivided.
(13)
The zoning classification of the property and all additional information necessary to show compliance with the applicable zoning requirements.
(14)
Acreage of the entire tract, the area being subdivided, and the area of each lot created.
(15)
Approximate lot dimensions, drawing scale, and North arrow.
(16)
For all applications involving the creation of more than two lots, spot elevations on lot corners; and for any application where found necessary by the Planning Board, sufficient topographic information for a proper determination of requirements, but not exceeding the topographic information requirement applicable to preliminary major subdivision applications.
(17)
For any application where found necessary by the Planning Board to assure that there is no adverse effect upon the development or provision of access to the remainder of tract, a rough indication of an acceptable layout of the remainder of the tract.
D.
Minor subdivision filing. A plat containing all of the above information which is reviewed and approved as a minor subdivision may be filed as a plat if it is a certified survey that contains the signatures of the Chairperson and Planning Board Secretary and meets the requirements of the Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
§ 115-80 Preliminary plat.
A development application which is classified as a major subdivision shall not be considered complete until the information requirements of this section have been fulfilled unless waived by the Planning Board.
A.
The preliminary plat shall be clearly and legibly drawn or reproduced in black on white at a scale of not less than one inch equals 50 feet. It shall be prepared under the supervision of and be signed and sealed by a license New Jersey land surveyor and any engineering design work shall be done by a licensed New Jersey professional engineer.
B.
The plat shall be prepared in compliance with the design standards of this chapter and shall show or be accompanied by the following information in addition to all that required for a sketch plat:
(1)
Accurate bearings, headings, and other boundary details.
(2)
All required front, side, and rear setback lines.
(3)
Specimen trees having a diameter in excess of 24 inches.
(4)
Any structures of historic significance within 200 feet of the subdivision and a statement of the impact of the development on the historic structure.
(5)
Topographic contours at two-foot intervals for slopes averaging 5% or greater and one-foot contours for slopes less than 5%. Elevations or contours need not be shown, however, for those portions of any parcel to be retained by the subdivider in an undeveloped state that are more than 200 feet from the lots being created. Contours should show existing ground elevations and proposed elevations in any areas to be regraded.
(6)
Streets. Cross sections and center-line profiles of proposed streets within the subdivision and existing streets which abut the subdivision.
(7)
Watercourses. All existing and proposed watercourses shall be shown accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed within the floodway of an existing stream, evidence of submission of the improvement to the State Department of Environmental Protection shall accompany the subdivision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Cross sections of watercourses and or drainage swales at an approximate scale showing the extent of the floodplain, top of bank, normal water level, and bottom elevations at the following locations:
[1]
At any point where a watercourse crosses the boundary of a subdivision.
[2]
At fifty-foot intervals for a distance 300 feet upstream and downstream of any proposed culvert or bridge within or adjacent to the subdivision.
[3]
Immediately upstream and downstream of any point of junction of two or more watercourses.
[4]
At a maximum of 300-foot intervals along all watercourses which run through or adjacent to the subdivision.
(c)
When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and the measures to control erosion and siltation as well as typical cross sections and profiles shall be shown on the plat or accompany it.
(d)
The boundaries of the floodplains within or adjacent to the subdivision.
(8)
Drainage.
(a)
Preliminary plans and profiles at a scale of one inch equals 50 feet horizontally and one inch equals five feet vertically of all proposed and existing storm sewers, drainage swales, and streams within the subdivision, together with the locations, sizes, elevations, and capacities of any existing storm drain, ditch, or stream to which the proposed facility will be connected.
(b)
The location and extent of any proposed groundwater recharge basins, retention basins, or other water conservation devices.
(c)
When deemed necessary by the Planning Board, all drainage calculations used for the design of the storm drainage system and the documents indicating conformance with the standards in this Part 5 shall be submitted.
(9)
Utilities. Preliminary plans and profiles of proposed utility layouts shall be at a scale of not more than one inch equals 50 feet horizontally and one inch equals five feet vertically, showing connections to existing and proposed utility systems.
(10)
On-site sewage disposal. The results and location of all percolation tests and test borings shall be shown on the plat. At a minimum, a test boring and percolation test shall be taken for every four lots. When deemed necessary by the Planning Board to determine the suitability of the soil to support new construction, further percolation tests shall be submitted. Any subdivision or part thereof which does not meet the established sewage treatment requirements of the Realty Improvement Sewerage and Facilities Act, P.L. 1954, c. 199, N.J.S.A. 58:11-23 et seq., as revised, shall not be approved unless the proposed remedy to overcome such a situation is approved by the appropriate local, county, or state agencies.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(11)
A copy of any protective covenants or deed restrictions applying to the land being subdivided.
(12)
The location of poles, distance from intersections and illumination factors for all streetlighting.
§ 115-81 Final plat.
The final plat shall be drawn in ink on tracing cloth or its equivalent, at a scale of not less than one inch equals 50 feet and in compliance with all the provisions of the Map Filing Law.[1] The final plat shall be submitted in the following form:
A.
The original or equivalent duplicate, one translucent tracing cloth or its equivalent copy, two cloth prints, and 10 black-on-white prints.
B.
All information listed in § 115-79C(1) through (7).
C.
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles, and radii arcs and central angles of all curves.
D.
The purpose of any easement, or land reserved or dedicated to public use, shall be designated, and the proposed use of sites other than residential shall be noted.
E.
New blocks and lots shall be numbered so as to conform with the Township Tax Maps.
F.
Minimum building setback line on all lots and other sites.
G.
Cross sections, profiles, and established grades of all streets as approved by the Township Engineer.
H.
Plans and profiles of all storm and sanitary sewers and water mains as approved by the Township Engineer.
I.
Certificate from Tax Assessor that all taxes are paid to date.
J.
A statement by the Township Engineer that he is in receipt of a map showing all utilities and exact location and elevation identifying those portions already installed and those to be installed and that the subdivider has installed all improvements in accordance with the requirements of these regulations or has filed a corporate surety bond, a certified check, returnable to the subdivider after full compliance, or any other type of surety approved by the governing body and approved as to form by the Township Solicitor, which is in sufficient amount to assure the installation and maintenance of improvements. The provisions of N.J.S.A. 40:55D-53 shall govern said bonds and the completion, inspection, and approval of said improvements and the payment of inspection fees.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
§ 115-82 Compliance by developers required.
A developer shall comply with the following requirements and principles of land subdivision to encourage proper development patterns and the provision of adequate facilities and services in the Township.
§ 115-83 General requirements.
A.
No subdivision shall be approved unless all lots abut an improved street as defined by this chapter. Any request for relief from this provision shall conform to the procedures of N.J.S.A. 40:55D-36 or 40:55D-60.
B.
Any proposed subdivision determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon the property in question or adjacent properties may be required to be revised to remove such adverse effect prior to further review. Where the remaining portion of the tract is of sufficient size to be subdivided further, the applicant may be required to submit a sketch of the entire remaining portion to indicate a feasible plan whereby the proposed subdivision and subsequent subdivisions will not create any such adverse effect.
§ 115-84 Streets and roads.
A.
General design considerations.
(1)
All proposed streets in a subdivision of land shall be classified as either a loop street, a cul-de-sac street or a Township collector as defined on Plates II, III, and IV.[1]
[1]
Editor's Note: The plates are included as an attachment to this chapter.
(2)
Loop streets, cul-de-sac streets, and other existing minor streets shall be so designed and integrated into the circulation pattern of the subdivision and the immediate area so as to discourage through traffic.
(3)
Township collectors shall be designed to provide for the extension and connection of existing streets except when such a connection will result in a major diversion of traffic from major collectors or arterials through the subdivision.
(4)
When a subdivision adjoins land susceptible to being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets within the proposed subdivision.
(5)
Access shall be designed in all major subdivisions according to the following standards:
(a)
All major subdivisions bounded by arterials, major collectors, and minor collectors as defined by the functional classification system contained within the approved Township Master Plan shall control access to said streets by having all driveways intersect marginal service streets, parallel streets, or streets intersecting said arterials, major collectors, and county-local roads.
(b)
When a subdivision of five or more lots borders on an existing Township street or county-local road, reverse frontage or a marginal service road may be required.
(c)
When a proposed street (Township collector) will serve more than 50 lots in a fully developed subdivision, all driveways within that subdivision shall intersect loop streets, cul-de-sac streets or marginal service roads.
(6)
All subdivisions which control access to existing Township or county roads by reverse frontage or marginal service roads shall construct an adequate buffer between the development and the existing street. The buffer for reverse frontage shall consists of densely planted, nursery-grown trees to a depth of 20 feet as indicated on Plate V. Plate VI indicates the required landscaped area for marginal service roads.
(7)
No subdivision showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land compromising such strips has been given to the governing body after recommendation by the Planning Board.
(8)
A subdivision that adjoins or includes existing Township streets that do not conform to the right-of-way widths specified in the Township Master Plan in the street-cross-section requirements of this chapter shall dedicate the additional land needed to conform to the right-of-way standards. If the subdivision is along one side of the road, 1/2 of the required extra width shall be dedicated.
(9)
A cul-de-sac shall provide access to a minimum of six lots and a maximum of 14 lots. No cul-de-sac shall exceed 750 feet in length. The minimum radius of a cul-de-sac turnaround shall be 50 feet in zoning districts with a minimum lot width of 150 feet or more and 60 feet in zoning districts with a lot width requirement of less that 150 feet. The right-of-way radius of the turnaround shall be 60 feet and 70 feet for these respective zoning districts. No cul-de-sac turnaround shall exceed a radius of 70 feet except if an adequate landscaped circle is provided in which two-way traffic is maintained.
B.
Specific design requirements. The following specific design requirements shall be met in the construction of new streets or the improvements of existing streets:
(1)
When connecting street lines deflect from each other at any one point by more than 10°, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance shall be not less than 100 feet for culs-de-sac, 150 feet for loop streets, and not less than 300 feet for collectors and arterials.
(2)
A tangent of at least 200 feet long shall be introduced between reverse curves on arterial and collector streets.
(3)
Longitudinal grades on Township collectors or roads of higher functional classification shall not exceed 4%. The longitudinal grade of any other local street shall not exceed 8%. All changes in grade shall be connected by vertical curves of at least 50 feet for each 2% (or portion thereof) difference in grade to ensure proper sight distance which will conform to good engineering practice.
(4)
The longitudinal grade of any street shall not be less than 1/2 of 1%. Grades between 1/2 of 1% and 1% may require monolithic curb-and-gutter construction to ensure adequate drainage.
C.
Intersections.
(1)
Street intersections shall be at a minimum angle determined by the road classification. All intersections shall be at 90° except that cul-de-sac or loop streets which intersect a Township collector or county-local road shall have a minimum angle of 75° and a cul-de-sac which intersects a loop street shall have a minimum angle of 60°.
(2)
Separation of intersections.
(a)
No more than two streets shall meet or intersect at any one point and the center line of both intersecting streets shall pass through a common point. Any two intersections shall be separated by the following distances:
Classification | Minimum Distance Between Intersections (feet) |
|---|---|
Arterials, county collectors | 350 |
Township collectors, county-locals | 250 |
Loop streets, culs-de-sac | 200 |
(b)
Whenever two roads of different functional classification intersect, the minimum separation standards of the more important road shall be followed.
(3)
The maximum grades of all intersections shall be 3% except that intersections involving only Township collectors or other local streets shall have a maximum grade of 4%.
(4)
The block corners at intersections shall be rounded at the curbline with the street having the highest radius requirement determining the minimum standard for all curblines.
Classification | Radius (feet) |
|---|---|
Arterials, county collectors | 40 |
Township collectors, county-locals | 30 |
Loops, culs-de-sac | 20 |
(5)
Clear sight triangle easements.
(a)
For both major and minor subdivisions, clear sight triangle easements shall be required at all intersections in addition to the right-of-way requirement described above. Within such triangles, no vision-obstructing object shall be permitted which exceeds a height of 30 inches above the elevation of the intersecting streets except for streetlighting standards. The "sight triangle" is defined as the area of vision which enables a motorist entering a road to perceive oncoming vehicles and which enables oncoming vehicles to perceive the entering vehicle. This area is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines. "Sight points" are defined as being the following distances from the intersection:
Classification | Distance (feet) |
|---|---|
Arterials | 400 |
County major collectors | 300 |
County minor collectors | 250 |
Township collectors, county-local | 200 |
Loop streets | 150 |
Culs-de-sac | 110 |
(b)
These points are to be connected to a point 90 feet from the intersection of the street center lines. Plates VII to X illustrate the required sight triangle easements. The sight easement shall describe two overlapping triangles whenever the intersecting roads are of Township collector or above functional classification. The easement for intersections involving cul-de-sac or loop streets shall only include the sight triangle needed for the motorist entering the intersection street.
D.
Street construction standards. All subdivisions shall be served by paved public streets with an all-weather base and pavement with an adequate crown. All new streets and improvements to existing streets shall adhere to the following standards:
(1)
The minimum pavement width shall be in accordance with the following standards and as illustrated on Plates XI to XVI:
Type of Street | Number | Lanes | Shoulder | ||
|---|---|---|---|---|---|
Width (feet) | Width (feet) | Type (1) | (feet) | ||
County major collector | 2 | 12 | 6 | 1 | 86 |
County minor collector | 2 | 12 | 6 | 2 | 66 |
County-local | 2 | 11 | 6 | 2 | 50 |
Township collector (2) | 2 | 11 | 6 | 1 | 50 |
Loop | 2 | 11 | 5 | 1 | 50 |
Cul-de-sac | 2 | 11 | 3 | 1 | 50 |
(1) | Shoulder types: | 1 - Paved |
2 - Application, oil and stone and gravel | ||
(2) | In areas proposed for less intense development (minimum lot sizes over 1 acre), the minimum shoulder shall be compacted gravel with oil. | |
(2)
All new and existing streets shall be constructed or improved to fulfill the above minimum requirements. The subdivider shall be responsible for improving only 1/2 of the street immediately adjacent to the subdivision, except in cases where off-site contributions are required. If off-site contributions are required, the subdivider may be responsible for improving more than 1/2 of the street and other nearby streets or intersections.
(3)
Deceleration and acceleration lanes shall be constructed outside of the normal cartway as determined necessary by the Township Engineer.
(4)
The minimum total asphalt surface thickness for all pavements shall be 3 1/2 inches of FABC-2, mix No. 5, two inches to be laid and used as running surface until all settlement is completed, then brought to final grade with a one-and-one-half-inch overlay and such additional material as shall be needed to compensate for settlement. The minimum subbase shall be four inches of soil aggregate Type 5, Class A, or, as an alternate subbase, with Planning Board approval, six inches of soil aggregate Type 2, Class B. No bituminous concrete pavement shall be laid until the existing subbase has been prepared and thoroughly compacted with an approved roller.
(5)
The minimum requirements of any new street shall be in accordance with the specifications and procedures set forth in the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, and all addenda or revisions thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
Whenever curbing and guttering are required under this chapter, it shall be constructed in a manner approved by the Township Engineer. If concrete, the curbing and gutters shall meet the following specifications:
(a)
The concrete to be used for curbs and gutters shall be Class B concrete as specified in the New Jersey State Highway Specifications for Curbs and Gutters.
(b)
Expansion joints shall be provided at intervals of 20 feet.
(c)
Concrete curbs shall be eight inches wide at their base and not less than six inches wide above the roadway pavement. The rear top corner of this curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
(d)
Combination curbs and gutters shall be constructed on a base of sand or other similar pervious material six inches in depth and extending 12 inches beyond the rear face of the curb and 12 inches beyond the face of the curb. The total width of the curb and gutter shall be 30 inches. The dimensions of the particular parts of the combined curb and gutter shall be as follows [see Plate (4), attached]:
[1]
The top of the curb shall be six inches in width.
[2]
The rear of the curb shall be 12 inches in height.
[3]
The width of the curb at the gutter elevation shall be seven inches.
[4]
The height of the curb face at the gutter shall be six inches, and the depth of the gutter at the street face shall also be six inches.
[5]
All exposed edges shall be rounded with a radius of 3/4 inch to one inch.
(e)
Openings for driveway access shall be in such width as shall be determined by the Township Engineer, but in no case more than 15 feet at the edge of the pavement. The curb at such driveway openings shall be depressed to the extent that 1 1/2 inches extend above the finished pavement. The rear top corner of this curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
(7)
All work shall be inspected through the course of construction by the Township Engineer or his duly authorized representative, who shall be notified 48 hours in advance before any work is started or completed.
§ 115-85 Drainage.
A.
General design considerations.
(1)
The drainage system of a proposed subdivision should be adequate to carry off and/or store the stormwater and natural drainage water which originates not only within the subdivision boundaries but also that which originates from the total natural watershed surrounding the property in question.
(2)
The drainage system shall be designed to control the amount and rate of stormwater runoff. A general principle for major subdivision design shall be to not increase the parcel's amount or rate of stormwater runoff by the use of structural and nonstructural measures.
(3)
Whenever possible, any major development's drainage system shall be designed for the recharge of groundwater and the retention of stormwater on-site.
(4)
Provisions shall be made to limit the amount of sedimentation and other pollutants that may enter a natural watercourse as a result of the development.
(5)
Where possible, a subdivision's stormwater management design shall preserve stream channels, floodplains, and wetlands in their natural condition to act as buffers against flooding and pollution.
(6)
No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, create flooding, or require the construction of additional drainage facilities in other private or public lands without proper and approved provisions being made for remedying these off-site or off-tract conditions.
(7)
For all subdivisions, land subject to periodic or occasional flooding (floodplain areas) shall not be plotted for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land within a plat shall be considered for open land use.
B.
Specific design considerations.
(1)
For all subdivisions where the average elevation of the lot or the elevation of the building site is below the crown of the existing or proposed road, the lot shall be properly graded to ensure proper drainage away from buildings and to prevent the ponding of stormwaters in front, side, or rear yards. A grading plan must be submitted for such lots to ensure proper drainage prior to subdivision approval.
(2)
All streets shall be provided with catch basins and pipes where necessary for proper surface drainage. Dry wells are specifically prohibited as alternatives to catch basins or as a method of recharge.
(3)
The materials used for drainage facilities and appurtenances shall be in conformance with Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, and all addenda. The technique for calculations and design parameters shall be by the Rational Method for drainage sheds less than four acres and the Natural Resources Conservation Service method for drainage sheds above four acres. The following recurrence-interval parameter shall be adhered to: minor inlets, two years; low points, five years; sump inlets, 10 years; minor stream structure (50 acres or less), 10 years; major stream structures with no headwaters, 25 years; and major stream structures with maximum headwater, 100 years. Single Type "B" inlets shall not be designed to catch more than 5 1/2 cubic feet per second, regardless of head, but shall not be spaced greater than 500 feet center to center. Discharge and collection systems shall not be designed for inlet head under any circumstances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Drainage structures which are located on state or county highway rights-of-way shall be approved by the State or County Highway Engineer's office, and a letter from that office indicating such approval shall be directed to the Township Planning Board and shall be received prior to the final plat approval. Drainage structures proposed on a brook or stream with a drainage area of 1/2 square mile (320 acres) or greater shall be approved by the Department of Environmental Protection, and a letter from the office shall be directed to the Planning Board Chairperson.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(5)
All proposed subdivisions or developments abutting a brook or stream whose drainage area, up to and including the subdivision or development, is greater than 50 acres shall be required to secure a stream encroachment permit from the Department of Environmental Protection prior to the authorization of final approval. Furthermore, a copy of the permit shall be forwarded to the Planning Board and shall be attached to the final engineering plans of same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
Road drainage. The use of swales for road drainage purposes may be permitted at the discretion of the Township Planning Board, provided that the subdivision is under 20 lots, the minimum lot size is greater than one acre, and the grade does not exceed 6% nor is less than 1/2 of 1%. In subdivisions with more than 20 lots, swales may only be permitted along roads in which reverse frontage has been provided. Where these conditions are not met or where drainage conditions warrant, curbing and guttering shall be required along all existing and proposed streets. In minor subdivisions, curbing and guttering may be required where drainage or traffic conditions warrant or when the subdivision is in proximity to existing curbed and guttered areas.
(7)
Land drainage. All surface drainage shall be piped except if the developer demonstrates that the use of swales is a more appropriate form of conveyance to the satisfaction of the Township Planning Board. The use of swales shall not be permitted where the adjacent lot sizes are less than 1/2 acre.
(8)
Swales, where permitted, shall be designed according to the following standards:
(a)
Swales shall have a parabolic or trapezoidal shape.
(b)
Side slopes of a swale along a road shall not be steeper than 4:1 adjacent to the road and 2:1 on the slope away from the road. Side slopes of swales not along a road shall not exceed 3:1.
(c)
Trees, brush and stumps, as well as other objectionable material, are to be cleared and disposed of so as not to interfere with construction or proper functioning of the waterway.
(d)
Separate areas filled are to be compared as needed to prevent unequal settlement that will cause damage in the completed waterway.
(e)
Waterways and outlets shall be protected against erosion by vegetative means as soon after construction as practical before diversions or other channels are outletted into them. Seeding, fertilizing, mulching, and sodding shall be in accordance with the applicable standards as determined by the Natural Resources Conservation Service of the State of New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(9)
Storm sewer pipe shall be installed in accordance with proper engineering practices and shall be designed according to the following standards:
(a)
The pipe shall be concrete or aluminum as required by the Township Engineer. Nonreinforced concrete pipe shall conform to AASHOM-86 for specified diameter and strength class. Reinforced concrete pipe shall conform to AASHOM-170 for specified diameter and strength class. Aluminum alloy pipe shall conform to AASHOM-197 for specified diameter and strength.
(b)
All drainage pipes shall have a minimum diameter of 15 inches. The pipe shall be laid in straight alignment, between manholes. All transitions in slope, change of direction or pipe size shall be confined to manholes, catch basins, or other accessible structure.
(c)
The size of the pipe, slope and invert elevations shall be submitted on a final drainage plan.
(d)
In those areas where the groundwater elevation is such that roadway subbase instability could occur from same, the Planning Board Engineer shall reserve the right to require extra-strength porous concrete pipe in lieu of either reinforced concrete or corrugated aluminum storm sewer conduit for the purpose of adequately underdraining the surrounding soil and stabilizing the affected subbase.
(e)
Slotted drain pipe shall not be permitted except if approved by the Township Engineer.
(10)
Where a subdivision is traversed by a watercourse, surface or subsurface drainageway, channel or stream, or a subdivision proposes the creation of such surface or subsurface drainageways, there shall be provided and dedicated a drainage right-of-way easement to the Township. The width of the drainage easement required shall be determined by the Township Engineer based upon the width needed to accommodate future stormwater runoff and to allow sufficient area for maintenance or construction activities. A minimum width of all drainage easements shall be 40 feet, or 20 feet from the edge of the watercourse.
(11)
Detention basins shall be designed in accordance with the following criteria:
(a)
Inflow Q shall be designed for a twenty-five-year-recurrence interval under full development conditions within the subdivisions.
(b)
Outflow Q shall be designed based on the capacity of the nearest downstream drainage structure, but it shall not be less than the ten-year-recurrence interval under full development conditions within the subdivision.
(c)
All detention basins shall have a minimum freeboard of one foot above the design high water level and shall likewise have an emergency spillway capable of discharging flow from a design storm with a recurrence interval of 100 years. Where the depth of high water in any basin exceeds two feet, then a fence of minimum height of eight feet and made of approved material shall be required.
(d)
Detention basins are not permitted where soils have a percolation rate of less than five minutes per inch or more than 60 minutes per inch.
(12)
Retention basins shall be designed in accordance with the following criteria:
(a)
Inflow Q shall be designed as required for detention basins.
(b)
Outflow Q shall not be considered for any basin whose soil percolation rate is in excess of six minutes per inch.
(c)
The bottom elevation of all retention basins shall be a minimum of two feet above the seasonal high water table. Overflow and freeboard design shall be as previously specified for detention basins. Fencing requirements shall likewise be as previously specified for detention basins.
(d)
The preferred side slope of the banks for either detention or retention basins shall be a 5:1 ratio with a minimum acceptable ratio of 3:1 if conditions do not permit.
(e)
Retention basins are not permitted where soils have a percolation rate of less than five minutes per inch or more than 60 minutes per inch.
(13)
Collection basis. The collection basis shall be designed in accordance with the Rational Method expressed as the equation:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Q=AIR |
Where: | ||
Q | = | Volume of runoff in cubic feet per second. |
A | = | The contributory drainage area, in acres, both within and outside the boundary of the subdivision. |
R | = | Rainfall intensity. A minimum intensity of 2.75 shall be used. |
I | = | Coefficient of runoff applicable to the drainage area. It shall consider the soil character, slope of area and degree of ultimate development as determined by current zoning. In general, the values of the runoff coefficient will fall within the following range. For composite areas of various classifications, the coefficient for the predominate area shall be used for all calculations. |
Classification | Coefficient |
|---|---|
Parklands, golf courses, etc. | 0.15 to 0.30 |
Densities below 2 DU/acre | 0.30 to 0.50 |
Densities of 2 DU/acre and above | 0.50 to 0.70 |
Commercial | 0.70 to 0.90 |
(14)
Flow design criteria.
(a)
Velocity of flow shall be determined by Manning's Formula:
V | = | 1.486R2/3 | S1/2 |
n |
Where: | ||
R | = | Hydraulic radius of conduit, or area of stream divided by wetter perimeter. |
S | = | Slope of hydraulic grade line, or for open channels or ditches, the slope of the water surface. |
n | = | the coefficient of friction. |
(b)
Acceptable values of "n" are:
(c)
Other cross sections of pipe materials shall have commensurate friction factors as may be approved by the Township Engineer.
Permissible Design Velocities Open Channel Ditches | |
|---|---|
Material | Velocity (feet per second) |
Fine sand to loam | 2.5 to 3.5 |
Clay to hardpan | 3.75 to 6.0 |
Concrete-lined | 15 |
Pipe | * |
* | Minimum design velocity at flowing full condition shall be three feet per second. Pipes shall be considered "flowing full" at maximum capacity. |
§ 115-86 Lot configuration.
A.
Lot dimensions and area shall not be less than the requirements of Part 3, Zoning, of this chapter.
B.
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C.
Where additional right-of-way has been required to bring existing rights-of-way up to standard, lots shall begin at the proposed right-of-way line and all setbacks shall be measured from that line.
D.
For proper development of the land within the Township, lots shall have an average length no greater than 250% of the average width, except where the width exceeds three times the zoning requirement.
E.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or where percolation tests or test borings show the ground conditions to be inadequate for proper on-lot sewage treatment, the Planning Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Planning Board shall specify the reasons for such denial in the minutes.
§ 115-87 Natural features.
The important natural features of a site shall be preserved in the design of all subdivisions. Natural features which shall be protected include the natural terrain, wetlands, wooded areas, vistas, natural drainageways, and lakes. A developer shall only be permitted to significantly alter or encroach on the existing natural features if the Planning Board is convinced that the alteration is the minimum necessary to allow the use of the land for the intended purpose and that there are no alternative to the subdivision design which would eliminate or mitigate any adverse impact on natural features.
§ 115-88 Trees.
A.
The clearing of woodland shall be strictly controlled. The stripping of trees from a lot and the filling or the alteration of the water table in wooded areas shall be prohibited except if an extensive replacement tree planting program has been approved by the Township Planning Board. All subdivisions and developments shall be designed to have minimal impact on existing woodland. The siting of structures shall be such as to preserve the maximum number of trees over 15 inches in diameter and all trees over 24 inches in diameter.
B.
Shade trees. In all major subdivisions, shade trees shall be provided along the road frontage. Two trees properly planted, staked, and fertilized shall be provided for every 100 feet of road frontage except if an equivalent number of trees are preserved within 50 feet of the right-of-way. All shade trees shall meet the following requirements:
(1)
Trees shall be a deciduous variety (oak, hard maple) native to the area and shall be approved by the Planning Board.
(2)
Trees shall be nursery-grown and shall have a minimum caliper of 1 1/2 inches measured three feet above the ground.
(3)
Trees shall be planted where required by the Planning Board in a planting strip 10 feet from the edge of the shoulder when the road has been designed according to the approved cross sections.
§ 115-89 Topsoil protection.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed within the subdivision so as to provide at least four inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
§ 115-90 Pedestrian circulation.
A.
A pedestrian circulation system shall be provided for all major subdivisions over 20 lots and may be required whenever an interior street system is utilized. The system shall include sufficient sidewalks and interior walkways to provide safe pedestrian movement between residential units and to provide access to environmental amenities, recreation areas, and other forms of pedestrian attraction within, adjacent to, or in close proximity (1/2 mile) of the site. The circulation system shall connect with any existing or proposed adjacent developments and may or may not be related to the street system. The Township Planning Board shall review and approve the proposed circulation system.
B.
In all major subdivisions, sidewalks shall be required along both sides of roads classified as Township collectors or county-local roads.
C.
Whenever a pedestrian circulation system is not required, the following design standards shall apply:
(1)
Sidewalks may be required by the Planning Board along both sides of culs-de-sac, loop streets, and minor collectors.
(2)
When the subdivision is within 1/2 mile of a pedestrian attractor which includes commercial establishments, municipal or governmental offices, schools, places of worship, post offices and recreation areas, sidewalks shall be required to allow pedestrian movement to such facilities.
(3)
Sidewalks or interior walkways may be required to provide access to environmental amenities within or adjacent to the subdivision.
(4)
The Planning Board may require sidewalks on both sides of a street near intersections or at such other locations due to pedestrian safety considerations.
(5)
Sidewalks shall not be required in zones where the minimum lot width is in excess of 150 feet.
D.
In minor subdivisions, sidewalks shall be required when the subdivision is located immediately adjacent to an area where sidewalks are currently provided, where installation of sidewalks is imminent, or where a utility section of the Master Plan indicates the planned development of walkways.
E.
Construction. Where required, sidewalks shall be set back three feet from the edge of the improved road and shall be four feet wide and four inches in thickness. Sidewalks shall be concrete or an equivalent approved by the Planning Board and shall be constructed in accordance with the specifications of the New Jersey State Department of Transportation. Walkways within the open space reserved under the cluster option shall be limited in scale and shall be composed of material compatible with the natural character of the area.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-91 Streetlighting.
Streetlighting shall be provided in accordance with the recommendations of the Township Engineer and as required by the Township Planning Board. Adequate lighting shall be provided at all intersections and along all roads classified as Township collectors. The developer shall pay to the Township the costs of operation of said streetlights (as determined by the standard rates of the utility) until the street upon which said streetlights are installed is accepted by ordinance of the Township Committee as a public street.
§ 115-92 Public utilities.
A.
All public services shall be connected to an approved public utilities system, where one exists. Prior to the granting of final approval, the subdivider shall submit three copies of a final plat showing the installed location of these utilities, as well as a written instrument from each serving utility, which shall indicate compliance with this section.
B.
For all major subdivisions, the subdivider shall arrange with the serving utility for the underground installation of the utilities distribution supply lines and service connection. Service connections shall be made underground for all minor subdivisions whenever the supply lines that serve the lands are underground. Subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed shall have future service connections installed underground. Whenever the widening or extension of a street requires the replacement or relocation of utilities, such replacement or relocation shall be underground. Common trenches shall be utilized by utilities where practical.
C.
In large-scale development, easements along rear or side property lines may be required. Such easements shall be at least 20 feet wide and, to the extent possible, be centered on or adjacent to rear or side lot lines.
§ 115-93 Street signs.
Street signs shall be metal posts of the type, design, and standards utilized elsewhere in the Township. The location of the street signs shall be determined by the Planning Board, but there shall be at least two street signs at each intersection. All street signs shall be located free of visual obstruction.
§ 115-94 Monuments.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:26B-3. All lot corners shall be marked with a durable metal alloy pin.
§ 115-95 Required improvements.
Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor, located outside the property limits of the subject premises but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development.
§ 115-96 Improvements to be constructed at developer's expense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In cases where the need for an off-tract improvement is reasonably created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to the Township of Elsinboro or Salem County or, in lieu thereof, the subdivider or developer may be required to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.
§ 115-97 General standards for other improvements.
In cases where the need for any off-tract improvement to be implemented now or in the future is reasonably necessitated by the proposed development application, and where it is determined that properties outside the development also will be benefited by the improvement, the following criteria, together with the provisions of rules and regulations of the Township of Elsinboro or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:
A.
Sanitary sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
(1)
The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Elsinboro Township sewer design standards, including infiltration standards.
(2)
Developer's pro rata share.
(a)
The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer, although some charges, including but not limited to capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Developer's Prorated Share | = | Development gpd |
Total Enlargement or Improvement Cost | Total Tributary gpd |
(b)
If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the developer shall be computed as follows:
Developer's Prorated Share | = | Development Tributary gpd |
Total Project Cost | Total Tributary gpd to New System |
(c)
Specific plans for the improved system or the extended system shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs at the time when preliminary approval of the application for development is granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
(1)
The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.
(2)
The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Developer's Prorated Share | = | Additional Peak-Hour Traffic Generated by the Development |
Total Cost of Roadway Improvement and/or Extension | Future Total Peak-Hour Traffic |
(3)
Specific plans for the roadway improvement and/or extension shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and/or extension and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's prorated share shall be determined as follows:
(1)
The capacity and design of the drainage system to accommodate stormwater runoff shall be computed by the developer's engineer and approved by the Township Engineer and shall be based on a method either described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1986, as amended, or as described in American Society of Civil Engineers Manuals and Reports on Engineering Practice No. 37, 1974, as amended, or as otherwise approved by the Township Engineer.
(2)
The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:
Developer's Prorated Share | = | Development cfs |
Total Enlargement or Improvement Cost of Drainage Facilities | Total Tributary cfs |
(3)
Specific plans for the enlargement or improvement of the drainage facilities shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the enlargement or improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Water.
(1)
Regarding all nonresidential developments and all planned developments, and regarding subdivisions where public water is accessible, water mains shall be constructed and connected to the existing public water supply systems by the applicant, at the applicant's sole expense, and in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standard of the local and/or state agency having approval authority and shall be subject to its approval. The system also shall be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible. For the purpose of this section, "accessible" shall mean that the property to be developed is no further from an existing water main than the number of feet calculated by multiplying the number of lots in the proposed subdivision by 200 or, in the case of subdivisions in which more than 15 lots are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main.
(2)
Where no public water is accessible to a subdivision as defined hereinabove, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum 100 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954),[1] as amended, and in accordance with the guidelines and resolutions adopted by the County Health Department. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Health Department that he/she has complied with all applicable state, county and local regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
(3)
Where no public water is accessible to a subdivision as defined hereinabove, in addition to complying with the other applicable provisions of this chapter, the applicant shall deposit funds in escrow with the Township of Elsinboro in an amount equal to the cost of connecting the subdivision to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including, but not limited to, materials, installation, taxes, appurtenances and surcharges, if any.
(4)
In lieu of depositing the aforesaid escrow funds, the applicant may, at his/her option, elect to install water main extensions in the subdivision, even though public water may not be accessible as defined hereinabove.
§ 115-98 Escrow accounts.
Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township of Elsinboro in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if the Township of Elsinboro has taken legal steps to provide for the design and financing of such improvements.
§ 115-99 Referral to Township Committee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Planning Board shall forthwith forward to the Township Committee a list and description of all such improvements, together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee determination or the expiration of 90 days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.
B.
The Township Committee, within 90 days of receipt of said list and description, shall determine and advise the Planning Board concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.
C.
In the event that the Planning Board is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition its approval upon the subsequent determination of the Township Committee.
§ 115-100 Implementation of off-tract improvements.
A.
In all cases, developers shall be required to enter into an agreement or agreements with the Township Committee in regard to off-tract improvements within one year from the date of municipal subdivision or site plan approval and in accordance with this chapter and any other ordinances, polices, rules and regulations of the Township of Elsinboro, Salem County and the State of New Jersey and any departments, authorities or agencies thereof. Should such an agreement or agreements not be entered into within the aforesaid one-year time period, or within such extended time period as may be granted by the Township Committee, the municipal subdivision and/or site plan approval shall be deemed null and void.
B.
Where properties outside the subject tract will be benefitted by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with § 115-98 hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
C.
Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which all properties, including the subject tract, will be specifically benefitted thereby, and the subdivider or developer shall be liable to the municipality for such expense.
D.
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefitted thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefitted by the improvement as the same may be determined by the Township Tax Assessor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Elsinboro, County of Salem and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.
F.
In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:
(1)
The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;
(2)
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;
(3)
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and
(4)
The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.
§ 115-101 Performance guaranties.
No final plat shall be approved by the Planning Board until completion of all such required improvements as set forth in the resolution granting preliminary approval shall have been so certified to the Planning Board by the Township Engineer, unless the subdivider or subdivision owner shall have filed with the Township a performance guaranty sufficient in amount to cover the cost of all such improvements or the uncompleted portions thereof as established by the Township Engineer, guaranteeing the installation of such uncompleted improvements on or before a date to be specified by the Planning Board.
A.
Form. The performance guaranty shall be in the form of one of the following:
(1)
Corporate surety bond furnished by a bonding or surety company authorized to do business in the State of New Jersey.
(2)
Certified or cashier's check made payable to the Township.
(3)
Certificate of deposit in a recognized banking institution which can be withdrawn only after action by the Township Committee, determining that the requirements of final approval have been fulfilled and which may be claimed by the Township in the event such requirements are not met.
(4)
Letter of credit from a recognized banking institution.
(5)
Any other form approved by the Township Solicitor.
(6)
Up to 10% may be required by the Planning Board in the form of cash.
B.
Procedure. All performance guaranties shall be submitted to the Secretary of the Planning Board, who shall forward a copy to the Township Engineer and Township Solicitor. The Township Engineer shall determine that the performance guaranty is in sufficient amount to assure the completion of all required improvements, and the Township Solicitor shall notify the Planning Board as to the acceptability of the performance guaranty in terms of form and execution. Upon the granting of final plat approval and after receipt of an approved final plat, the Secretary shall forward any performance guaranty posted with and accepted by the Planning Board to the Township Clerk for filing. The Planning Board Secretary shall maintain a record of all surety bonds received by the Township in connection with subdivisions and shall, within 90 days of the expiration of any surety bond, notify the Township Committee of said pending bond expiration. Copies of said notice shall be sent to the Township Clerk, Township Solicitor, and Township Engineer.
C.
Such performance guaranties shall run for a period to be fixed by the Planning Board but in no case for a term of more than three years. However, with the consent of the obligor and the surety, the Township Committee may, by resolution, extend the term of such performance guaranty for an additional period not to exceed three years. The amount of the performance guaranty may be reduced by the Township Committee by resolution when portions of the required improvements have been installed. If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the municipality for the reasonable cost of improvements not installed.
D.
Release of any performance guaranty posted in connection with a development shall be in accordance with the provisions of N.J.S.A. 40:55D-53.
§ 115-102 Maintenance guaranties.
All developers shall execute a maintenance guaranty and post said guaranty with the Township in a surety for the maintenance and repair of all improvements required to be installed by the developer except when the cost of said improvements is less than $10,000. The maintenance guaranty shall be for a period of two years from the date of final acceptance of the improvements by resolution of the Township Committee, and its amount shall be equal to 10% of the Township Engineer's estimate of the cost of construction of the required improvements. The maintenance guaranty shall apply to such repairs as may be necessitated by substandard original construction or by damage by the developer in the course of development of the subdivision.
B.
All maintenance guaranties shall be submitted to the Township Clerk, who shall forward a copy to the Township Engineer and Township Solicitor. The Township Engineer shall determine that the maintenance guaranty is in sufficient amount to assure the completion of all required improvements, and the Township Solicitor shall notify the Township Committee as to the acceptability of the maintenance guaranties in terms of their form and execution.
C.
Upon acceptance of the maintenance guaranty, the Township Clerk shall notify the Secretary of the Planning Board, who shall maintain a record of all surety bonds received by the Township in connection with developments in accordance with the provisions of § 115-101B.
D.
The release of a maintenance guaranty shall be by resolution of the Township Committee, after recommendation of release by the Township Engineer.
§ 115-103 Inspections.
All of the required improvements of a development shall be inspected during the time of their installation by the Township Engineer to ensure satisfactory construction.
A.
Notice. The Township Engineer shall be notified at least seven days prior to the start of construction and at least two days before each stage of construction. No underground installation of any type shall be covered until inspected and approved by the Township Engineer. In no case shall any paving work be done without permission from the Township Engineer's office so that he or a qualified representative may be present at the time work is to be done. The Township Engineer's office shall be notified after each phase of work has been completed (i.e., road subgrade, curb forms, curbing, etc.) so that he or a qualified representative may inspect the work.
B.
A final inspection of all improvements and utilities will be started within 10 days' notification by the developer to determine whether the work is in agreement with the approved final plat plans and Township specifications. Upon a final inspection report, action will be taken to release or declare in default any performance guaranty concerning such improvements. Inspection by the Township of the installation of improvements shall not operate to subject the Township to liability, suits, and claims of any kind that may at any time arise because of defects or negligence during construction.
§ 115-104 Violations and penalties.
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to the Municipal Land Use Law, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
B.
In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense, and title closing expense, if any. Any such action must be brought within two years of the date of the recording of the instrument of transfer, sale, or conveyance of said land or within six years if unrecorded.