Hainesport City Zoning Code
ARTICLE XI
Improvements
§ 104-90 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 is 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.
§ 104-91 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 municipality performance guaranties sufficient in amount to cover the cost of all such improvements or incomplete portions thereof as estimated by the reviewing 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)
Gutters and/or curbs and 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.
(10)
Fire hydrants.
(11)
Recreational facilities and open space.
(12)
Streetlighting.
(13)
Landscaping, compensatory planting and grading.
(14)
Pedestrianways and 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 Article XII of this chapter. These standards shall be deemed minimum standards, and 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 subsection shall constitute a violation of the provisions of this chapter and shall 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 applicant shall submit as part of his application for final approval a statement by the Township Committee indicating that the Township Committee has no objection to the improvements proposed for dedication. The Township's governing body shall have the right to accept or not accept the uncoerced dedication of the improvements specified above when 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.
§ 104-92 Performance and maintenance guaranties.
A.
Performance guaranties.
(1)
Posting and guaranteeing. Before recording of a final subdivision plat or as a condition of final site plan approval or as a condition of the issuance of a zoning permit pursuant to the Municipal Land Use Law,[1] the approving board may require and the governing body shall accept in accordance with the standards of this chapter a performance guaranty for the purpose of assuring the installation of on-tract improvements. Said performance guaranties shall guarantee to the Township that all improvements will be constructed in accordance with Township standards by specified date and that the Township's governing body shall have the right subsequent to this date to make use of the guaranty to fund the necessary installation of these improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed and the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Amount. The reviewing board engineer or, in the case of municipal facilities, the Municipal Engineer shall, where the applicant is required to post a performance guaranty, determine the amount necessary to install the improvements required in the event that the Township shall be required to install these improvements upon the default of the applicant. The amount specified by the engineer shall be the estimated cost of furnishing materials for and installing the improvements, plus 20% pursuant to the Municipal Land Use Law.
(3)
Types. Performance guaranties may be in any of the forms listed below:
(a)
A performance bond issued by a bonding or surety company approved by the Township governing body by resolution.
(b)
A certified check returnable to the applicant after completion and acceptance of the improvements by the Township governing body.
(c)
A bona fide irrevocable letter of credit.
(d)
Any other type of surety recommended by the Township Solicitor and approved by the Township governing body by resolution.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(4)
Approval and term. All performance guaranties shall be approved by the Township Solicitor as to form, sufficiency and execution. Performance guaranties shall list the items and quantities as outlined in the engineer's estimate for furnishing and installing the improvements. Such performance guaranties shall run for a period to be fixed by the approving agencies, and in no case shall the term be more than three years. Said term shall be stated in the performance guaranty. However, with the consent of the builder and surety, if there is one, the Township governing body may, by resolution, upon the recommendation of the reviewing board, extend the term of such performance guaranties for additional periods of time (in one-year increments) not to exceed three years. As a condition, or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined by the governing body as of the time of passage of the resolution.
[Amended 3-11-1980 by Ord. No. 1980-3; 4-12-1994 by Ord. No. 1994-4-3]
(5)
Reduction. Where a partial approval for a reduction is granted by the governing body, the developer and surety shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements upon the recommendation of the reviewing board engineer or, in the case of municipal facilities, the Municipal Engineer. Action by the Township governing body shall be by written resolution. In the event of a reduction, the applicant shall present to the Municipal Clerk performance guaranties sufficient in amount and form to meet the standards elsewhere set forth in this section for the remaining improvements to be completed. By presentation of these performance guaranties, the Municipal Clerk shall deliver the initial performance guaranties to the applicant for cancellation within seven days.
[Amended 3-11-1980 by Ord. No. 1980-3]
(6)
Default. In the event that the applicant shall fail to install the improvements required under the provisions of this chapter within the time period specified by the performance guaranties, or the extension thereof, the Township shall have the right, subsequent to the date wherein performance is called for, to make application against the performance guaranties for all funds required to cause the improvements to be installed in accordance with municipal standards. The obligor and/or surety shall, within 15 days upon receipt of a written request from the Township, post with the Municipal Clerk the necessary funds to cause the improvement to be installed. These funds shall be deposited in regular Township accounts and be utilized by the Township to install the improvements called for. In addition to the above and not in limitation thereof, the municipality may also by way of alternative seek the specific performance from the obligor or surety in a court of competent jurisdiction.
B.
Maintenance guaranties.
(1)
Posting and guaranteeing. Pursuant to the Municipal Land Use Law,[2]the applicant shall also, at the time approval is given on the installation of any of the improvements required under this chapter, post a maintenance guaranty covering the improvements so approved. This maintenance guaranty shall guarantee to the Township that there is no defect in workmanship or material in the improvements so installed that would permit the improvements to fail within a period of two years after final acceptance by the Township.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
Amount. A maintenance guaranty required under this section of this chapter shall be in the amount of 15% of the actual cost of the improvements installed and accepted as determined by the reviewing board engineer or, in the case of municipal facilities, the Municipal Engineer.
(4)
Default. In the event that any of the improvements for which a maintenance guaranty shall be posted shall fail within a period of two years after final acceptance of the improvement by the Township as certified by the reviewing board engineer or, in the case of municipal improvements, the Municipal Engineer, then and in that event the Township shall have the right to apply to the obligor or surety for all funds set forth within the maintenance guaranty to allow the Township to reconstruct or repair the improvements so installed. The obligor or surety shall, within 15 days from written application by the Township, post these funds with the Municipal Clerk, whereupon the Township shall proceed in accordance with the provisions of law to make all necessary repairs or reconstruction of the improvements called for. The municipality may also by way of alternative seek a specific performance from the obligor or surety in a court of competent jurisdiction.
§ 104-93 Approval procedures.
A.
Request; inspection report. When all of the required improvements have been completed, the obligor shall notify the governing body and reviewing board in writing, by certified or registered mail addressed in care of the Municipal Clerk and reviewing board administrative officer, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer and reviewing board engineer. Thereupon the Municipal Engineer shall inspect all of the municipal improvements and shall file a detailed report, in writing, with the governing body, and thereupon the reviewing board engineer shall inspect all of the on-tract improvements and shall file a detailed report, in writing, to the reviewing board, which shall cause this report to be submitted to the governing body. Said reports shall indicate either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth. The governing body shall either approve, partially approve or reject the improvements by resolution on the basis of the reports of the Municipal Engineer and reviewing board engineer. Said resolution shall contain a statement of the reasons for such approval or rejection.
B.
Acceptance or rejection. The Township governing body shall accept or reject improvements, grant partial approval or withhold approval on the basis of such reports and shall notify the obligor, in writing, by certified or registered mail, of the contents of said report and the action of the Township governing body with relation thereto not later than 65 days after receipt of the aforesaid notice by the obligor that the improvements are completed. When partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty bond, except for that portion adequate and sufficient to secure the improvements not yet approved.
C.
No action. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.
D.
Rejected items; completion. If any portion of said improvements shall not be approved or shall be rejected by the Township governing body, the obligor shall cause the same to be completed and, upon completion, the same procedure of notification as outlined herein shall be followed.
§ 104-94 Appeals; fees.
A.
Appeal. Nothing herein, however, shall be construed to limit the obligor's right to contest or question by legal proceedings or otherwise any recommendation of the Township governing body, reviewing boards or their agents.
B.
Fees. The obligor shall be responsible for all of the reasonable inspection fees incurred by the Township in making the foregoing inspections.
§ 104-95 Off-tract improvements.
A.
Generally. Prior to the granting of preliminary approval to any application for development, the reviewing board shall determine the off-tract effects which approval of the applicant's plan shall have upon the road systems, stormwater drainage systems, sanitary sewer systems and the potable water systems 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 board 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.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
B.
Standards of review. The reviewing board, 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 Master Plan and the following enumerated standards for the system referred to:
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(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 reviewable factors. The reviewing board may take into consideration the following:
[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, 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 board may require the furnishing of detailed reports at the applicant's expense to assist the board in determining whether or not the facilities available are adequate to meet the needs created by the applicant's project.
(2)
Stormwater drainage systems.
(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.
(b)
Specified reviewable factors. The reviewing board, 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 and proposed development in the drainage basin and its effect upon the facilities under discussion.
[3]
Existing and proposed stormwater drainage within the drainage basin maintained by other developments, 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]
The 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 board 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 pounds per square inch (psi) or delivering water at 750 gallons per minute with a residual pressure of 20 psi.
(b)
Specific reviewable factors. The reviewing board, in evaluating whether or not the development conforms to the above-stated 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 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 water mains meeting the standards of this chapter.
[5]
The location of proposed water main extensions, whether these extensions are to be installed by the local municipality, other developer, private utility company, the county and 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]
The 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]
The availability and sufficiency of on-tract water facilities to handle the applicant's needs.
[11]
Requirements of 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's project.
(4)
Sanitary sewer facilities.
(a)
General requirements. All developments for which approval is sought shall have an adequate sanitary sewer collector system presented on development plans. A developer shall, in developments for which sanitary sewer service is available through an approved sewage treatment plant, pursue approval of such service prior to final approval by the reviewing board. Developments for which sanitary sewer service will not be available when construction is scheduled to commence and for which sanitary sewer service is anticipated to be available by the Board and the Sanitary Sewerage Authority within a reasonable time thereafter shall be provided with a dry sanitary sewer collector system by the developer in accordance with approved plans.
(b)
Exceptions. Developments involving single-family dwellings to be built on lots containing at least 40,000 square feet each and commercial or industrial developments situated in an area where potable water service is currently used by all residential and nonresidential uses and evidencing that the proposed development will be adequately served by on-site sewage disposal systems may be considered for waiver of the requirement for dry sanitary sewer collector system construction. However, where sanitary sewer service is available to those developments, there shall be no waiver for connection.
[Amended 12-31-1988 by Ord. No. 1988-14-6]
C.
Municipal off-tract improvements. The Township Committee may provide for items over which it has jurisdiction within its certificate of adequacy the following:
(1)
Municipal costs. That the municipality shall provide the facilities required to the applicant's development entirely at municipal expense.
(2)
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.
(3)
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. The applicant shall be required to pay for that portion of the costs of the 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.[1]
[1]
Editor's Note: Original Sec. 15.114.4C(2), which immediately followed this subsection and was identical to the last sentence of this subsection, has been deleted.
D.
Contract provisions. Any contract entered into between the Township and the applicant shall specify the following:
(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.
(2)
Engineer's specifications. All construction shall be performed pursuant to plans and specifications prepared by the Municipal Engineer and shall be in conformity with 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.
E.
Nonmunicipal off-tract improvements. For improvements involving agencies other than the Township, the developer and said agency may enter into such arrangements which they deem appropriate for the provision of adequate off-tract facilities. Prior to acceptance by the reviewing board of a certificate of adequacy for such facilities, said proposed improvements shall be subject to the review and approval of the Municipal Engineer. Further, prior to acceptance by the reviewing board of a certificate of adequacy, any agreement entered into between the developer and other agencies shall be reviewed and approved as to reasonableness by the reviewing board's attorney.
F.
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 or others in conformity with general prevailing construction plans for such projects.