Millstone Township City Zoning Code
ARTICLE 10
Improvements
§ 35-10-1 REQUIREMENTS PRIOR TO INSTALLATION OF IMPROVEMENTS.
The installation of any subdivision improvements or the commencement of any clearing and grading subsequent to preliminary approval shall not be undertaken unless the following has been done:
§ 35-10-1.1 Zoning Permit.
A Zoning Permit has been issued pursuant to Article 3, § 35-3-7.1.
§ 35-10-1.2 Improvements Not To Create Future Development or Aesthetic Problems.
The Municipal Agency having jurisdiction over the subdivision (Planning Board or Board of Adjustment) in consultation with the Township Engineer has determined that the clearing, grading, and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken.
§ 35-10-1.3 Required Fees To Be Paid and Performance Guarantees Posted.
The required inspection fees have been paid, and adequate performance guarantees have been posted to provide for the cost to the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or further development of the site is not undertaken. Such performance guarantees shall include, but are not limited to, the cost of the Township providing stabilizing the site, drainage facilities necessary to protect off tract areas from flooding, screening, or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.
§ 35-10-1.4 Developers Agreement Required.
Prior to any disturbance of the site or commencement of any construction, the developer shall enter into an agreement with the Township Committee. This agreement shall be of a form that is acceptable to the municipal attorney and one in which the developer agrees to abide by the terms and conditions of approval, construct the required improvements in accordance with the approved plans, agree to maintain the site and the constructed improvements. The developer also shall agree that in the event that the site and improvements are not maintained, the Township can utilize the cash portions of the performance guarantee to immediately attend to items presenting a safety hazard.
§ 35-10-2 INSTALLATION OF IMPROVEMENTS AND/OR PERFORMANCE GUARANTEES REQUIRED PRIOR TO FINAL APPROVAL.
Prior to the granting of final approval, the subdivider shall have installed or shall furnish performance guarantees for the ultimate installation of the following:
§ 35-10-2.1 Curbs.
Curbs shall not be required in the R-130 Residential Zone and at the discretion of the Planning Board may only be required at certain locations in the R-80 Residential Zone for drainage control purposes, curbs shall be concrete or Belgian block. If concrete, curbs shall not be less than 18 inches deep and six wide at the top and eight inches wide at the bottom. The concrete shall have a compressive strength of 3,500 pounds per square inch (NJDOT Class 3) after 28 days. The maximum length of blocks shall be 10 feet with a performed bituminous expansion joint filler 1/2 inch thick installed ever 20 feet. The finish shall be a float finish with the corner rounded.
§ 35-10-2.2 Streets.
All streets shall be graded to their full width between property lines and in accordance with the grades and cross sections shown on the approved preliminary plan. The minimum for the pavement of any street shall be as shown on the "typical cross sections" and constructed in accordance with the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1987), as amended, where subbase conditions of proposed street are wet, springy or of such a nature that paving would be inadvisable without first treating the subbase, the subbase shall be stabilized by the installation of suitable sub-surface and subbase material or other construction as may be required to meet the special condition. The methods employed to stabilize the subbase shall be approved by the Township Engineer.
§ 35-10-2.3 Storm Drains.
All streets shall be provided with catch basins and storm drains for proper surface drainage. Where drainage water from the streets shown on the plat discharges on the property of the owners or others, proper easements shall be obtained by the applicant and furnished to the Township covering the rights to discharge such drainage water. Where drainage water from streets or property adjoining the proposed subdivision flows to or through the proposed subdivision, satisfactory provisions shall be made for the continuance of the flow, and such additional width or construction as may be necessary to handle further anticipated flows shall be provided. Catch basins, manholes and headwalls shall be constructed in accordance with the standard construction details as approved by the Township Committee. Storm drain pipes shall be reinforced concrete culvert pipe conforming to ASTM Specifications C 76-61, Class IV. At through intersections where it is necessary to conduct surface water across a street, it may be accomplished by the use of a twelve-inch minimum diameter cast iron culvert pipe. At other than through intersections dished gutters may be provided.
Storm drains shall be located within the curblines of streets and shall be located such that the excavation therefor shall not be under proposed curbs. Catch basins shall be located, preferably, at or near the end of curb returns at intersections.
§ 35-10-2.4 Street and Traffic Signs.
The required street and traffic signs shall be installed.
§ 35-10-2.5 Landscaping.
[Ord. No. 99-06 § VI; Ord. No. 08-28 § 1]
All street trees shall be installed. For specific requirements relating to the provision of landscaping, see § 35-11-14 of this chapter.
§ 35-10-2.6 Sight Triangle Easements.
Sight triangle easements shall be required at all intersections, in addition to the required right-of-way which, in which no grading, planting or structure shall be erected or maintained except for street signs, fire hydrants, and utility poles. The sight triangle is defined as that area outside the street right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight points" one each located on the two intersecting street center lines: arterial streets at 300 feet; collector streets at 200 feet; and local streets 90 feet where the intersecting streets are both arterials, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the "sight point" noted above with a "sight point" 90 feet on the intersecting street. Such easement dedication shall be expressed on the plat as follows: "Sight triangle easement granted to the Township of Millstone, as provided for and expressed in the Land Use and Development Regulations of the Township of Millstone."
§ 35-10-2.7 Topsoil.
[Ord. No. 04-16 § I]
Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover in all disturbed areas. In instances where the initial removal and stockpiling of topsoil does not provide for the redistribution of topsoil to a minimum depth of six inches the owner or developer shall be required to bring additional topsoil to a site and redistribute same so as to provide a minimum of six inches of topsoil for the seeding, planting and stabilization of all disturbed areas. All disturbed areas of a subdivision not covered by buildings or impervious surfaces shall be properly and adequately stabilized by seeding or planting.
§ 35-10-2.8 Monuments.
Monuments shall be of the size and shape required by N.J.S.A. 46:23-94 and shall be placed in accordance therewith.
§ 35-10-2.9 Bridges. [1]
All bridges shall be approved by the appropriate state or county agency.
[1]
Editor's Note: Former § 35-10-2.9, Water Mains, etc., was repealed 5-20-2020 by Ord. No. 20-13, this ordinance also renumbered former §§ 35-10-2.10 through 35-10-2.14 as §§ 35-10-2.9 through 35-10-2.12, respectively.
§ 35-10-2.10 Sidewalks. [1]
Sidewalks shall not be required in the R-170 or R-130 Residential Zone and at the discretion of the Planning Board may only be required along one side of the street in the R-80 Residential Zone. Sidewalks shall be at least four inches thick, of Class C concrete having a twenty-eight-day compressive strength of three 3,500 psi, except at points of vehicular crossing where they shall be at least six inches thick of Class B concrete having a twenty-eight-day compressive strength of 4,000 psi, and shall be reinforced with 6x6 10/10 welded wire mesh.
[1]
Editor's Note: Former § 35-10-2.11, Sanitary Sewers, was repealed 5-20-2020 by Ord. No. 20-13, this ordinance also renumbered former §§ 35-10-2.10 through 35-10-2.14 as §§ 35-10-2.9 through 35-10-2.12, respectively.
§ 35-10-2.11 Site Grading.
Site grading shall be done according to the approved site grading plan.
§ 35-10-2.12 Soil Erosion and Sedimentation.
Soil erosion and sedimentation control measures in accordance with the approved land disturbance plan.
§ 35-10-3 IMPROVEMENTS TO BE IN ACCORDANCE WITH TOWNSHIP STANDARDS.
All improvements shall be constructed and installed in accordance with the "Plan of Standard Details" adopted by the Township Committee and hereby declared to be a part of this chapter.
§ 35-10-4 APPLICABILITY OF STATEWIDE RESIDENTIAL SITE IMPROVEMENT STANDARDS.
[Ord. 97-09]
The improvement requirements of this article 10 shall be applicable to all development applications, unless a particular standard or requirement in this article has been specifically superseded by a Statewide Residential Site Improvement Standard validly adopted by the New Jersey Commissioner of Community Affairs pursuant to N.J.A.C. 5:21. In the event of future amendments of the Residential Site Improvement Act, N.J.S.A. 40:55D-40.1, then only those specific sections of this article which are covered by the Act shall be superseded by the Statewide Residential Site Improvement Standards as then in effect, and all other standards of this article 10 shall remain in force and shall be applicable to all land development applications in every case.
§ 35-10-5 COMPLETION OF IMPROVEMENTS.
[Ord. No. 01-30 § I]
The following provisions shall control completion of improvements:
a.
Time for Completion. All bonded improvements shall be completed the earlier of (1) within three months after 85% occupancy of the project as determined by the Township Engineer; or (2) within three years from either (a) the date of release by the Township of the signed subdivision or site plan map, or (b) date of first on-site soil disturbance, whichever is later. If the development has been granted approval by the Township reviewing agency, in sections, the time for completion of improvements as set forth herein shall apply on a section by section basis.
b.
Application for Extension. Pursuant to N.J.S.A. 40:55D-53(b), the developer may apply to the Township Committee for an extension of time within which to complete installation of the improvements. Such application shall (1) be in writing, (2) detail all reasons the extension is deemed necessary by the developer, (3) include an itemized listing of which improvements have been completed and which improvements remain uncompleted, (4) include, as to each uncompleted improvement, an estimated time when the developer anticipates that each such uncompleted improvement shall be completed. The written application shall be submitted to the Township Clerk by certified mail, return receipt requested, with a copy to the Township Engineer, Township Attorney and the surety, no later than three months prior to the expiration of the time to complete the improvements.
c.
Township Engineer's Report and Recommendation. Upon application for an extension of time within which to complete improvements having been submitted by a developer, the Township Engineer shall cause the developer's project to be inspected and shall prepare a report containing an itemized cost estimate listing all uncompleted or unsatisfactorily completed improvements. As to each uncompleted or unsatisfactorily completed improvement, the Township Engineer shall set forth a reasonable time period for same to be completed/corrected. Further, in his/her report, the Township Engineer shall make a recommendation to the Township Committee as to whether or not the developer's application for extension should be denied or granted, and any conditions which should be imposed in the event of favorable action on the application. In addition, the Township Engineer's report shall make a specific recommendation as to whether or not, if the extension is to be granted, the amount of the performance guarantee should be increased or reduced.
d.
Township Committee Action. After consideration of the written application for extension and the report and recommendation of the Township Engineer, the Township Committee shall take action on the application, which action shall be memorialized by written resolution. Nothing herein shall be construed as prohibiting the Township Committee from seeking additional information before taking action on the application.
e.
Default. A developer who has not completed the improvements pursuant to the time constraints set forth herein shall be deemed to be in default without any further action required by the Township Committee, except under the circumstance that the developer shall have timely made application for an extension of time hereunder, which application is still pending before the governing body without action having been taken. If thereafter, the Township Committee denies the application for extension, such denial shall be deemed to cause the developer to be in default as of the date of adoption of the resolution memorializing the denial. Upon default of the developer, any cash performance guarantee posted with the Township shall be deemed forfeited to the Township for the purpose of defraying any and all costs incurred by the Township in seeking to enforce completion of the improvements, or in completing the improvements itself. The developer, surety and any guarantors shall be liable to the Township for all costs and expenses for enforcing completion of the improvements and actual costs of completing the improvements. In the interest of public safety, upon default of the developer, the Township may undertake completion of the improvements and thereafter seek reimbursement from the parties that are liable hereunder. Alternatively, the Township may, in the event of the default of the developer, bring an action against the parties liable hereunder for recovery of the costs of enforcing completion of the improvements or completing the improvements by the Township, all in accordance with N.J.S.A. 40:55D-55(c).
f.
Nonwaiver. Nothing herein shall be deemed as a waiver by the Township in the event that it shall fail to take action, or delay in taking action to enforce completion of improvements as required herein.