Plumsted City Zoning Code
§ 15-5.9
Required Street Access.
[Ord. #83A, § 5.09; Ord. #10-86, § 1; Ord. #90-18, § 1; Ord. #96-12, § I]
Each principal use hereafter established which involves buildings or structures for human occupancy shall be located and maintained upon an improved dedicated street. If the right-of-way of the street is less than 50 feet in width, the front building setback shall be measured from a point 25 feet from the centerline of the existing right-of-way.
Any person, corporation or partnership desiring to place a building or structure on a parcel, or lot not abutting a street shall provide ingress and egress thereto after proper application to the appropriate administrative body and receiving approval therefrom following the minimum standards for width and foundation as provided.
In addition thereto, the developer shall pay to the Township road escrow account, an amount equal to the cost of improving the street (one-half the street width times the distance to the closest improved road) to current Township standards, said amount to be determined by the Township engineer.
Where the lot or parcel abuts a street which is not fully improved with a bituminous concrete surface, but which conforms to the balance of the standards for a street in the land use ordinance, the developer shall only be required to pay to the Township the sum stated in the above subsection for the same purposes as stated therein.
a.
No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Before any such permit shall be issued, (1) such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, or (2) required road escrow amount as determined by the Township engineer shall have been deposited with the Township.
c.
In the event an applicant requests a municipal body to consider a private road access, the following conditions shall apply:
1.
The private road shall have a minimum 18 feet cartway within a minimum 30 foot right of way protected by recording a deed of easement in the Ocean County Clerk's Office.
2.
The private road shall be constructed with a minimum of six inches of gravel base and any other improvements required by the municipal body or Township engineer. No certificate of occupancy shall be issued without an inspection and approval by the Township engineer.
3.
Title to the property must be deed restricted against future subdivision if the access easement is not upgraded to the Township standards for an improved paved roadway.
4.
Title to the property shall provide and declare notice to all subsequent purchasers or their assigns that the property contains a private easement and cartway, rather than a public road, and said private road will not be maintained, nor shall services be provided to it or upon it, by the Township of Plumsted.
5.
In the event a right of way easement is necessary from adjacent property owners, all property owners affected by the access right of way must encumber their property by executing and recording a driveway maintenance agreement. Said agreement shall set forth a maintenance contract to ensure adequate funds and provisions have been established to preserve and protect the viability of the private road. Said agreement shall be reviewed and approved by the Township solicitor, or counsel to the reviewing land use board. Said agreement shall further be recorded with the Ocean County Clerk's Office.
6.
All applicants seeking relief under this section must post the appropriate escrow fees for engineering, legal and professional services as required by further ordinance of the Township.