Conference/Public Meeting Agendas/Documents — Packet

heard. After such hearing, the Township Council may affirm or reverse the action of the Planning Board by a recorded vote of a majority of all members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the Township Council, and the applying party shall be given a copy. (1972 Code § 24-7.4) 32-8 PLAT DETAILSRESERVED. 32-8.1 Sketch Plat. The sketch plat shall be based on tax map information or on some other similarly accurate base at a scale (preferably not less than four hundred (400) feet to the inch) to enable the entire tract to be shown on one (1) sheet. It shall show or include the following information: a. The location of that portion which is to be subdivided in relation to the entire tract. b. All existing structures and wooded areas within the portion to be subdivided and within two hundred (200) feet thereof. c. The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records. 253

DRAFT PROPOSED REVISIONS – OCTOBER 2011 d. The tax map sheet, block and lot numbers. e. All streets or roads and streams within five hundred (500) feet of the subdivision. (1972 Code § 24-8.1) 32-8.2 Preliminary Plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals one hundred (100) feet. It shall be designed and drawn by a land surveyor duly licensed by the State, or by a planner holding full or associate membership in the American Institute of Planners. The preliminary plat shall be designed in compliance with the provisions of Section 32- 10 of this chapter and shall show or be accompanied by the following: a. A key map showing the entire subdivision and its relation to surrounding areas. b. The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the names and addresses of the record owner or owners, of the subdivider, and of the person who prepared the map. c. The acreage of tract to be subdivided, to nearest tenth of an acre. d. Sufficient elevations or contours to determine the general slope and natural drainage of the land, and the high and low points and tentative cross-sections and centerline profiles for all proposed new streets. e. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas and rock formations. f. Plans of proposed utility layouts (sewers, storm drains, water, gas, and electricity) showing feasible connections to existing or any proposed utility systems. When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. Any subdivision or part thereof which does not meet with the established requirements of this chapter or of other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate Township, County or State health agency. g. A copy of any protective covenants or deed restrictions applying to the land being subdivided. (1972 Code § 24-8.2) 32-8.3 Final Plat. The final plat shall be

or State health agency. g. A copy of any protective covenants or deed restrictions applying to the land being subdivided. (1972 Code § 24-8.2) 32-8.3 Final Plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one (1) inch equals twenty (20) feet and in compliance with all the provisions of N.J.S.A. 46:23-9.1 et seq. The final plat shall show or be accompanied by the following information: a. Date, name and location of the subdivision, name of owner, graphic scale and reference meridian. b. 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, all with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves. c. 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. d. Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one. e. Minimum building setback line on all lots and other sites. 254

DRAFT PROPOSED REVISIONS – OCTOBER 2011 f. Location and description of all monuments. g. Names of owners of adjoining unsubdivided land. h. Certification by applicant's engineer or surveyor as to accuracy of details of plat. i. Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement. j. When approval of a plat is required by any officer or body of the Township, the County or State approval shall be certified on the plat. k. Cross sections and profiles of streets, approved by the Township Engineer may be required to accompany the final plat. l. Contours at five (5) foot intervals for slopes averaging ten (10%) percent or greater and at two (2) foot intervals for land of lesser slope. m. Plans and profiles of storm and sanitary sewers and water mains. n. Certificate from the Tax Collector that all taxes are paid to date. (1972 Code § 24-8.3) Comment [PG109]: addressed elsewhere in the ordinance 32-9 IMPROVEMENTS; PERFORMANCE GUARANTEES; REASSESSMENT. 32-9.1 Requirements. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees for the ultimate installation of the following: a. Streets. b. Street signs. c. Curbs or gutters. d. Sidewalks, where determined. e. Street lighting. f. Shade trees to be as provided in subsection 32-10.74. g. Topsoil shall not be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six (6) inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. h. Monuments to be of the size and shape required by N.J.S.A. 46:23-9.4, and to be placed in accordance with the Statute. i. Water mains, culverts, storm sewers and sanitary sewers shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. j. Any provision to the contrary notwithstanding, sidewalks, rough road and curbing shall be installed and laid in

all be adequate to handle all present and probable future development. j. Any provision to the contrary notwithstanding, sidewalks, rough road and curbing shall be installed and laid in accordance with the standards and specifications of the Township Engineer prior to the issuance of any certificate of occupancy. In the event that the developer is unable in the opinion of the Township Engineer, to install sidewalks, rough road or curbing by reason of prevailing weather conditions or for good cause shown, the Construction Official may, with the consent of the Township Engineer, issue certificates of occupancy in particular cases and upon terms and conditions set by the Township Engineer and the Construction 255

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Official. In any event, sidewalks shall be installed within ninety (90) days from the issuance of certificates of occupancy. (1972 Code § 24-9.1) 32-9.2 Inspections and Approval. All improvements listed in subsection 32-9.1 shall be subject to inspection and approval by the Township Engineer who shall be notified by the developer at least twenty-four (24) hours prior to the start of construction. No underground installation shall be covered until inspected and approved. (1972 Code § 24-9.2) 32-9.3 Improvements to Be Constructed at the Sole Expense of the Applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Planning Board, hereinafter "Board", shall require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law. (1972 Code § 24-9.3; Ord. No. 473-78) 32-9.4 Other Improvements. a. In cases where the need for any off-tract improvements are necessitated by the proposed development application and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the Township Council a list and description of all such improvements together with its request that the Township Council determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall act upon the development application within the prescribed time period subject to: 1. Receipt of the Township Council's determination; or 2. Until the expiration of forty-five (45) days after forwarding of such list and description to the Township Council without such determination having been made. b. The Township Council, within forty-five (45) days after receipt of the list and description, shall determine and advise the Board whether: 1. The improvement or improvements are to be constructed or installed by the Township. (a) As a general improvement, the cost of which

hall determine and advise the Board whether: 1. The improvement or improvements are to be constructed or installed by the Township. (a) As a general improvement, the cost of which is to be borne at general expense, except as otherwise provided as to a contribution thereto by the applicant; or (b) As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law, except as otherwise provided as to a contribution thereto by the applicant; or (c) The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth. c. If the Township Council shall determine that the improvement or improvements shall be constructed or installed under paragraph b. 1(a) above, the Board shall estimate with the aid of the Township Engineer, or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the Township Council shall 256

DRAFT PROPOSED REVISIONS – OCTOBER 2011 adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above. d. If the Township Council shall determine that the improvement or improvements shall be constructed or installed under paragraph 32-9.4, b. 1(b) above, the Board shall, as provided in paragraph c. above, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under the ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above. e. If the Township Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under paragraph b, 1(c) above, the Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the Township therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and

eimbursement to be made if and when the special assessments against such other property are received by the Township. Further, the Township Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under the ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant. (1972 Code § 24-9.4; Ord. No. 473-78) 32-9.5 Allocation of Costs. a. In determining the allocation of costs for off-tract improvements as between the developer, other property owners and the Township, the Board shall be guided by the following factors: 1. The total estimated cost of off-tract improvements; 2. The increase in market values of the properties affected and any other benefits conferred; 3. The needs created by the application; 4. Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements; 5. The estimated time for construction of the off-tract improvements; and 6. The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22. b. Without limiting the generality of the foregoing, the Board may take into account the following specific factors: 1. With respect to street, curb, gutter, sidewalk, street light, street sign and traffic light improvements, the approving authority may consider: 257

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (a) Traffic counts; (b) Existing and projected traffic patterns; (c) Quality of roads and sidewalks in the area; and (d) All such other factors as it may deem relevant to the needs created by the proposed development. 2. With respect to drainage facilities, the approving authority may consider: (a) The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part; (b) The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan; and (c) The use, condition or status of the remaining land area in the drainage basin. 3. With respect to water, gas and electric supply and distribution facilities, the approving authority may consider the use requirements of the use proposed for the subdivision or site plan and the use requirements of all other properties to be benefited by the improvements. 4. With respect to sewerage facilities, the approving authority may consider: (a) The anticipated volume of effluent from the use proposed for the subdivision or site plan and the anticipated volume of effluent from all other properties to be benefited by the improvements; (b) The types of effluent anticipated and particular problems requiring special equipment or added costs. (1972 Code § 24-9.5; Ord. No. 480-78) 32-9.6 Performance Guarantees. a. Required. The applicant shall be required to provide, as a condition for final approval of his/her development application, a performance guarantee running to the Township as follows: 1. If the improvement is to be constructed by the applicant under subsection 32-12.1 above or under paragraph b and 1(c) above, a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of the improvement, or as to any part of the improvement that is to be acquired or installed by the Township under subsection 32-9.3, a