Conference/Public Meeting Agendas/Documents — Packet

Master Plan shall mean a composite of the mapped and written proposals recommending the physical development of the Township which shall have been duly adopted by the Planning Board. Minor subdivision shall mean any subdivision containing not more than two (2) lots fronting on any existing street accepted by the Township and not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter. Official Map shall mean a map adopted in accordance with Article 5. The Official Map, of the Municipal Land Use Law at N.J.S.A. 40:55D--32 et seq. Owner shall mean any individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Performance guarantee shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the approving agency approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. Plat shall mean the map of a subdivision. Preliminary plat shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the approving agency for consideration and approval, and meeting the requirements of Section 32-8 of this chapter. Sketch plat shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification, and meeting the requirements of Section 32-8 of this chapter. Street shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway, or a which is shown upon a plat heretofore approved pursuant to law, or approved by official action, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to revise plats, and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the

power to revise plats, and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. Subdivider shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself/herself or for another. Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development; except that the following divisions shall not be considered subdivisions, provided that no new streets or roads are involved: divisions of land for agricultural purposes where the resulting parcels are five (5) acres or larger in size, divisions of property by testamentary or intestate provisions, divisions of property upon court order, consolidations of existing lots by deed or other recorded instrument, and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Construction Official/Zoning Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term “subdivision” shall also include the term “resubdivision.” Technical Advisory Committee shall mean the Technical Advisory Committee established pursuant to Section 25-51.15 of Chapter XXV, Land Use Regulations. 223

32-6 RULES AND REGULATIONS. The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Planning Board or Zoning Board of Adjustment under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his/her agent can clearly demonstrate that, because of peculiar conditions pertaining to his/her land, the literal enforcement of one (1) or more of these regulations is impracticable or will exact undue hardship, the Planning Board or Zoning Board of Adjustment may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. (1972 Code § 24-6) 32-7 PROCEDURE/PLAT DETAILS. The information required to be submitted for any application for subdivision approval and the application procedures are included in Section 25-51 of the Land Use Regulations Ordinance, the Township of West Orange’s Site Plan/Subdivision Checklist and the Application Form for the Planning Board or Zoning Board prepared by the Department of Planning and Development. 32-8 RESERVED. 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 32-10.4. 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

tatute. 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 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 224

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 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.

t 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 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 225

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 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

cial 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 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: 226

1. With respect to street, curb, gutter, sidewalk, street light, street sign and traffic light improvements, the approving authority may consider: (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

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 performance bond equal to the estimated cost of such acquisition or installation by the Township; 2. If the improvement is to be constructed by the Township as a general improvement under paragraph b, 1(c) above, a performance bond equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby; and 3. If the improvement is to be constructed by the Township as a local improvement under paragraph b, 1(b) above, a performance bond equal to the amount referred to in the preceding paragraph a, 2 immediately above, plus the estimated amount by which the development property will be specially benefited by the improvement. 227