Conference/Public Meeting Agendas/Documents — Packet

4. All estimates of cost shall be made by the Township Engineer. All improvements shall be made on or before an agreed date. b. Form; Term; Reduction of Amount. 1. Form. The performance guarantee may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the Township Council, or of a certified check, returnable to the subdivider after full compliance, or by any other type of surety approval by the Township Attorney. The performance guarantee shall be approved by the Township Attorney as to form, sufficiency and execution. 2. Term. The performance guarantee shall run for a period to be fixed by the Planning Board, but in no case for a term of more than three (3) years. However, with the consent of the owner and of the surety, if there be one, the Township Council may, by resolution, extend the term of such performance guarantee for the additional period not to exceed three (3) years. 3. Reduction of Amount. The amount of the performance guarantee may be reduced by the Township Council by resolution when portions of the required improvements have been installed. (1972 Code § 24-9.6) 32-9.7 Liability for Breach of Performance Guarantee. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Township for the reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements. (1972 Code § 24-9.7) 32-9.8 Deposit of Funds. All moneys paid by an applicant pursuant to this chapter shall be paid over to the Township Treasurer, who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. (1972 Code § 24-98; Ord. No. 473-78) 32-9.9 Refund of Deposit where Improvements Are Not Authorized within Five Years. In any case in which an applicant shall deposit money with the Township for the completion of an improvement that is to be constructed pursuant to this chapter by the Township, the applicant shall be entitled to a full refund of such deposit if the Township Council shall have

the completion of an improvement that is to be constructed pursuant to this chapter by the Township, the applicant shall be entitled to a full refund of such deposit if the Township Council shall have enacted an ordinance authorizing the improvement within five (5) years after the date of All other development improvements are completed. (1972 Code § 24-9.9; Ord. No. 473-78) 32-9.10 Redetermination of Assessment Upon Completion of Improvement. Upon completion of off-tract improvements required pursuant to this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the Township. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Township Engineer. (1972 Code § 24-9.10; Ord. No. 473-78) 228

32-10 DESIGN STANDARDS. 32-10.1 Compliance Required. The subdivider shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof, as set forth in this section or the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). (1972 Code § 24-10.1) 32-10.2 General Standards. The subdivision plat shall conform to design standards that will encourage good development patterns within the Township. Where an Official Map or Master Plan, or both, has been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, street and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55-1.20 and shall be such as to lend themselves to the harmonious development of the Township and to enhance the public welfare in accordance with the design standards set forth in subsections 32-10.3 and 32-10.7. (1972 Code § 24-10.2) 32-10.3 Public Use and Service Areas. a. In large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen (15) feet wide and shall be located on consultation with the companies or Township departments concerned. b. Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such water-course and such further width or construction, or both, as will be adequate for the purpose. The Planning Board may prescribe such rules and conditions as it deems fit to properly control such watercourse, drainageway or stream. c. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features. (1972 Code § 24-10.6) 32-10.4 Shade Trees. Shade trees shall be located on the street line so as not to interfere with utilities or sidewalks or as determined by the Township Engineer, and shall be of one (1) of the following types or

rees. Shade trees shall be located on the street line so as not to interfere with utilities or sidewalks or as determined by the Township Engineer, and shall be of one (1) of the following types or species: Maples, Oaks, Ashes, Locusts, Gingko (male), Lindens, Crab Apples, Callery Pears, Crataegus, Japanese Cherry, Hornbeam, Gums, Kentucky Coffee Trees, Amur Cork Trees and Chinese Scholar. (1972 Code § 24-10.7) 32-11 VIOLATIONS. 32-11.1 Penalty. If, before favorable referral and final approval have been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which the Planning Board or the Township Council is required to act, such person shall be subject to the penalty provided for a violation of this revision. (1972 Code § 24-11.1) 229

32-11.2 Civil Remedies. In addition to the penalty set forth in subsection 32-11.1, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under N.J.S.A. 40:55-1.32 of the Official Map and Building Permit Act (1953) the Township may institute and maintain a civil action. a. For injunctive relief. b. To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55-1.24, provided that the Planning Board or a committee thereof meets regularly on a monthly or more frequent basis and that the Township Council has adopted standards and procedures in accordance with N.J.S.A. 40:55-1.20. (1972 Code § 24-11.2) 32-11.3 Lien. In any civil action referred to in subsection 32-11.2, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his/her assignees or successors. The lien shall secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six (6) years, if unrecorded. (1972 Code § 24-11.3) 32-12 RESERVED. 32-13 RECYCLING AREA REQUIREMENTS.* 32-13.1 Definitions. As used in this section: Multifamily housing development shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings; Recycling area shall mean space allocated for collection and storage of source separated recyclable materials. (Ord. No. 1209-93 § 1) 32-13.2 Required. There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially- generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling

l an indoor or outdoor recycling area for the collection and storage of residentially- generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c.102 (N.J.S.A. 12:1E-99.13) and * Editor's Note: See also Chapter XXV, Land Use Regulations, subsection 25-8.14, Recycling Facilities. 230

any applicable requirements of the Municipal Master Plan, adopted pursuant to section 26 of P.L. 1987, c.102. (Ord. No. 1209-93 § 2) 32-13.3 Location. The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster. (Ord. No. 1209- 93 § 3) 32-13.4 Lighting; Accessibility. The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers. (Ord. No. 1209-93 § 4) 32-13.5 Bins and Containers. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry. (Ord. No. 1209-93 § 5) 32-13.6 Signs. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein. (Ord. No. 1209-93 § 6) 32-13.7 Landscaping and Fencing. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner. (Ord. No. 1209-93 § 7) 231

Township of West Orange Zoning Ordinance, Section 25-7.1 TABLE OF DISTRICT REGULATIONS – PART A: PERMITTED USES ZONE PERMITTED PRINCIPAL PERMITTED ACCESSORY PERMITTED CONDITIONAL USES USES USES R-1 One family, detached dwelling Required accessory parking Commercial recreation Water reservoir, well tower, Private garage Public school filter bed Horticultural or agricultural Private school Federal, state, county or building Library township building Customary accessory building Museum Golf course and golf club house or structure Park or playground Farm, nursery, greenhouse and Private swimming pool Public utility building or similar uses Private recreation facility structure Hospital Home occupation Telephone exchange Home professional office Private club, other than a golf Signs club Fences and dividing walls House of worship Farm produce stand for produce grown on premises Private storage shed Greenhouses R-2 SAME AS R-1 SAME AS R-1 SAME AS R-1 AND in addition Senior citizens housing project (Sen. C.H.) as defined in Sec. 25-4 R-3 SAME AS R-1 SAME AS R-1 SAME AS R-1 AND in addition Townhouse residential cluster development but EXCLUDING Commercial recreation R-3AH SAME

ent but EXCLUDING Commercial recreation R-3AH SAME AS R-3 SAME AS R-3 SAME AS R-3 R-4 SAME AS R-1 SAME AS R-1 SAME AS R-1 AND in addition Banquet and Conference centers but EXCLUDING Farm produce stands Commercial recreation R-5 SAME AS R-1 SAME AS R-1 SAME AS R-4 AND in addition Hotels and Restaurants on ten (10) or more acres Townhouse/low-rise residential cluster development Additional off-street parking R-6 SAME AS R-1 SAME AS R-1 SAME AS R-4 AND in addition Additional off-street parking R-T SAME AS R-1 SAME AS R-1 SAME AS R-4 AND in addition AND in addition Two family dwelling Nursing home Long-term care residential health care facility

Long-term care residential health care facility Additional off-street parking 232