Public Township Council Meeting — Packet

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

d 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. 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. 258

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 enacted an ordinance authorizing the improvement within five (5) years after the date of All other development improvements are completed.

ull 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) 32-10 DESIGN STANDARDS. 259

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 Streets. a. The arrangement of streets shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets. b. Minor streets shall be so designed as to discourage through traffic. c. Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine to be appropriate. d. The right-of-way width shall be measured from lot line to lot line and shall not be less than the following: 1. Arterial streets, eighty (80) feet. 2. Collector streets, sixty (60) feet. 3. Minor streets, fifty (50) feet. 4. Marginal access streets, forty (40) feet. 5. The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis, and shall in all cases be of sufficient width and design to accommodate safely the maximum traffic, parking and loading needs and maximum access for fire fighting

dividual basis, and shall in all cases be of sufficient width and design to accommodate safely the maximum traffic, parking and loading needs and maximum access for fire fighting equipment. e. No subdivision that shows reverse strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Board of Commissioners under conditions approved by the Planning Board. f. Subdivisions adjoining or including existing streets that do not conform to widths shown on the Master Plan or Official Map, or to the street width requirements of this chapter shall dedicate additional width along one (1) or both sides of the road. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated. g. Grades of arterial and collector streets shall not exceed four (4%) percent. Grades on other streets shall not exceed fourteen (14%) percent. No street shall have a minimum grade of less than one (1%) percent. h. Street intersections shall be as nearly at right angles as is possible, and in no case shall be less than sixty (60°) degrees. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than twenty (20) feet. 260

DRAFT PROPOSED REVISIONS – OCTOBER 2011 i. Street jogs with center line offsets of less than one hundred twenty-five (125) feet shall be prohibited. j. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets. k. When connecting street lines deflect from each other at any one point by more than ten (10°) degrees and not more than forty-five (45°) degrees, they shall be connected by a curve with a radius of not less than one hundred (100) feet for minor streets, and of not less than three hundred (300) feet for arterial and collector streets. l. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance. m. Dead-end streets (cul-de-sacs) shall not be longer than five hundred (500) feet and shall provide a turn-around at the end with a radius of not less than fifty (50) feet and tangent, whenever possible, to the right side of the streets. If a dead-end street is of a temporary nature, a similar turn around shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties. n. No street shall have a name which will duplicate or be likely to be confused with the name of an existing street. The continuation of an existing street shall have the same name. (1972 Code § 24-10.3) 32-10.4 Blocks. a. Block length and width or acreage within bounding roads made shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance, and to provide for convenient access, circulation control and safety of street traffic. b. In blocks over one thousand (1,000) feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. The walk-way shall be ten (10) feet wide and be straight from street to street. c. For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use. (1972 Code § 24-10.4) 32-10.5 Lots. a. Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance. b. Insofar as is practical, side lot lines shall be at right angles to straight streets, and

0.5 Lots. a. Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance. b. Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets. c. Each lot must front upon an approved street at least fifty (50) feet in width, except lots fronting on streets described in subsection 32-10.3d, 4 and 5. d. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such lines. e. Where there is a question as to the suitability of a lot or lots for their intended use, due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. (1972 Code § 24-10.5) Comment [PG110]: addressed elsewhere in the ordinance or state law 261

DRAFT PROPOSED REVISIONS – OCTOBER 2011 32-10.63 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) 32-10.74 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 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) 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