Public Township Council Meeting — Packet

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

tute 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 262