Documentation accompanying the preliminary development plan shall include a Development Impact Statement. Such Development Impact Statement shall enable the Board to assess the foreseeable impact of the proposed development upon both the natural and manmade environment in order to avert harmful effects upon, including but not limited to, sewage disposal, water supply, soil erosion, vegetation, watercourses, air resources, solid waste disposal, pedestrian and vehicular traffic, existing and anticipated development, noise, municipal services and expenditures and aesthetics. The Board shall withhold approval of any site plan submitted hereunder unless it determines that no such harmful effects will result to an undue degree from the proposed development, nor will a disproportionate or excessive demand be placed upon the total resources available for such proposed development or for any future proposals. To assist the Board in its evaluation of the proposed project, the Development Impact Statement submitted by the applicant shall, at the discretion of the Board, include data and information as follows:

a. Sewerage Facilities.

Proof of ability to serve site or approvals from the appropriate utility or regulatory agency.

b. Water Supply.

Proof of an adequate potable water supply.

c. Drainage.

Proof that the storm water runoff from the site will be in conformity with all requirements of State statutes and regulations, that on or off site erosion will not be caused, and that the potential of downstream flooding is not aggravated.

1. Volume of stormwater runoff now existing from site and volume to be generated by new improvements.

2. Data on landscaping, vegetation map, tree and ground cover, existing, on-site compared with that proposed.

3. Changes of runoff to be caused by change of such landscape, ground cover and all impervious surfaces.

4. Plans for disposition of stormwater, whether by retention, detention or means of channeling so as to protect downstream lands.

5. Stream Encroachment. In the case of streams having a drainage area exceeding fifty (50) acres, an encroachment permit is required from the New Jersey Division of Water Resources for fill or diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.

6. Flood Plains. Description of potential flood damages, including a summary of flood stages from State and Federal sources.

7. Submission of a Sediment and Erosion Control Plan drawn in accordance with the guidelines and standards adopted from time to time by the Hudson, Essex, Passaic Soil Conservation District. if this information has been supplied as part of the development plan; reference to that submission will be sufficient.

d. Solid Waste Disposal.

A.plan for disposal of solid waste by means of a facility operating in compliance with the Essex County Solid Waste Management Plan.

e. Recycling.

A.plan for recycling in compliance with County and local requirements.

f. Air Pollution.

Proof that no visible smoke or deleterious chemical changes will be produced in the atmosphere by heating or incinerating devices nor by any processing of materials.

g. Noise.

See Article V; Section 30-505, Performance Standards.

h. Critical Impact Areas.

Plans should include any area, condition or feature which is environmentally sensitive, or which, if disturbed during construction would adversely affect the environment. It must be shown how said adversity will be minimized pursuant to a plan approved by the Board.

1. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than fifteen (15%) percent, highly acid or highly erodible soils, areas of high water table, mature stands of native vegetation, and aquifer recharge and discharge areas.

2. A statement of impact upon critical areas and of adverse impacts which cannot be avoided.

3. Environmental protective measures, procedures and schedules to minimize damage to critical impact areas during and after construction.

4. A list of all licenses, permits and other approvals required by municipal, County or State regulations and the status of each.

5. A listing of all adverse environmental impacts, noting any irreversible damage that cannot be avoided.

6. An assessment of the environmental impact of the project.

i. Traffic and Circulation.

It must be shown that public traffic arteries have adequate capacities to accommodate the traffic to be generated by the proposed project at an acceptable level of service and that safe, convenient and adequate circulation and parking is provided for the sites.

1. Existing twenty-four (24)-hour and peak hour traffic volumes on all critical streets affected, by count taken within twelve (12) months preceding the date of the application.

2. Projected twenty-four (24)-hour and peak hour trip generation by the proposed project.

3. Capacity analyses of critical streets affected.

4. Accident data of critical streets affected.

5. Speed and delay data of critical streets affected.

6. Any off-site and/or off-tract improvements made necessary to avert traffic hazards and maintain acceptable level of service on public thoroughfares by traffic generated by the proposed project.

j. Economic Analysis.

It should be shown how the demands placed upon the municipal resources by the proposed development can be offset by anticipated revenues.

1. Projected population increases resulting from the proposed development.

2. Age and other characteristics of the projected population.

3. Estimated demand upon municipal services such as educational facilities, police and fire protection, recreational facilities, garbage collection, municipal administration and the cost to the Borough of providing such services.

4. Anticipated increase or deficit in municipal revenues as a result of the proposed project.

k. Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.

Notwithstanding the foregoing, the Board may at the request of the applicant, waive the requirement for an Impact Statement if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible development impact. Portions of such requirement may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the impacts of the particular project.

a. Except for the County Planning Board, all individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Board in a timely fashion. The Board shall distribute a copy of any Development Impact Statement to the Environmental Commission for its review and may also distribute copies of the report to such other governmental bodies and consultants as it may deem appropriate. Any comments and advisory reports resulting from such review shall be submitted to the Board within thirty (30) days of the distribution of the Development Impact Statement to the Environmental Commission, other governmental body or consultants.

b. Upon the certification of the completeness of an application for a site plan involving ten (10) acres of land or less, ten (10) dwelling units or less, or a subdivision containing ten (10) lots or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such certification or within such further time as may be consented to in writing by the applicant. For a site plan involving more than ten (10) acres, or more than ten (10) dwelling units, or a subdivision containing more than ten (10) lots, or whenever an application includes a request for conditional use approval or for relief pursuant to subsection 30-301.1a. of this chapter, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such certification or within such further time as may be consented to in writing by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.

c. Upon the certification of the completeness of an application for a variance pursuant to N.J.S.A. 40:55D-70d involving a site plan, subdivision, and/or conditional use approval pursuant to subsection 30-301.2 of this chapter, the Zoning Board of Adjustment shall grant or deny preliminary approval within one hundred twenty (120) days of the date of such certification or within such further time as may be consented to in writing by the applicant. Should the applicant elect to submit a separate application requesting approval of the variance and a subsequent application requesting approval of the site plan, subdivision, and/or conditional use, the one hundred twenty (120) day period shall apply only to the application for approval of the variance and the time period for granting or denying the subsequent approval(s) shall be as otherwise provided in this chapter for approvals, by the Board.

d. The recommendations of the County Planning Board and those of all other agencies and officials to whom the preliminary development plan is submitted for review shall be given careful consideration in the Board's decision on the application. If the County Planning Board or the Borough Engineer approves the preliminary submission, such approval shall be noted on the development plan. If the Board acts favorably on the preliminary development plan, the Chairman and the Secretary of the Board (or the acting Chairman and Secretary where either or both may be absent) shall affix their signatures to a reproducible of the Development Plan furnished by the applicant, with a notation that it has been approved. The applicant shall furnish nine (9) signed copies and the reproducible to the Board.

e. Should minor revisions or additions to the development plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and the receipt of revised plans within thirty (30) days from said approval.

f. If the Board, after consideration and discussion of the preliminary development plan, determines that it is unacceptable or that major revisions are required, a notation to that effect shall be made on the development plan by the Chairman of the Board (or acting Chairman in his absence) and the resolution memorializing such action shall set forth the reasons for rejection. One (1) copy of the resolution shall be returned to the applicant within seven (7) days of the date of decision. The Board shall reject the proposed project on an environmental basis only if it determines that the proposed project (a) will result in significant, long term harm to the natural environmental and/or (b) has not been designed with a view toward the protection of natural resources and/or (c) will result in an increase in on-tract or off-tract adverse impacts.

The memorialization of the granting or denial of preliminary approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal, and shall set forth the reasons for the grant, with or without conditions, or for the denial.

Preliminary approval shall confer upon the applicant rights for a three (3) year period from the date of the preliminary approval in accordance with N.J.S.A. 40:55D-1 et seq. (Ord. No. 20-1993)

The Secretary to the Board shall forward one (1) copy to each of the following within ten (10) days of the date of decision:

Municipal Clerk

Engineer

Construction Official

Tax Assessor

County Planning Board

Planning Board File

Fire

Prior to any construction, there shall be an agreement entered into between the developer and the Borough of Roseland incorporating all of the terms and conditions of approval imposed by the Board and such other terms as may be applicable

The developer shall deposit with the Borough fees for engineering inspection of the construction and installation of all improvements required by the Board and based upon the cost of such improvements, as determined by the Borough Engineer, all fees to be in accordance with Article VII of this chapter.

Prior to the filing of an application for final subdivision or site plan approval, the applicant shall have installed the improvements required by Section 30-309 under the supervision and inspection of the Borough Engineer or posted the necessary performance guarantees in accordance with this section.

Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall, have paid or bonded his pro rata share of the cost of any off-tract improvements necessitated by his development as determined in accordance with the requirements of Section 30-310.

Prior to the filing of an application for final site plan approval, the applicant shall have installed any improvements as the Board may determine are necessary for health and safety prior to building construction; provided, however, that the Board may accept performance guarantees for the later installation of all other improvements.

The performance guarantee for the installation of improvements shall be fixed by the Board within a range of the cost of said improvements as estimated by the Borough Engineer and one hundred twenty (120%) percent thereof. Ten (10%) percent of the performance guarantee shall be in the form of cash or a certified check made payable to the Borough of Roseland with the balance in a form to be approved by the Borough. Performance guarantees shall conform with the requirements of N.J.S.A. 40:55D-1 et seq. (Ord. No. 20-1993)

The performance guarantee shall run for a term not less than the time allowed for completion by Board approval but in no event less than eighteen (18) months from the date of final approval. With the consent of the principal, the performance guarantee may be extended by the Borough Council upon recommendation by the Board by resolution for an additional period.

The Board may, upon application by the developer or subdivider, recommend to the Borough Council the reduction of the amount of the performance guarantee upon certification in writing by the Borough Engineer that certain portions of the required improvements and conditions of the Board have been properly completed and upon posting of proper guarantees and maintenance bonds, provided that the remaining performance guarantee, maintenance bonds and deposit money are adequate to insure the completion of the remaining improvements.

If the required improvements are not completed or corrected within one (I) year of preliminary approval in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements. (New)

Notification of Completion of Improvements, Approval or Rejection shall conform with the requirements of N.J.S.A. 40:55D-1 et seq.

At least two (2) weeks prior to the start of construction the applicant shall notify the Borough Engineer in writing with a copy to the Borough Clerk of the date when construction and installation of the required improvements will begin so that a preconstruction conference can be held and so that inspections may be conducted from time to time by the Borough Engineer. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.

Upon completion of all improvements and prior to release of* the performance guarantee, the applicant shall file a maintenance guarantee bond amounting to fifteen (15%) percent of the cost of all improvements to guarantee that the completed improvements will be maintained for a stated period not to exceed two (2) years after final acceptance in applicable requirements. The Borough Engineer and the Board shall review the maintenance guarantee bond; it shall be reviewed by the Borough Attorney as to sufficiency of form and execution and approved by the Borough Council.

The Borough Council shall not accept any road or other improvement into the municipal system until the maintenance period expires or after the deficiencies are repaired and then only if it is the same condition as when certified.

On-site installation for residential subdivision and site plan shall be governed by the Residential Site Improvement Standards.

Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees for the ultimate installation of the improvements described below. All improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least two (2) weeks prior to the start of construction of any improvement in accordance with the provisions of Chapter XIX, Streets and Sidewalks, of the Revised General Ordinances of the Borough of Roseland. No underground installation shall be covered until inspected and approved.

a. Streets and Pavements.

The subdivider shall design and construct streets and pavements meeting the minimum specifications as set forth in the Chapter XIX, Streets and Sidewalks, of the Revised General Ordinances or such other specifications as may be required by the Borough Engineer where special circumstances so require.

b. Curbs and Sidewalks.

The subdivider shall construct curbs and sidewalks, when required by the Board, in accordance with Chapter XIX, Streets and Sidewalks, of the Revised General Ordinances or such specifications as may be required by the Borough Engineer where special circumstances so require.

c. Storm Drains and Culverts.

All streets shall be provided with sufficient catch basins, storm sewers, culverts, water detention basins and other drainage appurtenances for the proper drainage of the area in the light of existing and future conditions. All such facilities shall be constructed in accordance with the standards and requirements set for in the Chapter XIX, Streets and Sidewalks or such other specifications as may be required by the Borough Engineer where special circumstances so require. Storm drainage features shall be based on a fifteen (15) year frequency curve, or greater if required by the Borough Engineer.

d. Monuments.

Monuments shall be of the size and shape required by Revised Statutes of New Jersey 46:29-94 and shall be placed in accordance with said Statue.

e. Street Name Signs.

Street name signs shall be placed at all street intersections within the subdivision or site. Such signs shall be of a type approved by the Borough of Roseland and shall be placed in accordance with the standards of the Borough of Roseland. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.

f. Street Lighting. \

The subdivider or developer shall be responsible for the installation of street and other outdoor lighting facilities as approved by the Board and in accordance with any applicable standards of the Borough of Roseland.

g. Topsoil Protection.

Topsoil which shall be removed in the course of regrading a subdivision or site shall not be used as fill or removed from the subdivision area or site. Such topsoil shall be redistributed as to provide at least six (6) inches of cover on areas to be used as building sites from which topsoil was removed and shall be stabilized by seeding or planting.

h. Shade Trees.

Shade trees shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of a type and species as approved by the Board. Said shade trees shall be spaced a maximum of fifty (50) feet apart and there shall be at least two (2) shade trees installed in front of each lot unless waived by the Planning Board where trees already exist. Existing trees shall be preserved as directed in accordance with the provisions of Chapter XIX and Chapter XXI of the Revised General Ordinances, as well as all other applicable regulations and Board conditions.

i. Sanitary Sewers.

1. Where a public sanitary sewer is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with the specifications and requirements Chapter XVII and Chapter XIX of the Revised General Ordinances, as well as all other applicable regulations and Board conditions, and shall be subject to the approval of the Borough Engineer.

2. Where a public sanitary sewer system is not reasonably accessible, the subdivider -may be required to instal1 sewer lines and a sanitary sewer disposal plant at its own cost and expense and in accordance with the specifications and requirements of the Revised General Ordinances as well as all other applicable regulations and Board conditions and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection, and the Borough Engineer.

3. Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required, in accordance with paragraph i,2 above, the subdivider may be required by the Board to install within the subdivision a complete dry sewer pipe system including provision for connection thereto at each lot provided there is reliable information to indicate that connection of the development to a public sanitary sewerage system can be anticipated within a reasonable period of time. The Board may also require the installation of house sewer service connections to the curb line at which point the same shall be capped.

j. Water Supply.

When in the opinion of the Board a public water supply system is accessible for the subdivision, each lot within the subdivision shall be provided with water supplied by the water supply system. All facilities for the system shall be installed pursuant to and in accordance with the provisions of all ordinances pertaining thereto, and the Borough Code, under the supervision of the Borough Engineer.

1. In the event that a public water supply system is not available to supply the proposed subdivision, the Planning Board may require construction of a private water supply system in such manner that an adequate supply of potable water will be available to each lot within the subdivision at the time improvements are erected thereon so that such system can be incorporated within the public supply system when and if it shall become available. The water treatment and distribution system shall be constructed and installed in conformity with applicable ordinances of the Borough of Roseland subject to the approval of the Borough Engineer. The adequacy, healthfulness and potability of the private water supply system shall be subject to the approval of the Borough Board of Health and the State Department of Environmental Protection, when such approval is required. The developer shall file with the Borough a map of said water supply and distribution system adequately locating the same.

2. All water systems shall be installed in such manner as to insure adequate pressures and quantities and ample flows for hydrants.

k. Fire Hydrants.

Fire hydrants shall be installed in all subdivisions. Fire hydrants shall be of the type approved by the Borough of Roseland in accordance with the recommendations of the Fire Insurance Rating Organization of New Jersey, and shall be placed and installed in accordance with the standards of the Borough of Roseland Code. Such installation shall be subject to the inspection and approval of the Borough Engineer.

l. Electric, Telephone and Cable TV. Service.

Except as otherwise provided in the regulations of the Board of Public Utility Commissioners, in all major subdivisions electric, telephone and cable antenna television facilities shall be installed underground and, where applicable, in accordance with the latest requirements of the Board. Arrangements for such underground installation shall be made with the appropriate utility companies.

m. Easements.

Easements of a width sufficient to allow proper maintenance shall be provided for the installation of all drains, storm drains, pipe lines, gas mains, etc. The easements shall be dedicated to the municipality by approved legal procedure.