§30-309.3 On-Tract Installations for Nonresidential Site Plans.

Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in subsection 30-308.3 for the ultimate installation of any required public on-tract improvements as the same are described in subsection 30-309.2. In addition, the Board may require the installation of on-site improvements, as described in subsection 30-309.4, prior to the granting of final approval and which it finds necessary before the issuance of a construction permit. All such improvements shall be subject to approval and inspection of the Borough Engineer as provided in Section 30-309.2.

§30-309.4 On-Site Installations for Nonresidential Site Plans.

a. Pavement.

All parking and loading areas, entrance and exit driveways and all road and access drives shall be paved and constructed in accordance with Article V of this chapter.

b. Storm Drainage.

All sites shall be drained and graded so as to control surface runoff efficiently. Storm drainage shall be connected to existing facilities whenever possible. Surface waters exceeding a quantity of 5 c.f.s. must be collected into storm drains and not be allowed 'to run on the surface, unless a specific alternate design is approved by the Borough Engineer. Storm drain collection system design is to be based on a 25-year storm. Detention or retention facilities may be required by the Borough in cases where existing systems lack capacity or where needed to protect downstream properties.

c. Traffic Stripes.

Parking spaces, pedestrian walkways and entrance and exit driveways shall be painted on the finished pavement in traffic paint.

d. Curbing.

All paved areas shall be bounded by curbing of the type required by the Board in accordance with Chapter XIX, Streets and Sidewalks of the Borough Code:

e. Sidewalks.

Sidewalks shall be constructed where required in accordance with Chapter XIX, Streets and Sidewalks, of the Borough Code.

f. Screening.

All off-street parking and loading areas shall be effectively screened on any side which adjoins or faces premises situated in any residential zones, by a fence or wall not less than four (4) nor more than six (6) feet in height, maintained in good condition provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Board. The fence as required by this paragraph be waived by the Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. Where parking is located in a front yard the Board may require construction of landscaped berms up to a height of five (5) feet with slopes at a ratio of not less than 2:1.

g. Lighting.

Adequate lighting in accordance with this chapter shall be provided for parking lots and shall be designed so as to eliminate glare onto nearby residences.

h. Landscaping.

All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Board. Shade trees shall be installed within the street right-of-way in accordance with requirements of the Shade Tree Commission.

i. Utilities.

All uses shall be provided with adequate water supply and sanitary disposal facilities, all in accordance with applicable local and State requirements.



j. Other Construction Devices.

The Board may require items of construction such as retaining walls, guard rails, safety fencing, traffic barricades, or other devices necessary in the interest of public safety and convenience.

§30-310 OFF-TRACT IMPROVEMENTS.

As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant, shall have made cash payments in the manner provided below with respect to the installation of any required off-tract improvements.

§30-310.1 Allocation of Costs; Criteria in Determining Allocation.

The allocation of costs for off-tract improvements as between the applicant, other property owners and the Borough, or any one (1) or more of the foregoing, shall be determined by the Board, with the assistance of the appropriate Borough agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-site improvements, and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with N.J.S.A. 40D:55-42. In addition, the following criteria may also be considered, as well as any other reasonable criteria:

a. Street, curb, sidewalk, shade trees, street lights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.

b. Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

1. The percentage relationship between the acreage of the application and the acreage of the total drainage basin.

2. The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

3. The use, condition or status of the remaining area in the drainage basin.

c. Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

d. Sanitary sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected -to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with the law.

§30-310.2 Determination of Cost of Improvements.

The cost of installation of the required off tract improvements shall be determined by the Board with the advice of the Borough Engineer and appropriate Borough agencies.

§30-310.3 Amount of Contribution.

When the cost of construction has been determined, the applicant may be required to provide a cash deposit to the Borough of one (1) of the following amounts:

a. If the improvement is to be constructed by the Borough as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.

b. If the improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in paragraph a. the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

§30-310.4 Payment of Allocated Cost.

a. The estimated costs of the off-tract improvement allocated to the applicant if deposited in cash, shall be paid by the applicant to the Borough Clerk who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Borough within a period of ten (10) years from the date of payment, after which time said funds so deposited shall be returned together with accumulated interest or other income thereon, if any.

b. In the event the payment by the applicant to the Borough Clerk provided for herein is less than its share of the actual cost of the off-tract improvements then it shall be required to pay its appropriate share of the cost thereof.

c. In the event the payment by the applicant to the Borough Clerk provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assigns, shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

§30-311 SUBMISSION OF FINAL DEVELOPMENT PLANS.

A.final submission is required of all development plans approved at the preliminary submission stage.

§30-311.1 Procedure for Submitting Final Plats and Final Plans.

a. Within three (3) years after the date of preliminary approval, the applicant shall submit to the Secretary to the Board which granted preliminary approval, eighteen (18) copies of the final plat or final plan, eighteen (18) copies of the completed application, eighteen (18) copies of the completed application checklist, eighteen (18) copies of any protective covenants or deed restriction applying to the lands being subdivided or developed, and the fee.

b. The Secretary to the Board shall process the application and certify the application as complete or notify the applicant in writing of any deficiencies within forty-five (45) days of the submission. If the application has been found to be complete, the Secretary to the Board shall forward it to the Board and the applicant shall forward four (4) copies of the submission to the County Planning Board for review and action. If the application has been found to be incomplete, it shall be returned to the applicant who may submit an appropriately revised application as in the first instance.

c. At the direction of the Board, additional copies of the submission may be forwarded to other individuals, offices and agencies for information, review and comment.

§30-311.2 Details Required for Final Plats and Final Plans.

a. All details stipulated in subsection 30-307.3 of this chapter except those which were specifically waived by the Board at the time of the preliminary submission.

b. All additional details required at the time of preliminary approval and/or set forth as a requirement for final approval in the resolution memorializing the preliminary approval.

c. Detailed architectural and engineering data including:

1. An architect's rendering of each building and sign, or of a typical building and sign, showing front, side and rear elevations.

2. Final cross sections, profiles and established grades of all streets, aisles, lanes and driveways and construction documents (plans and specifications or reference to specifications).

3.Final plans and profiles of all storm and sanitary sewers and water mains.

4. All dimensions of the exterior boundaries of any subdivision, balanced and closed to a precision of one (1) to ten thousand (10,000) and the dimensions of all lot lines to within one (1) to twenty thousand (20,000). All dimensions, angles and bearings must be tied to at least two (2) permanent monuments not less than three hundred (300) feet apart and all information shall be indicated on the plat. At least one (1) corner of the subdivision shall be tied to U.S.C. and G.S. benchmarks with data on the plat as to how the bearings were determined.

5. Four (4) copies of "as built" drawings for utilities and site improvements on the portions of the project completed under preliminary approval.

d. The final submission shall be accompanied by the following documents:

1. A Final Application Comparison Report.

This report shall define the development plan for the phase being submitted for approval and include the following, stating any differences between the final development plan and the development plan receiving preliminary approval:

(a) The total number of dwelling units to be constructed.

(b) The number by type of dwelling units to be constructed.

(c) The amount of square feet of nonresidential uses to be constructed.

(d) The number by type of community facilities and/or structures to be constructed.

(e) The amount of open space to be preserved.

(f) The nature and cost of public improvements to be provided.

(g) The anticipated value of residential and nonresidential construction.

2. Organization Documents.

These documents shall include, if applicable:

(a) Articles of incorporation for any homeowner's association, condominium association or other organization to maintain the common open space or community facilities.

(b) Bylaws and membership rules and regulations of any such organization, defining its rights, duties, and responsibilities.

(c) A copy of the master deed detailing the rights and privileges of individual owners of common property.

(d) A copy of all materials submitted to the Department of Community Affairs as required by the New Jersey Planned Real Estate Development Full Disclosure Act - Regulations and evidence of the status of acceptance of and/or approval by the Department of Community Affairs. Review by the Board of these materials shall be for informational purposes only and is not intended to imply approval or acceptance, which shall be the full responsibility of the State of New Jersey.

(e) Final approval may be conditioned upon submission of items d,2(a) through d,2(d) above for review and comment by the Board or, if items d,2(a) through d,2(c) above are to be used as a guarantee for the maintenance of common elements, final approval may be conditioned upon approval of the applicable portions of these documents by the Board.

(f) Covenants or easements restricting the use of the common open space or elements.

(g) Convenants or agreements requiring homeowners or residents to pay the organization for the maintenance of the common open space and/or community facilities. This shall include a proposed schedule of membership fees for at least the first three (3) years of operation.

(h) The purpose of any easement on land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.

3. Other Covenants and Easements.

These documents shall include any easements or covenants affecting any land in the development.

4. Maintenance Agreements.

If there is to be no homeowners association, condominium association, open space organization, or similar arrangement for the maintenance of common facilities, the developer shall furnish an agreement under which private roads and other facilities will be maintained, refuse collected and other supplementary services provided, and the same shall be submitted to and approved by the Board.

5. Offer of Dedication.

Any offer of dedication shall include all legal requirements for valid dedication to the Borough or, where appropriate, to another governmental body, of roads, open spaces or other improvements intended for public ownership.

6. Performance Guarantee.

Unless improvements are completed prior to final approval, a performance guarantee shall be posted in the amount and in the form required by the Borough.

7. Certification of Taxes Paid.

Certification from the Tax Collector that all taxes are paid to date.



8. Certification of Ownership.

Certification that the applicant is the owner of the land or the owners authorized agent, or that the owner has given consent under an option agreement.

9. Certification of Fees Paid.

Certification from the Secretary to the Board that all fees required at the time of filing have been paid.

10. Request of Receipt for Map.

A.copy of a letter to the Borough Engineer requesting a statement that he is in receipt of a map showing all utilities with locations and elevations; that he has examined the drainage plan and found that the interests of the Borough and of neighboring properties are adequately protected; and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:

(a) Installed all improvements in accordance with the requirement of this chapter; and/or

(b) Posted a performance guarantee in accordance with this chapter.

11. Request of Improvement Inspection Approval.

A.copy of a letter to the Borough Engineer requesting a statement that all improvements installed prior to application for final approval have been inspected, and that such improvements meet the requirements of the Borough. Any improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.