All improvements listed in § 134-86 shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least twenty-four (24) hours prior to the start of construction The developer shall not begin the installation of any of the improvements until approval is received from the Engineer All construction shall be subject to inspection and approved by the Township Engineer No underground installation shall he covered until inspected and approved The cost of all improvements shall be borne by the developer

A.No final plat shall be approved by the municipal agency unless the developer has filed with the township a Performance guaranty assuring the installation and maintenance of on-tract improvements and Much meets with the approval of the Township Engineer and Attorney as to sufficiency, form and execution

B.Such performance guaranty shall cover the cost of installation of the improvements as set forth in § 134-86 of this chapter deemed necessary and appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, PL 1960, c 141 (N.J.S.A 46 23-9 9 et seq ), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices and public improvements of open space

C.Such performance guaranty shall be in favor of the municipality in an amount not to exceed one hundred twenty percent (120%) of the cost of the required improvements and shall run for a period not to exceed eighteen (18) months However, with the consent of the developer and the surety, if there is one, the Municipal Council may, by resolution, extend the term of the performance guaranty for a period not to exceed an additional eighteen (18) months

D.The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Municipal Council by resolution As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty percent (120%) of the cost of the installation as determined as of the time of the passage of the resolution [Amended 7-7-82 by Ord No. 42-1982]

E.If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the township for the reasonable cost of the improvements not completed or corrected, and the township may, either prior to or after the receipt of the proceeds thereof, complete such improvements [Amended 7-7-82 by Ord No 421982]

F. Completion of improvements, procedure [Amended 7-7-82 by Ord No. 42-1982]

(1) Upon substantial completion of the required appurtenant utility improvements and the connection of same to the township system or upon substantial completion of other required improvements, the developer shall notify the Municipal Council in writing, by certified mail, addressed to the Township Clerk, of the completion or substantial completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer The developer shall simultaneously therewith submit to the Township Engineer as-built drawings, in ink, on tracing cloth, to such scale as required by the Township Engineer, accurately showing the location, profile, size and appurtenances of all storm drains, catch basins, sanitary sewers and water mains and all utilities, including service connections, constructed within the subdivision The developer shall also submit a certification by an engineer of the placement and installation of monuments The sixty-five-day time period set forth in Subsection F(3) shall not begin to run until the aforementioned as-built drawings and monument certification are submitted and the Clerk shall so notify the developer in writing

(2) Upon receipt of the request of the developer, the as-built drawings and the monument certification as set forth in Subsection F(1), the Township Clerk shall immediately set the date when the Municipal Council will hold a public hearing on the release of the developer's performance guaranty The Township Engineer shall then inspect the aforesaid improvements and shall file a report in writing with the Municipal Council, which report shall be detailed and shall indicate either approval, partial approval or rejection of said improvements If said improvements or any portion thereof shall not be approved by the Township Engineer, said report shall contain a statement of the reasons for such rejection Said report shall also indicate the cost of the improvements as approved or rejected

(3) Upon receipt by the Township Clerk of a request to release or reduce a performance guaranty by the developer in accordance with N.J.S.A 40 55D-53 the Township Clerk shall issue written notice by certified mail, to all property owners within said development, of the time, date and place scheduled for the Municipal Council consideration of the request for release or reduction [Amended 12-2-87 by Ord No 82-1987]

(4) The Municipal Council shall accept or reject the improvements, grant partial approval or withhold approval on the basis of applicable engineering reports and shall notify the developer in writing, by certified mail, of the contents of the said reports and the actions of the said Municipal Council with relation thereto not later than sixty-five (65) days after receipt of the certified notice from the developer of the completion of the improvements and the submission of the as-built plans and monument certification Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of all the improvements not yet approved, provided that thirty percent (30%) of the amount of the performance guaranty posted shall be retained to ensure completion of all approved, partially approved and not yet approved improvements The reduction of any performance guaranty may not be deemed to constitute acceptance of the improvements for which the performance guaranty has been provided The obligor shall continue to be responsible for damages that result from any failure to maintain the improvements prior to a formal resolution of acceptance [Added 12-2-87 by Ord No 82-1987]

(5) Failure of the Municipal Court to send or provide such notification to the developer within sixty-five (65) days shall be deemed to constitute approval of the improvements and the developer and surety, if any, shall be released from all liability pursuant to its performance guaranty for such improvements

(6) If any portion of the said improvements shall not be approved or shall be rejected by the Municipal Council, the developer shall cause the same to be completed, and upon completion, the same procedure of notification as outlined herein shall be followed

(7) The developer and/or surety shall be responsible for all of the inspection fees of the township incurred in making the foregoing inspections, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspection

(8) Simultaneously with the forwarding of the request for a reduction or release of the performance guaranties as set forth in Subsection B(1) above, the developer shall post with the Township Clerk an escrow in an amount equal to five hundred dollars ($500 ), plus twenty-five dollars ($25 ) per residential Dwelling unit, times the number of units within the phase/section of the development for which the release and/or reduction is requested Upon favorable action being taken by the Township Council regarding the developers request for a reduction or release of a performance guaranty, the developer shall receive notice of said action, a return of the balance of the inspection escrow, if any, and an accounting of inspections and costs In the event that the amount of the escrow is insufficient to compensate the township for the costs of multiple inspections, then the developer shall, within ten (10) days of receipt of notice of the escrow deficiency, deposit sufficient funds to the escrow account [Added 4-1-1987 by Ord No 16-1987; amended 2-20-1991 by Ord No. 5-1991; 12-4-1991 by Ord. No. 78-1991]

(9) All of the foregoing notices directed to the Municipal Council and to the Township Engineer shall also be submitted to the administration by certified mail in accordance with the procedure outlined above Nothing contained herein shall absolve the developer or surety from liability for latent defects in the construction or installation of the improvements should the same become ascertainable subsequent to the inspections and procedures as outlined above

(10) If the developer falls, neglects or refuses to correct deficiencies as may be discovered by the procedures outlined herein or which may he found to exist as a result of an inspection of said development, the municipality is hereby authorized and empowered to correct said deficiencies after the expiration of a reasonable period of time and/or upon the failure of the developer or surety to take affirmative steps to correct such deficiencies, provided, however, that the municipality shall not be deemed liable, responsible or compellable to proceed with said corrections or installations

(11) Nothing contained herein shall affect the obligation of any person relating to the performance of the obligations hereunder to post a sufficient maintenance guaranty relative to the required improvements

(12) In the event that final approval is by stages or sections of development pursuant to § 134-82 2A(2) of this chapter, the provisions of this section shall be applied by stage or section

(13) Whenever there is a change in the ownership of a development or the financial institution or surety company providing the performance guaranties for the development is required to be operated by a governmental agency or declares or is adjudicated a bankrupt or becomes insolvent or defaults on a bond or surety obligations, the developer or the substituted developer, as the case may be, shall provide the township with notice of such change in development ownership or financial condition of the financial institution or surety company, and prior to the start of or continuation of any work on or off site, shall provide to the township written assurances that the performance guaranties previously posted for the development are in effect and continue to be in effect, or, in the alternative, the developer shall post performance guaranties with the township that are acceptable to the Township Attorney [Added 9-20-1995 by Ord. No. 54-1995]

In addition to the performance guarantees required in Section 134-88 of this Chapter, the owner/developer of a residential development shall deposit with the Township funds into an Interim Maintenance Escrow Account prior to signing the final plat. The amount of the deposit shall be determined by the Director of the Department of Public Works or his/her designee and shall be calculated by multiplying the Township's costs of snow and ice removal by the number of lineal feet of roadway in the residential development. In the event the deposit made to the Interim Escrow Account is insufficient to cover the costs of snow and ice removal resulting from multiple snow and ice events, or an extremely severe Winter season, the owner/developer shall deposit into the Interim Escrow Account such additional funds as determined by the Director of Public Works or his designee. The unused balance in said escrow account shall be refunded to the owner/developer upon completion of all improvements and certification of same by the Township Engineer and release of performance bonds.

**Webmasters Note: The previous section has been added as per Ordinance No. 50-2004.

A. Following the inspection(s) by the Township Engineer and the approval of the improvements by said Engineer, he shall furnish to the Municipal Council the following certification, stating

"I hereby certify that I have inspected all of the improvements required to be installed by in the subdivision known as which are covered by a performance guaranty issued by and certify that all improvements required and covered by said performance guaranty have been installed in accordance with the specifications of the Township of Wayne and to my satisfaction"

B. Upon said certification and action by the Municipal Council consistent with the procedures as outlined in Subsection A above, the developer shall post a maintenance guaranty in the amount of fifteen percent (15%) of the cost of the improvement, said maintenance guaranty to run for a period of two (2) years after final acceptance of the improvement.

C. Nothing herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Municipal Court or the Township Engineer

D. The developer shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements

The developer shall observe the requirements and principles of land subdivision in the design of each subdivision or portion thereof, as set forth in this section

The subdivision plat shall conform to design standards that will encourage good development patterns within the township Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shalt 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 Muster Plait or Official Map shall be considered in approval of subdivision plats Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953 (N.J.S.A 40 55-1 20) and shall be such as to lend themselves to the harmonious development of the township and enhance the public welfare in accordance with the design standards set forth in §§ 134-90 2 to 134-90 7, inclusive

A.The arrangement of streets not shown on the Master Plan or Official Map shall be such as provide for the appropriate extension of existing streets

B.Minor streets shall be so designed as to discourage through traffic

C.All subdivision lots abutting arterial, collector and minor streets shall provide frontage on one (1) side of the lots only, except for corner lots No new lots may be created with dual front and rear street frontages [Amended 12-16-1992 by Ord. No. 80-1992]

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 in commercial and industrial developments shall be deter-mined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment

E.No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Municipal Council under conditions approved by the municipal agency

F.Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one (1) or both sides of said 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 percent (4%) Grades on other streets shall not exceed ten percent (10%) No street shall have a minimum grade of less than one-half of one percent (1/2 of 1%)

H. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty degrees (60') The block comers at intersections shall be rounded at the curbline with a curve having a radius of not less than twenty-five (25) feet

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 degrees (100) and not more than forty-five degrees (450), they shall be connected by a curve with a radius of not less than one hundred (100) feet for minor streets and 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 (culs-de-sac) shall not be longer than six hundred (600) feet and shall provide a turnaround at the end with a radius of not less than fifty (50) feet and tangent whenever possible to the right side of the street If a deadend street is of a temporary nature, a similar turnaround may be required Where such provisions are made, the developer shall also provide for the excess right-of-way to be conveyed to the adjoining property owners at the time provisions are made for the extension of the street

N. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets The continuation of an existing street shall have the same name

O. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as Lo allow the opening of future streets and logical further subdivision.

P. Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations, and where the municipal agency finds it will be practical to require the dedication of the other half when the adjoining property is subdivided, the other half of the street shall be platted within such tract

Q. Private streets shall not be approved nor shall public improvements be approved for any private Street.

R. Curbs All curbing shall be Belgian block. [Added 8-2-78 by Ord. No 35-1978, amended 5-21-80 by Ord No. 23-1980]

S. Aprons shall conform to § 134-137B(3). [Added 8-2-78 by Ord. No. 35-1978]

T. All streets designed with curbs and sidewalks shall be so designed so as to incorporate the necessary drop curbs and sidewalk slopes to facilitate access for the handicapped, in accordance with the standards to remove barriers to the handicapped [Added 5-21-80 by Ord No. 23-1980]

A. Block length and width or acreage within bounding roads 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. Block lengths shall not, under any circumstances, exceed one thousand two hundred (1,200) feet.

B. In blocks over one thousand (1,000) feet long, pedestrian walkways may be required in locations deemed necessary by the municipal agency Such walkways 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

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 § 134-90 2D(4) and (5)

D. Where extra width has been dedicated for widening of existing streets, lots shall beg-in at such extra-width Line and all setbacks shall be measured from such line

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 municipal agency may, after adequate investigation, withhold approval of such lots

F. Corner lots for residential use may be required to have extra width to permit appropriate building setback from and orientation to both streets

A. Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourses and such further width or construction, or both, as will be adequate for the purpose

B. Natural features, such as trees, brooks, hilltops and views, ,shall be preserved whenever possible in designing any subdivision containing such features

C. In appropriate cases, the municipal agency may require needed parks and playgrounds or other public lands to be shown on the final plat map

A. Where the public water supply system of the township is reasonably accessible, each lot within the subdivision area shall be provided with a water supply from the township public water supply system The cost of the required extension of water mains and connections shall he borne by the developer

B. Where a public water supply system approved by the township but not owned by the township is reasonably accessible, the municipal agency may require that each lot within the subdivision area shall be provided with water from such public water supply system

C. in a proposed subdivision, pending accessibility of a public water supply, the developer may be required to construct wells or a private water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision at the time improvements are erected thereon The adequacy, healthfulness and potableness of the water supply shall be subject to the approval of the Department of Health of the township and the State Department of Health when it is required. The water supply system shall be constructed under the direction and control of the Division of Engineering of the township and of the State Department of Health when required, and all construction shall be subject to the approval of the Township Engineer

D. Fire hydrants shall be installed in all subdivisions Fire hydrants shall be of the traffic-model-type approved by the Township Engineer and shall be installed not more than five hundred (500) feet apart and, in the case of townhouse projects, not more than three hundred (300) feet apart, at proper locations to be determined by the Fire Prevention Bureau and the Township Engineer Such installation shall be subject to the inspection and approval of the Township Engineer [Amended 9-16-87 by Ord No 52-1987]

A. Where a public sanitary sewer system is reasonably accessible, the municipal agency shall require that each lot within a subdivision area be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto The cost thereof shall be borne by the developer All such installations of sewer mains and connections shall be subject to the approval of the Township Engineer.

B. Where a public sanitary sewer system is not reasonably accessible, the developer may be required, at his own cost and expense, to install sewer lines and a sanitary sewage disposal plant in accordance with the specifications of the State Department of Health All such installations shall be subject to the approval of the Health Officer of the township, the State Department of Health and the Township Engineer

C. Where a public sanitary sewer system is not reasonably accessible and the installation of sewer lines and a sanitary sewage disposal plant is not required in accordance with Subsection B above, the developer shall install within the subdivision a complete sewer pipe system, including provision for connection thereto at each lot In lieu of constructing the sanitary sewage disposal plant, the developer may install individual sewage disposal systems for each lot at the tune improvements Eire erected thereon All such individual sewage disposal systems shall be constructed in accordance with the requirements of Chapter 157, Sewage Disposal System, Individual

D. Prefabricated package treatment plant facilities Prefabricated package treatment plant facilities shall not be constructed, erected or placed within private individual site developments In all cases, on-site sewage shall be connected into the township's sanitary sewer collection system and be treated at the wastewater treatment facilities of the township following procedures promulgated by the township [Added 5-7-80 by Ord. No 24-1980]

E. Where an individual sewage disposal system is approved for a residence located on an existing street, a house sewer service connection shall be extended to the curbline and capped

F. Materials Material for sanitary sewer pipe shall be ductile iron, vitrified clay or polyvinyl chloride The class, wall thickness and jointing materials all shall be approved by the Township Engineer [Added 8-2-78 by Ord No. 351978]

G.There shall be a fee for television inspection of sewer lines in the amount of sixty-five cents ($0.65) per linear foot with a minimum charge of one hundred dollars ($100 ) for each inspection or reinspection of the sewer main [Added 9-16-87 by Ord No 52-1987]

Prior to the granting of final approval of any subdivision, cluster or PURD development and prior to the issuance of any building permits for any land use, including land uses which require site plan approval, pursuant to this chapter, and any residence or other use of property on an unimproved street or where any off-tract improvements have not then been installed, the developer shall pay his pro rata share of the cost of providing any reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within the development All payments shall be in the manner provided in § 13491 3 below, it being the intent of this section that the developer bear that portion of the cost which bears a rational nexus to the needs created by the development and/or benefits conferred upon such development

Off-site and off-tract improvements shall include the following

A.All improvements of the types described in § 134-86 of this chapter for on-site installation where the need for the providing of such improvements off-site or off-tract is, in whole or in part, made necessary by the proposed development application of the developer and where the making of such improvements will confer a benefit upon the developer's lands which are the subject of the development application

B.Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the development application and the installation of which would confer a benefit upon the developer's lands which are the subject of the development application In addition to improvements of the type described in § 134-86 and referred to in Subsection A above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest

C.The installation of new or the extension or modification of existing improvements made necessary in whole or in part by the development application which will be benefitted by the improvement