A. Site plan review and approval shall be required before any change of use or before any excavation, removal of soil, clearing of a site or placing of any fill or surfacing on lands contemplated for development or developed, and, except as hereinafter provided, no building permit shall be issued for any building or use or reduction or enlargement in size or other alteration of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board. Site plan review and approval shall also be required for any application for an existing building (commercial or industrial use) to increase the rated occupancy load by a factor in excess of 10% beyond the occupancy load as determined at the time of initial site plan approval. [Amended 4-2-1992 by Ord. No. 14-92]

B. Site plan approval shall not be required for any detached one- or two-dwelling-unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by Borough ordinances.

C. The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

A. Prior to submission of an application for preliminary site plan approval, the developer may submit to the Borough Construction Official, who shall forward to the Secretary of the municipal reviewing board for review, a tentative plan and such site data as may be available. The tentative plan will not be considered as a formal application but rather will serve as a basis for discussion so that the reviewing board may provide informal guidance to the developer in the preparation of his application for preliminary approval.

B. Any developer requesting approval of a proposed preliminary site plan for land in the Borough of Hopatcong shall, prior to development, submit to the Borough Construction Official, at least 28 days prior to the date of the regular monthly meeting of the reviewing board, three completed application forms, eight copies of any proposed site plan conforming to the provisions of § 191-21 and supporting materials and fees as required in § 191-16. When a use variance is required as provided in N.J.S.A. 40:55D-70d, a tentative application for site plan review, as provided in § 191-6A, shall be filed simultaneously with the application for the use variance. The tentative site plan application shall be filed with the Construction Official. The application for the use variance shall be filed with the Zoning Officer. Prior to the granting of the variance, an application for site plan approval shall be filed as provided in § 191-9, and approval of the use variance shall be conditioned upon approval of the site plan application. [Amended 3-3-1988 by Ord. No. 3-88]

C. Upon receipt of an application as provided in § 191-6B, the Construction Official shall forward the application forms and the copies of the plan with supporting materials to the Secretary of the reviewing board within three business days in order that the application shall be entered on the agenda of the reviewing board.

D. At the time of submission, the lot to be developed shall be conspicuously marked with stakes and flags of engineer's tape at all corners and elsewhere as needed to determine the location of proposed structures.

E. No application for site plan approval shall be deemed complete in the absence of a plan as required by Chapter 197. [Amended 3-5-2008 by Ord. No. 6-2008]

F. If the application is found to be incomplete, the applicant shall be notified thereof within 45 days of submission of the application or it shall be deemed to be properly submitted. The time for the reviewing board's review shall not begin to run until the submission of a complete application.

G. In order to allow discussion by the public and to receive recommendations from other Borough officials, the reviewing board shall hold a public hearing on the proposed application in accordance with §§ 191-17 and 191-18. If relief is requested pursuant to the ancillary powers granted to the Planning Board in accordance with N.J.S.A. 40:55D-60, public notice shall be given by the applicant in accordance with §§ 191-19 and 191-20 and shall include reference to the request for a variance or direction for issuance of a permit. Copies of the preliminary application shall be forwarded by the Secretary of the reviewing board to the following for their reports and recommendations:

(1) Borough Engineer.

(2) Secretary of the Board of Health.

(3) Environmental Commission.

(4) Such other officials as directed by the reviewing board.

H. All applications for site plan approval for land development along county roads shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval pursuant to N.J.S.A. 40:27-6.6. The applicant shall furnish proof of such submission at the time of the submission of his application to the Borough reviewing board by presenting a copy of his site plan with an indication from the county that it has been filed with it. Any application for site approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the site plan at the time of preliminary approval of the applicant's application, such preliminary approval shall be conditioned on approval of said site plan by the County Planning Board or by its failure to act thereon within the required time period. If the County Planning Board adopts rules waiving its review of any site plans, the reviewing board shall waive the requirement of this subsection for said site plans. All applications for site plan approval for land development along county roads shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval pursuant to N.J.S.A. 40:27-6.6. The applicant shall furnish proof of such submission at the time of the submission of his application to the Borough reviewing board by presenting a copy of his site plan with an indication from the county that it has been filed with it. Any application for site approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the site plan at the time of preliminary approval of the applicant's application, such preliminary approval shall be conditioned on approval of said site plan by the County Planning Board or by its failure to act thereon within the required time period. If the County Planning Board adopts rules waiving its review of any site plans, the reviewing board shall waive the requirement of this subsection for said site plans.

I. The reviewing board shall, if the proposed development complies with the requirements of this chapter, grant preliminary site plan approval. If the reviewing board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. If the site plan is denied, the reasons for denial shall be stated upon the records of the reviewing board. If the reviewing board acts favorably on the preliminary site plan, the Chairman and Secretary shall affix their signatures to the site plan.

J. The Secretary of the reviewing board approving a preliminary site plan shall certify two full sets, on each page, with an appropriate stamp showing the date of approval, the file number, the Chairman's signature and the Secretary's signature. One set shall be given to the applicant, and one set shall be retained in the official files of the reviewing board.

K. Certification that all taxes and assessments against the site have been paid shall be presented to the reviewing board prior to any preliminary approval.

A. Upon the submission of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for a relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application or within such further time as may be consented to by the applicant.

B. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

C. Upon the submission of a complete application for site plan approval pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment shall grant or deny preliminary approval of the application within 120 days of the date of such submission or within such further time as may be consented to by the applicant.

D. Failure of the reviewing board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.

E. If the reviewing board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development, including the restarting of the time for action. The reviewing board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.

Preliminary approval of a site plan, except as provided in Subsection D of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

A. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting, both for safety reasons and street lighting, except that nothing herein shall be construed to prevent the municipality from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to the public health and safety.

B. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.

C. That the applicant may apply for and the reviewing board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

D. In the case of a site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A, B and C above for such period of time longer than three years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised by ordinance, such revised standards may govern.

A. A final site plan and supporting drawings and documentation constitute the complete development of the site plan proposal and become the basis for the construction of the plan and inspection by the Borough. The site plan and any engineering or architectural documents required shall be in final form and accurate for final approval and construction.

B. The developer may, at his option, submit a final site plan in stages to include only a portion of the original preliminary site plan. Approval of the final site plan for a section shall not extend the time limit or preliminary approval for the remaining sections.

C. The reviewing board shall ensure that any improvements required for the site plan as a whole which might have an adverse effect on an approved section if the remaining sections were not completed shall be installed as a condition of approval for any section. This shall include but not be limited to open space, recreation, soil and erosion control and similar improvements.

D. Any developer requesting approval of a proposed final site plan for land in the Borough of Hopatcong shall submit to the Borough Construction Official, at least 14 days prior to the date of the regular monthly meeting of the reviewing board and within the time provided in § 191-8, three completed application forms, eight copies of any proposed site plan conforming to the provisions of § 191-22 and supporting materials and fees as required in § 191-16.

E. Upon receipt of an application as provided in § 191-9D, the Construction Official shall forward the application forms and the copies of the plan with supporting materials to the Secretary of the reviewing board within three business days in order that the application shall be entered on the agenda of the reviewing board.

F. If the application is found to be incomplete, the applicant shall be notified thereof within 45 days of the submission of the application or it shall be deemed to be properly submitted. The time for the reviewing board's review shall not begin to run until the submission of a complete application.

G. In order to allow discussion by the public and to receive recommendations from other Borough officials, the reviewing board shall hold a public hearing on the proposed application in accordance with §§ 191-17 and 191-18. A copy of the final site plan application shall be forwarded by the Secretary of the reviewing board to the Borough Engineer for his report and to such other officials as directed by the reviewing board.

H. All applications for site plan approval for land development along county roads shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval pursuant to N.J.S.A. 40:27-6.6. The applicant shall furnish proof of such submission at the time of the submission of his application to the Borough reviewing board by presenting a copy of his site plan with an indication from the county that it has been filed with it. Any application for site approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the site plan at the time of final approval of the applicant's application, such final approval shall be conditioned on approval of said site plan by the County Planning Board or by its failure to act thereon within the required time period. If the County Planning Board adopts rules waiving its review of any site plans, the reviewing board shall waive the requirement of this subsection for said site plans. All applications for site plan approval for land development along county roads shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval pursuant to N.J.S.A. 40:27-6.6. The applicant shall furnish proof of such submission at the time of the submission of his application to the Borough reviewing board by presenting a copy of his site plan with an indication from the county that it has been filed with it. Any application for site approval shall not be deemed complete in the absence of proof that it has been filed with the County Planning Board. If the County Planning Board has failed to grant or deny approval of the site plan at the time of final approval of the applicant's application, such final approval shall be conditioned on approval of said site plan by the County Planning Board or by its failure to act thereon within the required time period. If the County Planning Board adopts rules waiving its review of any site plans, the reviewing board shall waive the requirement of this subsection for said site plans.

I. Prior to final site plan approval and as a condition for final site plan approval, the developer shall contribute to the Borough his contribution for off-tract improvements if the contribution is required, all improvements shall be installed by the developer and approved by the reviewing board or guaranties pursuant to § 191-12 shall be provided and all taxes and assessments against the site shall be paid and certification of this shall be provided to the reviewing board. The Borough reviewing board may condition any approval it grants upon compliance with this subsection within a time period not to exceed 30 days from the date of favorable action by the reviewing board.

J. The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval, provided that in the case of a planned development, the reviewing board may permit minimum deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval. If the application is denied, the reasons for denial shall be stated upon the records of the reviewing board. If the reviewing board acts favorably on the final site plan application, the Chairman and Secretary shall affix their signatures to the site plan.

K. The Secretary of the reviewing board approving a final site plan shall certify three full sets, on each page, with an appropriate stamp showing the date approved, the file number, the Chairman's signature and the Secretary's signature. One set shall be given to the applicant, one to the Borough Construction Official for his use and one set shall be retained in the official files of the reviewing board.

Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the reviewing board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval.

A. Final approval of a site plan shall confer upon the applicant the following rights for a two-year period after the date of final approval:

(1) The zoning requirements applicable to the preliminary approval first granted shall not be changed.

(2) All other rights conferred upon the developer pursuant to preliminary approval, whether conditional or otherwise, shall not be changed.

(3) The reviewing board may extend such period of protection for good cause by extensions of one year but not to exceed three extensions, provided that if the design standards have been revised by ordinance, such revised standards may govern.

B. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

C. In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the reviewing board may grant extensions of time longer than two years as shall be determined by the reviewing board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible, economic conditions and the comprehensiveness of the development, among others.

A. Prior to final site plan approval and as a condition to the issuance of a zoning permit, the developer shall:

(1) For the uninstalled improvements, furnish a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of installation for said improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees and surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 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, public improvements of open space and other on-site improvements and landscaping.

(2) Provide for a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement and in an amount not to exceed 15% of the cost of the improvement. 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 guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements. The maintenance guaranty shall be expressly conditioned upon the maintenance by the developer of all such improvements for said period and particularly shall guarantee the remedy of any defects in such improvements which occur during the same period. The maintenance bond shall further guarantee the replacement of any shade trees found to be unhealthy within two years of planting.

(3) Guaranty bonds shall be issued by a corporate surety licensed to do business in the State of New Jersey and/or a certified check drawn on a bank which is a member of the Federal Reserve System, payable to the Borough of Hopatcong. Guaranty bonds shall be approved by the Borough Attorney as to form and execution.

(4) In lieu of the performance guaranty provided for in Subsection A(1) above, the Borough reviewing board, in its sole and absolute discretion, may accept from an applicant an irrevocable bank letter of credit issued by a bank which is a member of the Federal Reserve System. Said letter shall be issued to the benefit of the Borough and shall allow the Borough to draw upon such credit in its sole and absolute discretion. The letter of credit shall be of a duration adequate for the length of the project. The amount of the letter of credit shall be as determined by the Borough Engineer. [Added 4-6-1989 by Ord. No. 17-89]

B. The Borough Engineer shall review the improvements required by the reviewing board and itemize their cost. Said itemization shall be the basis for determining the amount of the performance guaranty and maintenance guaranty required by the reviewing board. The Borough Engineer shall forward his estimate of the cost of improvements to the applicant within 30 days of the date of receipt of a request sent by certified mail for said estimate.

C. The reviewing board may require that up to 10% of the total performance guaranty shall be in cash, and the balance shall be in the form of a bond.

D. The amount of any performance guaranty may be reduced by the governing body, by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by said body by resolution.

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 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.

F. When all of the required improvements have been completed, the obligor shall notify the governing body in writing, by certified mail and addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth. The Engineer's report shall be filed within time to allow timely action by the governing body.

G. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto no later than 65 days after receipt of the notice from the obligor of the completion of the improvements. 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 the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.

H. If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.

I. The cost for all fees paid for the foregoing inspection of improvements shall be the responsibility of the developer.

J. Nothing herein, however, shall be construed to limit the right of the obligor to contest, by legal proceedings, any determination of the governing body or the Borough Engineer.

A. Prior to the issuance of a certificate of occupancy, all improvements as shown on the approved site plan shall have been installed by the developer and shall have been approved by the governing body. When, by reason of adverse weather conditions, completion of certain improvements would cause an undue delay, the Construction Official may issue a temporary certificate of occupancy, provided that the public health, welfare and safety will not be endangered, and further provided that the governing body and Borough Engineer approve said temporary certificate of occupancy.

B. All of the improvements shall be constructed and installed in accordance with the requirements, principles and design standards as provided by ordinance and subject to inspection and approval by the Borough Engineer. The Borough Engineer shall be notified 72 hours prior to the start of the various phases of the work, and, if the work is discontinued, he shall again be notified when the work will be continued.

C. All required improvements affecting the public interest shall be offered for dedication to the Borough of Hopatcong by deed or such other appropriate instrument. The improvements shall not be deemed to have been accepted by the Borough, however, until formal action of acceptance by ordinance or resolution by the governing body.

D. Off-tract improvements. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements and easements may be required in accordance with the following criteria:

(1) Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the reviewing board may require the applicant, as a condition of site plan approval and at the applicant's sole expense, to provide for and construct such improvements, as if such were on-tract improvements, in the manner provided hereafter and as otherwise provided by law.

(2) Contributions by developer toward required off-tract improvements.

(a) In cases where the need for any off-tract improvements is necessitated by the proposed development application and where the reviewing board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the reviewing board in writing. Said resolution or determination of the reviewing board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same. In its deliberation as to whether off-tract improvements are required, the reviewing board shall be guided by the rules and regulations specified in the Zoning Ordinance of the Borough of Hopatcong, this chapter and the Borough Master Plan. The reviewing board may also be guided by counsel from the reviewing board attorney, engineer, any consultant and other qualified experts and Borough officials relative to the subject matter.

(b) In the event that the reviewing board determines that one or more improvements constitute an off-tract improvement, the reviewing board shall notify the governing body of the same, specifying the board's recommendation relative to the estimated cost of the same, the applicant's pro rata share of the cost and possible methods or means to implement the same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.

(c) The reviewing board shall not grant final approval of the site plan until all aspects of such conditions have been mutually agreed upon by both the applicant and the governing body of the Borough of Hopatcong and a written resolution to that effect by the governing body has been transmitted to the reviewing board.

(d) Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to reserve the right to a judicial determination as to the fairness and reasonableness of such amount.

(3) Methods of implementation.

(a) Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.

(b) Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the reviewing board, said agreement shall be approved as to form, sufficiency and execution by the reviewing board attorney and/or Borough Attorney. Said agreement shall specify the amount of cash contributions, if any; the method of payment of the same: the relative timing of such payment; and the obligation or obligations to be undertaken by the Borough of Hopatcong.

(c) Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:

[1] Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Borough of Hopatcong.

[2] Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided.

[3] Where the applicant, where legally permissible, can undertake the improvements in lieu of the Borough, subject to standards and other conditions as may be imposed by the Borough of Hopatcong.

(d) Cash contributions, method of payment. Where a cash contribution is required by this chapter, said contribution shall be deposited with the Treasurer of the Borough of Hopatcong with a copy of the applicant's transmittal letter forwarded to the governing body, the Borough Engineer and the reviewing board. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds may be retained by the Borough of Hopatcong and may be used for general municipal purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators or grantees shall be liable to the Borough of Hopatcong for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.

(4) Pro rata formula for determining applicant's share of off-tract improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

(a) For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements, the applicant's proportionate share shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

(b) For water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

(c) For sanitary sewerage facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak-flow period for the existing system, the ratio shall be the estimated peak-flow rate from the proposed development in gallons per minute to the sum of the present peak-flow deficiency in the existing system or subsystem and the estimated peak-flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.

(d) For stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts and catch basins and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow, measured in cubic feet per second, deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies. The applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the reviewing board.

(e) General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the reviewing board shall also determine the pro rata amount of the cost to be borne by other owners of lands which will be benefited by the proposed improvements.

E. Submission of certified record drawings. Upon completion of construction of all improvements and prior to the release of the performance bond, the developer shall submit to the Borough certified as-built or record drawings. The record drawings shall contain the embossed seal of a licensed professional engineer of New Jersey and be signed by the Borough Engineer. The drawings shall indicate the pipes, structures and appurtenances as built, including the location of all house service lines, valves and appurtenances. Record drawings shall be submitted on cloth to the Construction Official.

F. Profile details.

(1) Profiles of streets, storm and sanitary sewer lines shall be submitted at the time the final site plan is submitted.

(2) Profiles shall be drawn on sheets 24 inches by 36 inches and drawn to a scale of not less than one inch equals 50 feet horizontal and one inch equals five feet vertical.

(3) The profiles shall show, accurately platted to scale, the existing and proposed storm drains, sanitary sewers, underdrains and center lines, including inverts and rim elevation of all manholes and inverts and curb elevation of all inlets and top and inverts of other drainage structures. The percent of grade on all center lines shall be indicated. The length of all vertical curves shall be noted, together with their respective points of curvature, points of intersection and points of tangency. The original grade line shall be indicated.