12-7 IMPROVEMENTS



§12-7.1 Improvements Required



Prior to granting final approval, the subdivider shall have installed the following improvements, except for those set forth in subsection 12-5 13



a Streets, (except the wearing course)



b Street signs



c Curb and/or gutters where, in the opinion of the township engineers, topography or good design requires the same



d Monuments to be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statutes



e Subdivider shall construct four foot concrete sidewalks with a minimum thickness of four inches, where, in the judgment of the planning board, sidewalks are needed for reasons for public safety or general welfare Sidewalks over driveway areas shall be constructed with a minimum thickness of six inches



f Sanitary sewers and sewage disposal, dry cap sewer lines with appropriate taps, shall be installed where central sewage disposal facilities are available or planned within five years, in accordance with specifications of the State department of health and the plans and specifications are approved by the township engineer, necessary auxiliary facilities shall also be installed by the subdivider where sewer lines are to be connected to an existing central sewer system Where such a sanitary sewer system is not immediately available to the subdivision, the subdivider shall furnish to the planning board satisfactory proof of sufficient sewage disposal by percolation tests Such tests to be in accordance with and under the supervision of the township board of health



g A central water supply system shall be provided by the subdivider, and shall meet the minimum requirements of the department of health of the State of New Jersey and of the township board of health and such design shall be approved by the township engineer. Such central water supply system shall be connected to a supply deemed adequate by the township engineer and if connected to a well, to be driven by the subdivider, such well shall meet the minimum standards set forth by the State of New Jersey for acceptance by such well of a municipality within this State Wherever possible, such central water system shall be connected to existing municipal or private water supplies, the cost of the required extensions of mains and other auxiliary facilities shall be borne by the subdivider, unless the New Jersey Board of Public Utilities shall otherwise order The quality and adequacy of the water supply shall be subject to the approval of the township board of health and of the department of health of the State of New Jersey Fire hydrants shall be installed in all subdivision where. in the judgment of the planning board, they are required for reasons of public safety or general welfare Such hydrants shall be of a type approved by the board of fire rating organization of the State of New Jersey The installation shall be subject to the approval of the township engineer



h. Culverts, inlets, storm sewers and stormwater control measures shall be installed as required in conformance with standards set forth in the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 and/or the requirements of Chapter 14, Stormwater Control, as applicable.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2006-

08.



§12-7.2 Certificate of Occupancy



No certification of occupancy shall be issued on any construction commenced as a result of receiving final approval until the township engineer shall certify to the planning board that all required improvements have been completed, and the performance guarantee herein before requested, shall have been posted with the township committee Upon submission to the planning board that the performance guarantee has been posted with the township committee, and upon receipt of the certification by the township engineer that all required improvements have been completed, the planning board shall so certify to the construction official, that a certificate of occupancy may be issued upon completion of the structure in accordance with the requirements of the uniform construction code



§12-7.3 Required Off-Tract improvements.



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



a. 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 are necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the planning board may require the applicant, as a condition of subdivision 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.



b. Contribution by Developer Toward Required Off-Tract Improvements



1 In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the planning board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the planning board in writing The resolution or determination of the planning board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to insure the successful and reasonable implementation of same In its deliberation as to whether off-tract improvements are required by the planning board shall be guided by the rules and regulations specified in the zoning ordinance of the township, this chapter and the township master plan The planning board may also be guided by counsel from the planning board attorney, engineer, any consultant and other qualified experts and township officials relative to the subject matter



2 In the event that the planning board determines that one or more improvements constitute an off-tract improvement the planning board shall notify the township committee of same specifying the board's recommendation relative to the estimated cost of same, the applicant's pro-rated share of the cost, and possible methods or means to implement same including but not limited to performance and maintenance guarantees, cash contributions, development agreements and other forms of surety



3. The planning board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed by both the applicant and the township committee of the township and a written resolution to that effect by the township committee has been transmitted to the planning board



c Methods of Implementation.



1. Performance and maintenance guarantees Where a performance of maintenance guarantee 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.



2 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 planning board, the agreement shall be approved as to form, sufficiency and execution by the planning board attorney and township attorney The agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the township



3 Cash contributions, when not required Cash contributions for off-tract improvements shall not be required under the following conditions



(a) Where another county or State agency has jurisdiction over the subject improvement and requires a cash contribution, guarantee or other surety of the applicant in lieu of such conditions imposed by the township, or



(b) Where a benefit assessment or other similar tax levy is imposed upon the applicant for the offsite improvement provided, or



(c) Where the applicant, where legally permissible, can undertake the improvements in lieu of the township, subject to standards and other conditions as may be imposed by the township.



4 Cash contributions, method of payment. Where a cash contribution is required by this chapter the contribution shall be deposited with the treasurer of the township with a copy of the applicant's transmittal letter forwarded to the township committee, the township engineer and planning board Any and all monies 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 ten years, the funds may be retained by the township and may be used for general township purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators, or grantees shall be liable to the township for any assessments for the purpose of installing any of the improvements for which the cash contribution was made.



d 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



1 Street widening, alignment, correction, channelization of intersections, constructions 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 percent for contingencies.



2. 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 purposed development The ratio thus calculated shall be increased by 10 percent for contingencies



3 Sanitary sewage distribution 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 period 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 minutes 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 percent for contingencies and shall be the ratio used to determine the cost to the applicant



4 Storm water and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation of 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 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 percent for contingencies 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, applicant shall furnish all drainage right-of-ways deemed to be necessary by the planning board



5. 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 planning board shall also determine the pro-rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.