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04-23-1996
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5.9
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• § 13.05 GROWTH MANAGEMENT 13-33 <br /> sprawl" and assuring provision of adequate municipal facilities and <br /> services for such developments.39 <br /> Under Ramapo's adopted plan and regulatory structure, persons <br /> desiring to develop land for residential purposes were required to <br /> obtain special permits.Standards for permit issuance were framed in <br /> terms of the availability to the proposed subdivision plat of five <br /> essential facilities or services: (1)public sanitary sewers or approved <br /> substitutes;(2)drainage facilities;(3)improved public parks or recre- <br /> ation facilities, including public schools; (4) state, county, or town <br /> roads, major, secondary or collective; and (5) firehouses. No special <br /> permit was to be issued unless the proposed residential development <br /> had accumulated 15 development points. The points were to be <br /> computed on a sliding scale of values assigned to the specified im- <br /> provements,and credited when the specific improvement was com- <br /> pleted or when it was scheduled for completion within one year from <br /> the date of the application for the permit.Where services would not <br /> be available for a period of time under the plan,a developer had two <br /> options: (1) postpone development until the area was scheduled to <br /> receive service extension; or (2) provide the missing facilities and <br /> services at the property owner's expense.4° <br /> • [3] Types of Facilities <br /> [a] Water and Sewer Services • <br /> Adequacy of water and sewer services may be specified as a con- <br /> sideration in local development review. Inadequate water supply41 <br /> may be a basis for denying development permission. Present <br /> 3$ Id. at 302. "Its [the ordinance's] obvious purpose is to prevent premature <br /> subdivision absent essential municipal facilities and to ensure continuous develop- <br /> ment commensurate with the Town's obligation to provide such facilities." Id. <br /> 39 Id. at 295-96. <br /> 4o Id. at 304. Whether the actual essential services were furnished or not, the <br /> developer was credited the points for the service when the period specified in the <br /> capital program for its completion had passed.Additionally,applicants were author- <br /> ized to apply for a reduction of the assessed valuation of properties pending the period <br /> of"temporary"inability to utilize the land. Id. <br /> 41 See,e.g.,Chase Manhattan'Mortgage&Realty Co.v.Wacha,402 So.2d 61(Fla. <br /> Dist. Ct. App. 1981)(availability of potable water); Chase Manhattan Mortgage and <br /> Realty Co.v.Wacha,402 So.2d 61,63(Fla.Dist.Ct.App.1981)(availability of potable <br /> water);Ungar v.State,492 A.2d 1336,1341(Md.Ct.Spec.App. 1985)(water supply). <br /> (Release #25, 7/87) <br /> • <br />
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