Prior to the subdivision or resubdivision of
land and prior to the issuance of a building permit or certificate
of occupancy for any development, an application shall be submitted
to and approved by the Planning Board in accordance with the requirements
of this chapter, except that subdivision or individual lot applications
for detached one- or two-family dwelling unit buildings shall be exempt
from site plan review and approval. In the event that the subdivision
or site plan application requires action by the Board of Adjustment
as provided in this chapter in § 95-23A(4), said application
shall be submitted to and processed by said Board, which shall act
in the same manner as the Planning Board as provided in this article
and as further provided in § 95-23A(7).
A.
Time of filing. An application for subdivision or
site plan approval shall be filed with the Secretary of the Planning
Board at least 21 days prior to a regular meeting of the Planning
Board.
[Amended 8-27-1981 by Ord. No. 21-1981]
B.
Application content. Application shall be made in
triplicate on forms available from the Secretary of the Planning Board
and shall be accompanied by the required filing fee and 12 blue- or
black-on-white prints of the subdivision plat or site plan and 12
copies of any other required documents and improvement plans. An application
for final subdivision approval shall also be accompanied by the original
tracing, three translucent tracings and two cloth prints of the subdivision
plat. All paperwork, plans, reports, etc., submitted for subdivision
and site plan applications shall be provided digitally to the Board
Secretary. This may be via email, thumb drive, or CD. In addition,
each subdivision application and each site plan application requiring
review by the County Planning Board shall be accompanied by one additional
print and one reverse-line sepia, which shall be submitted by the
Secretary of the Planning Board to the County Planning Board.
[Amended 8-27-1981 by Ord. No. 21-1981; 12-7-2020 by Ord. No. 10-2020]
C.
The application shall be accompanied by a filing fee pursuant to § 95-11 of this chapter to cover the technical, investigative and administrative expenses involved in processing the application.
D.
The time for review shall not begin to run until the
submission of a complete application with the required fee.
E.
Incomplete application; completion; hearing.
[Amended 5-15-1980 by Ord. No. 3-1980]
(1)
If the application for development is found to be
incomplete, the developer shall be notified in writing of the deficiencies
therein by the Board or the Secretary of the Planning Board for a
determination of completeness within 45 days of the submission or
it shall be deemed to be properly submitted.
(2)
Upon receipt of a complete application for preliminary
site plan or subdivision approval as defined herein and in accordance
with the rules and regulations of the Planning Board, the Board shall
schedule a date of hearing and give due notice to the applicant, who
shall, in accordance with the provisions of this chapter and the Municipal
Land Use Act, notify the surrounding property owners of such hearing;
provided, however, that when reviewing an application for conventional
site plan pursuant to Section 34 of the Municipal Land Use Act (N.J.S.A.
40:55D-46), the Planning Board or Board of Adjustment, as the case
may be, shall have the power to waive public notice of the hearing.
[Added 12-14-1982 by Ord. No. 31-1982]
A.
The following criteria have been set forth as a guide
for evaluating the adequacy of proposed development in the Township
of East Hanover. The Planning Board shall review the site plan for
compliance with all applicable ordinances and the Comprehensive Plan
for harmony with surrounding uses and the overall plan for development
of the municipality; for the promotion of the health, safety, order,
efficiency and economy of the municipality; and for the maintenance
of property values and the general welfare. Based upon its review
and the degree which it can make positive findings, the Planning Board
may approve, conditionally approve, request modifications or deny
approval of the site plan based on the following:
(1)
The site plan's compliance with all provisions
of the municipality's Land Use and Zoning Ordinance including but
not limited to off-street parking and loading; signs; lighting; open
space and the generation of objectionable smoke, fumes, noise, odors,
dust, glare, vibration or heat.
(2)
The site plan's compliance with all requirements
and standards of the Subdivision Ordinance, including but not limited
to standards for construction, layout dimensions and materials.
(3)
The environmental impact of the development
relating to the preservation of existing natural resources on the
site and the impact on the natural resources of the surrounding properties
and neighborhood.
(4)
The relationship of the development to adjacent
uses in terms of harmonious use and design, setbacks, maintenance
of property values and negative impacts.
(5)
The provision of a safe and efficient vehicular
and pedestrian circulation system.
(6)
The design and location of off-street parking
and loading facilities.
(7)
The design and location of buildings in an efficient
and aesthetically pleasing manner.
(8)
The adequacy of the screening and landscaping
plan.
(9)
The location of exterior lighting in terms of
safety needs, intensity and glare.
(10)
The adequacy of facilities serving the development.
(11)
The location, size, extent and configuration
of open space areas.
B.
The approving authority may waive those requirements
or details specified to be shown on the site plan in any given application
if it is determined that said requirements or specifications are not
necessary to be shown in order to ensure that said site plan conforms
to the standards of good planning, will have no deleterious effect
on the neighboring properties and indicates sufficient information
to assure adequate protection to health, welfare and safety of the
people of the Township.
A.
General.
[Amended 8-27-1981 by Ord. No. 21-1981]
(1)
Agencies to review application.
[Amended 12-14-1982 by Ord. No. 31-1982]
(a)
Upon receipt of an application, the Secretary
of the Planning Board shall send a copy to each of the following for
report and recommendation:
[1]
East Hanover Board of Health.
[2]
East Hanover Environmental Commission.
[3]
East Hanover Department of Public Works.
[4]
East Hanover Police Department.
[5]
East Hanover Fire Department.
[6]
East Hanover Water Department.
[7]
East Hanover Township Engineer.
[8]
East Hanover Shade Tree Commission
[9]
East Hanover Board of Education.
[10]
East Hanover Sewer Department or Sewer Engineer.
[11]
East Hanover Professional Planner upon determination
of the Planning Board of the need of a review of an application.
(b)
When required, any transmittal to the New Jersey
Department of Environmental Protection, the New Jersey Department
of Transportation, the Morris County Planning Board and Morris County
Soil Conservation District shall be made by the applicant.
(2)
The Planning Board shall have the power to grant the
waiver of the submission to any of the above agencies for reports
which are not applicable to a particular application.
(3)
Minor site plan review; time limitations generally.
(a)
The Planning Board shall grant or deny the application
within the times of submission of a complete application prescribed
below or within such further time as may be consented to by the applicant:
[Amended 5-15-1980 by Ord. No. 3-1980]
Type of Application
|
Period of Time for Action by Planning
Board
(days)
| |
---|---|---|
Sketch plat, minor subdivision
|
45
| |
Sketch plat, major subdivision
|
45
| |
Preliminary plat, 10 lots or less
|
45
| |
Preliminary plat, more than 10 lots
|
95
| |
Site plan, 10 acres of land or less and 10 residential
units or less
|
45
| |
Site plan, more than 10 acres of land or more
than 10 residential units
|
95
| |
Final plat
|
45
| |
Final site plan
|
45
|
(b)
The Planning Board, upon receipt and review
of a proposed site plan, may waive notice and public hearing for an
application for conventional development if the Board finds that the
application for development conforms to the definition of "minor site
plan" as set forth in this chapter. Minor site plan approval shall
be deemed to be final approval of the site plan by the Board, provided
that the Board may condition such approval on terms ensuring the provision
of improvements pursuant to Sections 29, 29.1, 29.3 and 41 of the
Municipal Land Use Act (N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and
40:55D-53). Minor site plan approval shall be granted or denied within
45 days of the date of submission of a complete application to the
administrative officer or within such further time as may be consented
to by the applicant. Major site plan approval shall be granted or
denied within 95 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute site plan approval.[1]
(4)
Failure of the Planning Board to act within the period
prescribed shall constitute approval, and a certificate of the Township
Clerk as to the failure of the Planning 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 herein required
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats. The applicant shall be notified in writing
of the Planning Board action within one week of its action.
(5)
Whenever review or approval of an application by the
County Planning Board is required by the county land development standards,
the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time period. The zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor site plan approval was granted shall not be changed
for a period of two years after the date of minor site plan approval.[2]
(6)
If the scheduled time for the Planning Board meeting
does not allow sufficient time for the Board to reach a determination
regarding action on an application within the time prescribed, the
applicant shall be requested to consent to an extension of time until
such meeting. Failure of the applicant to consent in writing to such
extension of time shall constitute automatic denial of the application.
[Amended 8-27-1981 by Ord. No. 21-1981]
(7)
Prior to the return of the approved plat or site plan
to the applicant, the applicant shall submit sufficient copies to
the Secretary of the Planning Board in order to furnish a copy to
each of the following:
Building Inspector/Construction Official
| |
Township Clerk
| |
Township Engineer
| |
Township Tax Assessors
| |
Secretary of the Planning Board
| |
Board of Health
| |
Road and Water Department
| |
Environmental Commission
| |
County Planning Board
| |
Such other agency as may be directed by the
Planning Board
|
B.
Sketch plat. Prior to the subdivision or resubdivision of land within the Township of East Hanover, a sketch plat application shall be filed in accordance with § 95-34 and shall contain all data and information prescribed in § 95-36A.
(1)
The Planning Board shall classify the application as either a major subdivision or a minor subdivision. If classified as a major subdivision, no further Planning Board action on the application shall be required and the applicant shall follow the procedures in Subsections C and E of this section for preliminary and final plats. In classifying an application as a major subdivision, the Planning Board may make recommendations or establish conditions to be followed in the preliminary and final plats.
(2)
If the application is classified as a minor subdivision, the Planning Board shall approve or deny the application pursuant to Subsection A(3) hereof. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to §§ 95-37A and 95-38.
(3)
If the sketch plat is classified and approved as a minor subdivision, the Chairman and Secretary of the Planning Board shall affix their signatures and return the approved plat to the subdivider within one week following action by the Planning Board, following compliance by the applicant with Subsections A and B hereof.
(4)
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly
describing the approved minor subdivision, is filed by the developer
with the county recording officer, the Township Engineer and the Township
Tax Assessors. Any such plan or deed accepted for such filing shall
have been signed by the Chairman and Secretary of the Planning Board.
In reviewing the application for development for a proposed minor
subdivision, the Planning Board may be permitted by ordinance to accept
a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141
(N.J.S.A. 46:23-9.9 et seq.); provided that if the developer chooses
to file the minor subdivision as provided herein by plat rather than
deed, such plat shall conform to the provisions of said Act.
(5)
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted, shall not be changed for a period of two years after
the date of minor subdivision approval; provided that the approved
minor subdivision shall have been duly recorded as provided in this
section.
[Amended 8-27-1981 by Ord. No. 21-1981]
C.
Preliminary plat and preliminary site plan. Application for approval of a preliminary plat or a preliminary site plan following classification shall be filed in accordance with § 95-34 and shall contain all information prescribed in § 95-36B or D as the case may be.
(1)
If the Planning Board finds that the application is in compliance with this chapter and all other ordinances of the Township and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application, following the procedures in § 95-6. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application, which shall be proceeded upon as in the manner of and as if it were on the original application with the same time limitations and procedures.
(2)
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of the hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application. The
Planning Board shall, if the proposed application complies with this
chapter, together with any conditions imposed by the Board, grant
preliminary approval.
(3)
Preliminary approval shall, except as provided in Subsection C(4) of this section, 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; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 95-37B; 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 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 subdivision plat or site
plan, as the case may be.
(c)
That the applicant may apply for and the Planning
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.
(4)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection C(3)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Planning 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 Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning 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, such revised standards may govern.
D.
Installation of improvements; guaranty agreement.
(1)
Improvements for final subdivision approval. Prior to final subdivision approval, the applicant shall have installed all improvements set forth in § 95-37 and all improvements designated upon the applicant's preliminary approvals or, in lieu of the installation of improvements, the applicant may furnish, and the Township may accept, adequate performance guaranties in accordance with Subsection D(4) hereof to assure the installation and maintenance of all improvements not installed and approved.
(2)
Improvements for final site plan approval. Prior to final site plan approval, the applicant shall have installed any improvements as the Planning Board may determine are necessary prior to building construction; provided, however, that the Township may accept performance guaranties for the later installation of those improvements referred to in Subsection D(1) as well as for on-site improvements and landscaping as required in § 95-37B.
(3)
Off-tract improvements. Prior to the recording of final subdivision plats and prior to the filing of an application for final site plan approval, the applicant shall have installed or paid his pro rata share of the costs of any off-tract improvements necessitated by his development, as determined in accordance with the requirements of § 95-38.
[Amended 8-27-1981 by Ord. No. 21-1981]
(4)
Performance guaranty. Performance guaranty for the later installation of those improvements referred to in Subsection D(1) shall be in favor of the Township of East Hanover in an amount equal to 120% of the cost of such improvements. At least 10% of the performance guaranty shall be in the form of cash, certified check, irrevocable assignment of a savings account or certificate of deposit or an irrevocable letter of credit (sufficient in form and substance to the Township Attorney) made payable to the Township of East Hanover. The cost of the installation of improvements shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Construction Board of Appeals established under N.J.S.A. 52:27D-127.
[Amended 8-27-1981 by Ord. No. 21-1981; 4-18-1996 by Ord. No. 7-1996]
(5)
Time of guaranty. The performance guaranty shall run
for a term not to exceed 18 months from the date of final subdivision
approval or 12 months from the date of final site plan approval. With
the consent of the principal, the performance guaranty may be extended
by the governing body by resolution, after the recommendation by the
Planning Board by resolution, for an additional period not exceeding
18 months in the case of subdivision approval and 12 months in the
case of site plan approval.
[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No.
21-1981]
(6)
Reduction of performance guaranty. The governing body
may, in its discretion, upon application, in writing, by the developer
or subdivider pursuant to N.J.S.A. 40:55D-53, reduce the amount of
the performance guaranty upon certification, in writing, by the Township
Engineer that certain portions of the required improvements and conditions
of the governing body have been properly completed and upon posting
of proper guaranties and maintenance bonds, provided that the remaining
performance guaranty, maintenance bonds and deposit moneys are adequate
to ensure the completion of the remaining improvements.
[Amended 8-27-1981 by Ord. No. 21-1981]
(7)
Right to complete. 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.
(8)
Notification of completion. When all of the required
improvements have been completed, the obligor shall notify the governing
body, in writing, pursuant to N.J.S.A. 40:55D-53, by certified mail
addressed in care of the Township Clerk, of the completion of said
improvements and shall send a copy thereof to the Township Engineer.
Thereupon the Township 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.
[Amended 8-27-1981 by Ord. No. 21-1981]
(9)
Time for action. The governing body shall either approve,
partially approve or reject the improvements on the basis of the report
of the Township Engineer and shall notify the obligor, in writing,
by certified mail, of the contents of said report and the actions
of the governing body with relation thereto not later than 65 days
after receipt of the notice of 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, provided that 30% of the amount
of the performance guaranty posted may be retained to ensure completion
of all improvements. 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.
[Amended 5-15-1980 by Ord. No. 3-1980]
(10)
Rejection of improvements. If any portion of
the required improvements is rejected, the governing body may require
the obligor to complete and/or correct such improvements, and upon
completion and/or correction, the same procedure of notification as
set forth in this section shall be followed.
(11)
Inspection of improvements and construction.
All required improvements shall be installed under the supervision
of the Township Engineer. No construction work covering the required
improvements shall be commenced unless all requisite fees are paid
without the applicant's first notifying the Township Engineer that
said construction work is about to take place. Such notice shall be
given in writing to the Township Engineer at least one week before
the commencement of such work. No required improvements shall be covered
until inspected and approved by the Township Engineer.
(12)
Agreement. Prior to Planning Board approval
of a final subdivision application or final site plan application
and prior to any construction by the developer, there shall be executed
by the developer and the Township of East Hanover an agreement incorporating
all terms and conditions of approval imposed by the Planning Board
and the Township ordinances. This agreement shall be referred to as
a "developer's agreement." The developer's agreement shall be prepared
by the Attorney to the Planning Board. The Planning Board, by resolution
of approval for the developer's agreement, shall forward same to the
Township Committee for its execution. The Township Attorney shall
review the developer's agreement for sufficiency of form and substance
prior to execution by the proper Township official. If the developer's
agreement meets with the approval of the Township Attorney as to the
sufficiency of form and substance, the Township Attorney shall present
the developer's agreement to the proper Township official for execution
within 30 days of the date of the submission of said developer's agreement
to the Township Attorney simultaneously with the execution of the
developer's agreement, and the developer shall post the bond, cash
performance guaranty and deposits required under this chapter.
[Amended 8-27-1981 by Ord. No. 21-1981[5]]
(13)
Maintenance guaranty. In all developer's agreements
relating to subdivision approval, there shall be provisions for a
maintenance guaranty to be posted with the governing body for a period
not to exceed two years after final acceptance of the improvements
in an amount of 15% of the cost of the improvements. 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 municipality for such utilities or improvements.
The Township Engineer and the Planning Board shall review the maintenance
bond; it shall be reviewed by the Township Attorney as to form, sufficiency
and execution and approved by the governing body.
[Amended 8-27-1981 by Ord. No. 21-1981[6]]
(14)
Inspection fees. The developer's agreement referred to in Subsection D(12) above shall provide that the applicant shall deposit with the Township an inspection fee of 4%, to be paid to the Township Engineer for the inspection of any improvements and construction by the Township Engineer as set forth in the developer's agreement, which fee, if not paid, shall become a lien on any and all performance guaranties and shall also halt the final execution by the Township of the developer's agreement. This inspection fee deposit shall represent a reimbursement to the Township of East Hanover for the costs of inspections of the subdivision or site plan by its employees or agents.
[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No.
21-1981]
E.
Final plat and final site plan. Application for approval of a final plat or a final site plan shall be filed in accordance with § 95-34 and shall contain all the information prescribed in § 95-36C or E, as the case may be. Said application shall be filed within the period prescribed in § 95-34A and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
(1)
If the Planning Board finds that the application is in compliance with this chapter and all ordinances of the Township and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application, following the procedures in § 95-6. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application, which shall be proceeded upon as in the original application with the same time limitations and procedures.
(2)
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of the hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application. The
Planning Board shall, if the proposed application complies with this
chapter, together with any conditions imposed by the Board, grant
final approval.
(3)
Distribution. If final approval is granted, copies
of the plat or site plan shall be filed by the Secretary with the
following:
Township Engineer
| |
Building Inspector/Construction Official
| |
Tax Assessors
| |
Township Clerk
| |
County Planning Board, if required
| |
Secretary of the Planning Board
| |
Board of Health
| |
Department of Water and Roads
| |
Environmental Commission
| |
Such other copies as may be required by the
Planning Board
|
(4)
Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection C(3) hereof, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection E(5). If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection E(5), the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection C(3) hereof for the section granted final approval.
(5)
Recording of final plat.
(a)
Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period the final plat shall have been duly filed by the developer
with the county recording officer. The Planning Board may, for good
cause shown, extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat.
(b)
No final subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signatures of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until all improvements have been installed or until the developer has posted the guaranties required pursuant to Subsection D hereof. If the county recording officer records any plat without such approval, such recording shall be deemed null and void as provided by New Jersey statutes.
[Amended 8-17-1982 by Ord. No. 24-1982]
F.
Installation of improvements prior to issuance of
certificates of occupancy. Prior to the issuance of a certificate
of occupancy for any lot within a subdivision or site plan involving
residential or nonresidential structures within which improvements
are required to be installed pursuant to the terms and conditions
of preliminary or final subdivision approvals, including roads, infrastructure
and other improvements related to the right-of-way shall be installed
with exception of the final course of the pavement or other specific
improvements related to the certificate of occupancy which have been
deferred at the discretion of the Township Engineer. Certificates
of occupancy for lots within subdivisions and site plans are issued
at the discretion of the Township Construction Official based on review
of the requirements of the subdivision and/or site plan by the Township
Engineer.
[Added 12-1-1988 by Ord. No. 41R-1988; amended 3-7-1991 by Ord. No. 2-1991]
A.
Sketch plat. The sketch plat shall be drawn by a licensed
New Jersey professional engineer or land surveyor on a sheet 24 inches
by 36 inches and shall be based on Tax Map information or an accurate
survey at a scale of not more than 50 feet to the inch and shall show
or include the following information:
[Amended 8-27-1981 by Ord. No. 21-1981]
(1)
Location. The location of that portion which is to
be subdivided in relation to the entire tract.
(2)
Structures and wooded areas. All existing structures
with yard setbacks based on ground instrument survey shall be shown,
and all proposed building envelopes as designated by the setback requirements
of this chapter should be shown and wooded areas within the portion
to be subdivided and within 200 feet thereof.
(3)
Owners. The name and address of the record owner or
owners, the name and address of the developer and the names of all
adjoining property owners as disclosed by the most recent Township
tax records.
(4)
Identity. The tract name and the Tax Map sheet, block
and lot numbers of the property to be subdivided. Lot numbers of lots
to be created shall be supplied by the Tax Assessor.
(5)
Streets, etc. All existing or proposed streets, roads,
easements, public rights-of-way, streams, drainage ditches and natural
watercourses in and within 200 feet of the subdivision.
(6)
Lots. The original and proposed lot layout, lot dimensions
and total area of each lot and all applicable setbacks.
(7)
Topography. Existing contours based on United States
Coast and Geodetic Survey datum at two-foot intervals for slopes of
less than 10% and at five-foot intervals for slopes of greater than
10%, to determine the general slope and natural drainage of the land,
shall accompany the sketch plat of a major subdivision. The Planning
Board may also require submission of topographic data with the sketch
plat of a minor subdivision if physical conditions of the land are
likely to result in drainage problems or otherwise cause concern in
connection with the future development of the property.
(8)
Other data. The name and address of the person preparing
the map in a title block in conformance with N.J.A.C. 13:40-1 and
40-2, the scale and reference meridian.
[Amended 8-27-1981 by Ord. No. 21-1981]
(9)
Zone boundaries. Zone district boundaries, if any,
on or adjoining the property to be subdivided and identification of
zones.
(10)
Taxes. Certification from the Tax Collector
that no taxes or assessments for local improvements are due or delinquent.
(11)
Soil erosion and sediment control plan. A soil
erosion and sediment control plan for a minor subdivision, if required,
in accordance with N.J.S.A. 4:24-39 et seq. Said plan shall be submitted
to the Soil Conservation District in accordance with said statute,
and approval of the application shall be conditioned upon certification
of the soil erosion and sediment control plan by the district.
[Amended 8-27-1981 by Ord. No. 21-1981]
(12)
Septic systems. Location of existing septic
systems on any parcel of land within the confines of the application
shall be specifically designated and location of existing septic systems
on any adjoining lot within 20 feet of the existing or proposed lot
lines.
[Added 5-15-1980 by Ord. No. 3-1980;
amended 8-27-1981 by Ord. No. 21-1981]
(13)
Existing utilities. The availability of existing
utilities should be shown, if pertinent.
[Added 8-27-1981 by Ord. No. 21-1981]
(14)
If a wetland survey/letter of interpretation reveals the existence of wetlands or wetland transition areas, then the applicant shall place that area into a conservation easement pursuant to the provisions of Chapter 161 of the Code of the Township of East Hanover. Said easement shall be indicated on all plans submitted in support of the application. Alternatively, the applicant may modify the area with permission of the New Jersey Department of Environmental Protection, for example by way of a transition averaging plan. Such a modification shall be indicated on the plan in support of the application, with supporting documentation to be submitted to the Board.
[Added 9-8-2003 by Ord. No. 23-2003]
(15)
Stream Corridor Protection Zone, In addition to the wetland survey requirement, all applications for major or minor subdivisions or major site plan approval shall have a qualified professional perform a survey on the property so as to determine if any part of that property is within Zone One or Zone Two of the Stream Corridor Protection Zone, as defined in Chapter 131 of the Code of the Township of East Hanover. If any portion of the property is within the Stream Corridor Protection Zone, it shall be designated on the plans submitted in support of the application. Further, the proposed development shall allow only permitted uses within the area designated the Stream Corridor Protection Zone. The application shall not entail any prohibited uses in the Township's Stream Corridor Protection Zone on the property unless the applicant submits and has approved a stream corridor management plan pursuant to Chapter 131 of the Code of the Township of East Hanover.
[Added 9-8-2003 by Ord. No. 23-2003]
B.
Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of § 95-39, in strict accord with modern and accepted planning techniques and procedures, by a licensed New Jersey land surveyor and a professional engineer, not either alone, at a scale of not more than 50 feet to the inch, on a sheet 24 inches by 36 inches. The plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which preliminary approval may be granted and shall include:
[Amended 8-27-1981 by Ord. No. 21-1981]
(1)
Key map. A key map showing the entire subdivision
and its relation to the surrounding areas, at a scale of not more
than 400 feet to the inch.
(2)
Identify. The tract name; Tax Map sheet, block and
lot numbers; date; reference meridian; graphic scale; and the following
names and addresses, together with consent to file:
(a)
Name and address of subdivider.
(b)
Name, address, license number, seal and signature
of the person who prepared the map.
(c)
Name and address of the record owner, along
with certification that the applicant is the owner of the land or
his authorized agent or that the owner has given consent, giving names
and addresses of both.
(d)
The names of owners of all properties located
within 200 feet of the extreme limits of the property to be subdivided.
(e)
A title block in conformance with N.J.A.C. 13:40-1
and 40-2.
(3)
Taxes. Certification from the Tax Collector that no
taxes or assessments for local improvements are due or delinquent.
(4)
Acreage. The acreage of the tract to be subdivided
to the nearest tenth of an acre.
(5)
Lots. The lot layout, lot dimensions, the total area
of each lot in square feet.
(6)
Topography. The topography map shall include the area
of the entire property and an area within a one-hundred-foot radius
outside the property lines of the subject application. The topography
map shall show the final elevations proposed for the corners of each
building, the intersection of the setback lines and rear property
lines with the side line and the front and rear lot corners. The proposed
first floor and ground floor elevations must also be shown. All swales
must be indicated with appropriate widths and flow direction symbols
and spot elevations. Existing and proposed contours shall be shown
at five-foot vertical intervals for slopes averaging 10% or greater
and at two-foot vertical intervals for land of lesser slope to determine
the general slope and natural drainage of the land and the high and
low points. Datum of all elevations shall be that of the United States
Coast and Geodetic Survey.
(7)
Existing and proposed locations. The location of existing
and proposed property lines, streets, buildings, watercourses, railroads,
bridges, culverts, drainpipes and any natural features such as wooded
areas, large trees and rock formations.
(8)
Streets. Plans and profiles of all proposed streets
within the subdivision and profiles of existing or future continuing
streets a minimum distance of 200 feet beyond the subdivision boundaries,
with cross sections at fifty-foot intervals.
(9)
Sewers, drains, ditches, etc. Plans and profiles of
all proposed and existing water mains, gas, electricity, television,
sanitary sewers, with building laterals extending two feet beyond
the curbs, storm drains, drainage ditches and streams within the subdivision,
together with the location, sizes, elevations, grades and capacities
of any existing sanitary sewer, storm drain, drainage ditch or stream
to which the proposed facility shall be connected.
[Amended 8-27-1981 by Ord. No. 21-1981]
(10)
Individual sewage disposal system. When an individual
sewage disposal system is proposed, the plan for such system must
be approved by the appropriate local, county or state health agency.
When a public sewage system is not available, the developer shall
have percolation tests made in accordance with local requirements
and submit the results with the preliminary plat. Percolation tests
shall be made under the supervision of the Board of Health. The Township
will receive a fee of $10 per test hole, with a minimum of $25 in
each case.
(11)
Deed restrictions. A copy of any protective
covenants or deed restrictions applying to the land being subdivided.
(12)
Soil erosion and sediment control plan. A soil
erosion and sediment control plan, if required, in accordance with
N.J.S.A. 4:24-39 et seq. Said plan shall be submitted to the Soil
Conservation District in accordance with said statute, and approval
of the application shall be conditioned upon certification of the
soil erosion and sediment control plan by the district.
[Amended 8-27-1981 by Ord. No. 21-1981]
(13)
Drainage design data. Map showing the entire
drainage area and the drainage area contributing to each pertinent
drainage structure, along with drainage tabulation sheets showing
calculations for each drainage area and calculations used to determine
size of drainage pipes and channels proposed. Each drainage area shall
be marked for identification purposes.
(14)
Soil filling or removal. The amount of earth,
topsoil or other products in or upon the premises which will be moved
within the confines of the proposed subdivided premises and the amount
of such material which will be removed from the site. None of said
materials shall be removed except in accordance with the soil removal
permit issued under the provisions of the Soil Removal Ordinance of
the Township of East Hanover.[1]
(15)
Public utilities. The developer shall arrange
with the serving utility for the underground installation of the utility
distribution supply lines and service connections in accordance with
the provisions of the applicable standard terms and conditions incorporated
as part of its tariff as the same are now on file with the State Board
of Public Utility Commissioners. Applicant shall submit to the Planning
Board, prior to the granting of any final approval, a written statement
from each serving utility which shall evidence full compliance with
the provisions of this subsection, provided that lots in such subdivision
which abut existing streets where overhead television, electric and
telephone distribution supply lines have theretofore been installed
may continue said overhead service. Whenever the utility is not installed
in the public right-of-way, an appropriate utility easement of not
less than 15 feet in width shall be provided.
[Added 8-27-1981 by Ord. No. 21-1981]
(16)
If a wetland survey/letter of interpretation reveals the existence of wetlands or wetland transition areas, then the applicant shall place that area into a conservation easement pursuant to the provisions of Chapter 161 of the Code of the Township of East Hanover. Said easement shall be indicated on all plans submitted in support of the application. Alternatively, the applicant may modify the area with permission of the New Jersey Department of Environmental Protection, for example by way of a transition averaging plan. Such a modification shall be indicated on the plan in support of the application, with supporting documentation to be submitted to the Board.
[Added 9-8-2003 by Ord. No. 23-2003]
(17)
Stream Corridor Protection Zone, In addition to the wetland survey requirement, all applications for major or minor subdivisions or major site plan approval shall have a qualified professional perform a survey on the property so as to determine if any part of that property is within Zone One or Zone Two of the Stream Corridor Protection Zone, as defined in Chapter 131 of the Code of the Township of East Hanover. If any portion of the property is within the Stream Corridor Protection Zone, it shall be designated on the plans submitted in support of the application. Further, the proposed development shall allow only permitted uses within the area designated the Stream Corridor Protection Zone. The application shall not entail any prohibited uses in the Township's Stream Corridor Protection Zone on the property unless the applicant submits and has approved a stream corridor management plan pursuant to Chapter 131 of the Code of the Township of East Hanover.
[Added 9-8-2003 by Ord. No. 23-2003]
C.
Final plat. The final plat shall be drawn by a licensed
New Jersey land surveyor and professional engineer, not either alone,
on a tracing cloth or Mylar measuring 24 inches by 36 inches in size,
at a scale of not more than 50 feet to the inch. The final plat shall
show or be accompanied by the following:
[Amended 8-27-1981 by Ord. No. 21-1981]
(1)
Identity. Date, name and location of the subdivision,
name of owner, graphic scale and reference meridian.
(2)
Other contents. Tract boundary lines, right-of-way
lines of streets, street names, easements and other rights-of-way,
land to be reserved or dedicated to public use, all lot lines and
other site lines, with accurate dimensions, bearings or deflection
angles and radii, arcs and central angles of all curves.
(3)
Public use. The purpose of any easement or land reserved
or dedicated to public use shall be designated and the proposed use
of sites other than residential shall be noted.
(4)
Block and lot numbers. Tax Map block and lot numbers,
as supplied by the Tax Assessor, shall be shown.
(5)
Setback lines. Minimum building setback lines on all
lots and other sites.
(6)
Monuments. Location and description of all monuments.
(7)
Owners. The names of owners of adjoining property
and the names of adjoining subdivisions, if any, and the case and
filed map number.
[Amended 8-27-1981 by Ord. No. 21-1981]
(8)
Accuracy. Certification by the surveyor as to the
accuracy of details of plat.
[Amended 8-27-1981 by Ord. No. 21-1981]
(9)
Consent of owner. Certification that the applicant
is agent or owner of the land or that the owner has given consent
under an option agreement.
(10)
Approval. When approval of a plat is required
by an officer or body of the Township, county or state, approval shall
be certified on the plat.
(11)
Improvement construction plans. Improvement
construction plans shall be prepared on a sheet measuring a 24 inches
by 36 inches, at a scale of not less than 50 feet to the inch and
drawn by a licensed New Jersey professional engineer, showing proposed
construction, including plans, cross sections and profiles of streets,
storm and sanitary sewers, water mains and other utility layouts.
[Amended 8-27-1981 by Ord. No. 21-1981]
(12)
Topography. Final contours of the land according to the requirements of Subsection B(6) hereof.
(13)
Taxes. A written certification from the Tax
Collector that no taxes or assessments for local improvements are
due or delinquent.
(14)
Lot grading plans. The lot grading plan shown
on the topographic map prepared for the preliminary plat shall be
revised to suit the final map and improvement construction plans and
shall be submitted as a separate lot grading plan. Following final
approval, applicant shall make application for building permits pursuant
to Township ordinances and in conformity with the requirements of
the Uniform Construction Code.[2] The building permit application shall include a preliminary
location survey which shall contain, in addition to other requirements
of the Construction Official or Township Engineer and not by way of
limitation, the location of the proposed foundation, proposed elevations
of finished basement floor and first floor and proposed final lot
grading elevations in accordance with the final subdivision approval.
Subsequent to the issuance of the building permit and at the time
of the foundation inspection, the applicant shall submit a location
survey containing the location of the constructed foundation and the
proposed and existing final grading elevations for said lot. Applicant
may submit the final location survey containing proposed final grades
which differ from the grades proposed on the preliminary location
survey, provided the altered grades shall not adversely affect the
grading of the contiguous lots and the overall grading plan for the
subdivision, and provided further that said final location survey
shall be subject to the approval of the Township Engineer. In the
event the Township Engineer disapproves the final grading plan, the
developer shall amend the plan accordingly in order to receive approval
from the Township Engineer. Once the final location survey as presented
or amended has been approved by the Township Engineer, the final grades
noted thereon shall be binding upon the applicant and no certificate
of occupancy shall be issued unless and until the approved final grades
are met. After approval of the final location survey and before commencing
further construction, the applicant shall grade the lot at each of
its corners and along the side lines at the point of the building
setback line to within six inches plus or minus of the final grades
contained on the approved final location survey and shall submit an
Engineer's certification that said grading has been completed as required.
Applicant, however, shall not be required at that time to backfill
the foundation. At such time as the dwelling shall be completed and
the applicant shall apply for a certificate of occupancy, all lot
improvements required shall be completed, as set forth above, including
the final lot grading, which shall conform exactly to the final grade
elevations on the approved final location survey. Applicant shall
submit an Engineer's certification that said grading has been completed
as required.
[Amended 8-27-1981 by Ord. No. 21-1981]
(15)
Topsoil protection. No topsoil shall be removed
from the site or used as spoil except if permitted by the soil removal
permit. Topsoil moved during the course of construction shall be redistributed
so as to provide at least six inches of cover to all areas of the
subdivision and shall be stabilized by seeding or planting.
D.
Preliminary site plan. The preliminary site plan shall
be drawn at a scale of not more than 50 feet to the inch and shall
include such details as may be necessary to properly evaluate the
application and determine compliance with this chapter. Any site plan
involving any new building or addition thereto or any site improvements
shall be drawn by a licensed New Jersey professional engineer or land
surveyor or architect. Where complicated or serious sanitary sewage
and/or stormwater runoff collection and disposal problems are involved,
then such site work plan must be prepared by a licensed professional
engineer having expertise in such matters. Where applicable to the
proposed use or construction, the following information shall be clearly
shown:
[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No.
21-1981; 12-14-1982 by Ord. No. 31-1982]
(1)
Key map drawn at a scale of not more than one inch
equals 100 feet showing the location of the property, all streets
and property lines within 500 feet of the affected property, and all
buildings or structures are within 300 feet of the building or structure
proposed by the applicant.
(2)
The name and address of the owner and site plan applicant
together with the names of the owners of all contiguous land and of
property directly across the street and within 200 feet of the property,
as shown by the most recent tax records of the Township.
(3)
North point, scale and the date on which the plan
was prepared, and the date of every revision.
(4)
Tax Map lot and block numbers of the property affected.
(5)
Zoning district in which the property is located.
(6)
Area of the lot and all lot line dimensions.
(7)
A table indicating zoning requirements and development
proposals.
(8)
Location of all existing buildings, culverts, storm
sewers, sanitary sewers, water, fire protection, electric and telephone
lines (both above and below ground) and poles, gas and underground
heating systems, pipelines and other manmade features, including fences
and walls.
(9)
Location of all existing streets and highways on or
adjacent to the property affected, including names, right-of-way width,
pavement width, curb or curb width.
(10)
Location of all existing easements and rights-of-way
and the purpose for which they have been established.
(11)
Location of existing high points, watercourses,
depressions, ponds, marshes, wooded areas, single trees not in wooded
areas with a diameter of 12 inches or more as measured three feet
above the base of the trunk and other significant existing features,
including previous flood elevations of watercourses, marsh and wetland
areas as determined by survey and by the State of New Jersey.
(12)
The existing and proposed contours on the site
and for 100 feet outside the property at two-foot intervals for areas
less than five-percent grade and ten-foot intervals above five-percent
grade. A reference bench mark should be clearly designated.
(13)
Elevations at the corners of all proposed buildings
and paved areas and at property corners if new buildings or paved
areas are proposed and at such locations designated by the Township
Engineer.
(14)
Tentative building floor plans and front, rear
and side building elevations, showing building materials. Said plans
shall be at a scale of not less than 1/8 inch equals one foot. Said
plans shall be drawn by a licensed architect when the building(s)
or addition(s) thereto exceeds 2,500 square feet in ground floor area.
(15)
The present status and contemplated use of all
existing buildings on the property.
(16)
Location of proposed buildings and structures
and all accessory structures, if any, including setback side lines
and rear yard distances.
(17)
All proposed streets with profiles indicating
grading; and cross sections showing width of roadway, location and
width of sidewalk.
(18)
Specifications for and location of proposed
surface paving and curbing.
(19)
The location, type and size of proposed culverts,
storm sewers, sanitary sewers, fire protection, electric and telephone
lines and poles, gas and underground heating systems, pipelines and
all other utilities both above and below ground including the connection
of such proposed facilities with existing facilities according to
the standard specifications of the Township.
(20)
Septic systems. Location of existing septic
systems on any parcel of land within the confines of the application
shall be specifically designated, and the location of existing septic
systems on any adjoining lot within 50 feet of the existing or proposed
lot lines.
(21)
The location of all off-street parking areas
and off-street loading facilities, showing the number, location and
dimensions of parking spaces, loading areas, curb stops, bumpers,
traffic aisles, traffic patterns, curb radii and type of pavement.
(22)
A landscaping and buffering plan showing what
will remain and what will be planted, indicating species of plants,
trees and dimensions, approximate time of planting and method of planting
(bare-rooted, ball and burlap) and maintenance plans, seeding schedule,
slope stabilization.
(23)
All fences, walls, sidewalks or similar features
to be provided.
(24)
The design and details of any retaining walls,
manholes, headwalls, retention basins, detention basins, etc.
(25)
Lighting details indicating the type and height
of light standards, locations, radius of light, type of light and
intensity in footcandles.
(26)
Proposed design and location of signs.
(27)
Soil analysis as deemed necessary by the Township
Engineer, including borings, test pits, groundwater information, samples
and analysis of engineering properties.
(28)
Aerial photographs and other photographs illustrating
site details.
(29)
A copy of any protective covenants or deed restrictions
applying to the land, if applicable.
(31)
Legends and signature blocks as appropriate.
(32)
The applicant shall submit to the approving
authority a proposed sequence of development with a projected time
schedule for completion of each of the several elements. Such projection
shall include, where applicable, the removal of structures, trees
and brush, temporary drainage considerations, utilities, road and
sidewalk improvements and provisions for the protection of topsoil.
(33)
Morris County Planning Board and other state
and county approvals as may be appropriate.
(34)
A soil erosion and sediment control plan, if
required, in accordance with N.J.S.A. 4:24-39 et seq. Said plan shall
be submitted to the Morris County Soil Conservation District in accordance
with said statute, and approval of the application shall be conditioned
upon certification of the soil erosion and sediment control plan by
the district.
(35)
A map showing the entire drainage area and the
drainage area contributing to each pertinent drainage structure, along
with drainage tabulation sheets showing calculations for each drainage
area. Each drainage area shall be marked for identification purposes.
(36)
Official seals and signatures of a licensed
professional engineer, land surveyor and architect.
(37)
Additional information. The approving authority may require other information and data for specific site plans. This data may include, but is not limited to, geologic information, water yields, flood data, environmental information, traffic counts, road capacities, market information, economic data and similar exhibits. This information shall be deemed to be required unless specifically determined to be unnecessary by the approving authority as provided in Subsection D(38) below.
(38)
If it can be demonstrated by the applicant that
because of peculiar conditions relating to the property or proposed
construction, any of the above details are not necessary or additional
data is necessary to properly evaluate the site plan, the approving
authority, by way of a specific written resolution, may modify or
waive any of the specific site plan details or require such additional
data, specifications and information.
(39)
An application shall be deemed incomplete, and
the review period shall not begin to run, until all the requirements
of this section are satisfied.
(40)
If a wetland survey/letter of interpretation reveals the existence of wetlands or wetland transition areas, then the applicant shall place that area into a conservation easement pursuant to the provisions of Chapter 161 of the Code of the Township of East Hanover. Said easement shall be indicated on all plans submitted in support of the application. Alternatively, the applicant may modify the area with permission of the New Jersey Department of Environmental Protection, for example by way of a transition averaging plan. Such a modification shall be indicated on the plan in support of the application, with supporting documentation to be submitted to the Board.
[Added 9-8-2003 by Ord. No. 23-2003]
(41)
Stream Corridor Protection Zone, In addition to the wetland survey requirement, all applications for major or minor subdivisions or major site plan approval shall have a qualified professional perform a survey on the property so as to determine if any part of that property is within Zone One or Zone Two of the Stream Corridor Protection Zone, as defined in Chapter 131 of the Code of the Township of East Hanover. If any portion of the property is within the Stream Corridor Protection Zone, it shall be designated on the plans submitted in support of the application. Further, the proposed development shall allow only permitted uses within the area designated the Stream Corridor Protection Zone. The application shall not entail any prohibited uses in the Township's Stream Corridor Protection Zone on the property unless the applicant submits and has approved a stream corridor management plan pursuant to Chapter 131 of the Code of the Township of East Hanover.
[Added 9-8-2003 by Ord. No. 23-2003]
(42)
A plan illustrating the storage location of a six-inch snow
event, commonly referred to as a "snow storage plan."
[Added 12-7-2020 by Ord.
No. 10-2020]
E.
Final site plan. The final site plan shall be drawn by a licensed New Jersey professional engineer or land surveyor or architect in the same manner as the preliminary site plan and shall clearly show all details prescribed in Subsection D hereof. In addition, the final site plan shall show or include the following:
[Amended 8-27-1981 by Ord. No. 21-1981]
(1)
Final contours of the property and for 100 feet outside
the property at two-foot intervals when new buildings or parking areas
are proposed. If only a portion of the property is being developed,
contours need only be shown for said portion and 100 feet beyond.
(2)
Final elevations at the corners of all proposed buildings
and paved areas and at property corners if new buildings or paved
areas are proposed.
(3)
Final building floor plans and front, rear and side
building elevations, showing building materials.
(4)
Location and description of proposed signs and outdoor
lighting.
(5)
A detailed plan for proposed landscaping showing the
size, species and spacing of trees and plants and other landscaping
treatment of unpaved areas.
[Amended 5-15-1980 by Ord. No. 3-1980; 3-19-1981 by Ord. No.
3-1981; 8-27-1981 by Ord. No. 21-1981; 8-17-1982 by Ord. No.
24-1982]
Prior to final subdivision approval or final site plan approval, the applicant shall have installed all improvements or furnished performance guaranties as set forth in § 95-35D, where applicable, for the ultimate installation of the improvements described below as set forth in preliminary approvals.
A.
Required installations for subdivisions.
(1)
Streets. To be graded and constructed in accordance with the design standards and specifications in § 95-39A(2) of this chapter.
(2)
Curbs and sidewalks.
(a)
Curbs shall be constructed on both sides of the pavement in accordance with the design standards and specifications in § 95-39A(2)(s) of this chapter.
(b)
Sidewalks shall be constructed by the developer
along both sides of any street; provided, however, that, for any major
subdivision seeking preliminary approval which meets all of the zone
requirements and/or for any major subdivision for which final approval
has been obtained but sidewalks have not yet been installed, the Planning
Board may grant a waiver as to either side or both sides of the proposed
streets, unless said sidewalks are necessary to provide adequate access
to schools. If the sidewalks are within 1,000 feet of a school or
along a primary road designated as such by the governing body, a sidewalk
waiver request shall not be approved nor granted. In the event that
the Planning Board deems it appropriate to waive by resolution the
requirements for sidewalks on either or both sides of the proposed
streets, it shall require the developer to pay to the Township a sum
approximately equal to the cost of the sidewalks waived, to be used
by the Township either for the installation of sidewalks at a future
date or for beautification of the particular subdivision within what
shall be deemed an appropriate period. In the event that the Township
fails to use said funds within a period of seven years after they
are deposited with the Township, said funds shall be transferred to
the Township's general funds. Prior to the expiration of the aforesaid
seven-year time period, said funds shall be held in an appropriate
escrow account, entitled the name of the development in question,
and said funds shall be invested at the highest available rate of
interest, which investment income shall accrue to and be added to
said fund. If the chief financial officer shall deem it appropriate,
the chief financial officer of the Township may commingle said escrowed
funds with other funds of the Township in order to achieve the highest
rate of return. Annually, the chief financial officer shall prepare
and submit to the Township Committee an accounting as to each escrow
fund established under the terms of this ordinance with an investment
income earned on the escrowed funds credited to each escrow account.
[Amended 3-15-1984 by Ord. No. 4-1984]
(3)
Drainage facility. Provisions shall be made for culverts,
catch basins, stormwater drains, detention and retention basins and
other necessary drainage facilities. All such installations shall
be connected with an adequate approved system and shall be adequate
for all present and future development of the subdivision and surrounding
areas and subject to the specifications of the Township Engineer and
Planning Board.
(4)
Water mains. To be installed and approved in accordance
with the standards and specifications of the East Hanover Township
Water Engineer.
(5)
Sanitary sewer. Where a public sanitary sewer system is accessible, each lot within a subdivision shall be provided with sewage disposal facilities by the required extension of sewer mains and connection thereto. All such installations shall be made in accordance with construction standards of the Township and approved by the Township Engineer and the State Department of Environmental Protection. The public sanitary sewer is not considered accessible, and therefore no connections can be made for those areas so prohibited as set forth in § 95-46O.
(6)
Private disposal system. Where a public sanitary sewer
system is not accessible, the subdivider shall construct an individual
sewage disposal system for each lot or may be required to install
sewer lines and a private sanitary sewer disposal plant. All such
installations shall be subject to the approval of local and state
health agencies, the Township Engineer and the Township Sewer Department
and the East Hanover Township Board of Health.
(8)
Shade trees. The subdivider shall install shade trees
of the size, quality and variety approved by the Shade Tree Commission
of the Township of East Hanover. The shade trees shall be located
along the street line as directed by said Shade Tree Commission.
(9)
Street signs. To be of the same type and design as
the street signs currently in use and shall be installed in accordance
with applicable Township requirements and state statutes in such a
manner that the name of each intersecting street is clearly visible
to approaching traffic.
(10)
Fire hydrants, etc. Fire hydrants and fire alarm
boxes shall be installed at intervals as directed by the Water and
Fire Departments in accordance with the standards of the National
Board of Fire Underwriters or other applicable authority.
(11)
Streetlighting. Streetlights shall be installed
as directed by the Township Streetlights Committee and in accordance
with recommended practice of street and highway lighting of the Illuminating
Engineering Society, where it is required by the Planning Board, along
the streets within and abutting the subdivision. All fixtures or luminaries
which will be required in a subdivision shall be installed at the
same time, thereby constituting a single process of installation.
All wires necessary to serve the streetlighting system shall be placed
underground, and arrangements shall be made with the appropriate utility
for carrying out this provision. Construction and maintenance easements
shall be provided for such installations. The subdivider shall pay
the cost of operating said streetlights until such time as the said
lights which are installed shall be accepted by resolution of the
Township Committee as part of the acceptance of a public street of
the Township. At the time of final approval, the subdivider shall
deposit with the Township cash in an amount equal to twice the annual
billing rate, as determined by the appropriate utility which shall
provide streetlighting. The Township shall utilize said cash deposit
to pay the annual billings for such streetlighting in the subdivision
until the streets are accepted by resolution of the Township Committee,
at which time the Township will return to the subdivider the remaining
cash on deposit, if any.
(12)
Topsoil. No topsoil shall be removed from the
subdivision site or used as spoil or fill. In addition, topsoil removed
during the course of construction shall be redistributed in the subdivision
so as to provide equal distribution of cover to all areas of the subdivision
and shall be stabilized by seeding and planting. At least six inches
of topsoil shall be provided on all portions of lots not occupied
by buildings, driveways or walks.
(14)
Disposal of dead trees, etc. All stumps, litter,
rubbish, brush, weeds, dead and dying trees, rock, roots and debris
shall be removed or destroyed immediately upon the request of and
to the satisfaction of the Engineer. None of the same shall be buried
without written permission of the Planning Board upon recommendation
of the Township Engineer.
(15)
Other items. The Board may impose other conditions
where specific problems peculiar to any particular development exist
which are likely to be detrimental to the public safety and general
welfare of the Township, or may, for good cause for the same, change
or modify any of the foregoing.
B.
Required installations for site plans.
(1)
Pavement. All parking and loading areas shall be paved in accordance with the design standards and specifications in § 95-39B(14) of this chapter.
[Amended 8-27-1981 by Ord. No. 21-1981]
(2)
Drainage. All parking and loading areas shall be graded
and equipped with adequate drainage facilities as approved by the
Township Engineer.
(3)
Marking. All parking and loading spaces shall be appropriately
marked with painted lines.
(4)
Lighting. Adequate lighting of all parking and loading
areas shall be provided as required by the Planning Board.
(5)
Screening. All off-street parking and loading areas
shall be effectively screened on any side which adjoins or faces premises
situated in any residential zone, by a fence, wall or screening not
less than four nor more than eight feet in height, maintained in good
condition; provided, however, that a screening or hedge or other natural
landscaping consisting of four-foot-high evergreen plants in two rows
five feet apart and with plants five feet apart in each row may be
substituted for the required fence or wall if approved by the Planning
Board. The screening as required by this subsection shall not be waived
by the Planning Board. Where parking is located in a front yard, the
Planning Board may require construction of landscaped berms up to
a height of five feet with slopes at a ratio of not less than 2:1.
[Amended 8-27-1981 by Ord. No. 21-1981; 3-20-1997 by Ord. No. 6-1997]
(6)
Curbing. Parking areas shall be enclosed by curbing in accordance with design standards and specifications in § 95-39B(17) of this chapter unless waived by the Planning Board when drainage runoff can be absorbed by surrounding soil without causing erosion or flooding to adjoining landowners, located at least five feet from any property line or nearest structural wall of a building, except that in the nonresidential zones, parking areas may be constructed up to the property line which abuts a parking area on property in the nonresidential zone, and further provided that proper access and circulation between the two parking areas is provided.
[Amended 8-27-1981 by Ord. No. 21-1981]
(7)
Sidewalks. Sidewalks shall be constructed within the
street right-of-way in accordance with Township specifications.
(8)
Landscaping. All portions of the property shall be
landscaped as follows, and said landscaping requirements shall not
be waived by the Planning Board:
[Amended 12-14-1982 by Ord. No. 31-1982; 3-20-1997 by Ord. No. 6-1997]
(a)
All portions of the property shall be attractively
landscaped, incorporating grass lawns, trees and shrubs.
(b)
Shade trees shall be installed within street
rights-of-way in accordance with requirements of the Shade Tree Commission.
(c)
All newly planted shade trees shall be of nursery
stock, be balled and burlapped, and be of a specific species approved
by the approving authority and/or the Shade Tree Commission.
(d)
Minimum size of plantings to be installed shall
be as follows:
[1]
Deciduous trees: 2 1/2 inches caliper.
[2]
Evergreen trees: five feet in height.
[3]
Shrubbery: two feet in height.
Plantings greater in height may be required
by the approving authority to achieve specific purposes of this chapter
or if required by other regulations or ordinances of the Township.
|
(e)
Each off-street parking area shall have a minimum
area equivalent to one parking space per every 10 parking spaces landscaped,
with 1/2 of said spaces having shrubs no higher than three feet and
the other half having trees with branches no lower than seven feet.
Such landscaped spaces shall be distributed throughout the parking
area in order to break the view of long rows of parked cars in a manner
not impairing visibility and shall not be construed as meeting the
requirements for buffers or screening as specified in this chapter.
(g)
Existing large trees shall be saved by not varying
the grade around the tree by more than six to 12 inches, by constructing
free wells and by erecting protective fences. Wherever possible, clumps
of trees shall be saved rather than individual trees unless an individual
tree is one of distinctive, rare, mature or unusual quality.
(9)
Other items. The Board may impose other conditions
where specific problems peculiar to any particular development exist
which are likely to be detrimental to the public safety and general
welfare of the Township, or may, for good cause for the same, change
or modify any of the foregoing.
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 or, with the consent of the Township, installed all
off-tract improvements stipulated by the Planning Board in the manner
provided below with respect to the immediate or ultimate installation
of any required off-tract improvements stipulated by the Planning
Board.
A.
Allocation of costs; criteria in determining allocation.
The allocation of costs for off-tract improvements as between the
applicant, other property owners and the Township, or any one or more
of the foregoing, shall be determined by the Planning Board, with
the assistance of the appropriate Township 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-site 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 P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). In addition, the following
criteria may also be considered, as well as any other reasonable criteria:
(1)
Street, curb, sidewalk, shade trees, streetlights,
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 Planning 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.
(2)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by a particular land use, considering:
(a)
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin.
(b)
The use of a particular site and the amount
of area to be covered by impervious surfaces on the site itself.
(c)
The use, condition or status of the remaining
area in the drainage basin.
(3)
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.
(4)
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 for treatment. In the event the applicant's property shall
be permitted to be connected to existing sewer facilities, the applicant
shall pay a charge or be assessed in accordance with law.
B.
Determination of cost of improvements. The cost of
installation of the required off-tract improvements shall be determined
by the Planning Board with the advice of the Township Engineer and
appropriate Township agencies.
C.
Manner of construction. When those estimates are received
and the work is not to be done exclusively by the applicant as specified
by the Planning Board, the Township Committee shall then decide whether
the off-tract improvement is to be constructed:
D.
Amount of contribution. When the manner of construction
has been determined, the applicant may be required to provide a cash
deposit to the Township of one of the following amounts:
(1)
If the improvement is to be constructed by the Township
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.
(2)
If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection D(1), the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
(3)
If the improvement is to be constructed by the applicant,
an amount equal to the estimated cost of the off-tract improvement
less an offset for benefits to properties other than the subject property.
E.
Payment of allocated cost.
(1)
The estimated costs of the off-tract improvement allocated
to the applicant, if deposited in cash, shall be paid by the applicant
to the Township Treasurer, 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 Township within
a period of 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.
(2)
In the event the payment by the applicant to the Township
Treasurer provided for herein is less than its share of the actual
cost of the off-tract improvements, then the applicant shall be required
to pay its additional appropriate share of the cost thereof.
(3)
In the event the payment by the applicant to the Township
Treasurer provided for above is more than its appropriate share of
the actual cost of installation of the off-tract improvements, it
or its successors or assigns shall be repaid an amount equal to the
difference between the deposit and its share of the actual cost.
(4)
If the applicant shall deem that any of the amounts
so estimated by the Planning Board are unreasonable, it may challenge
them and seek to have them reviewed in appropriate proceedings brought
to compel subdivision approval.
(5)
If the applicant and the Planning Board cannot agree
with respect to the applicant's appropriate share of the actual cost
of the off-tract improvement or the determination made by the officer
or board charged with the duty of making assessments as to special
benefits, if the off-tract improvement is to be constructed as a local
improvement, no approval shall be granted; provided, however, that
the applicant may challenge such determination and seek to have it
revised in appropriate judicial proceedings in order to compel subdivision
or site plan approval.
F.
Assessment of properties. Upon receipt from the applicant
of its allocated share of the costs of the off-tract improvements,
the Township may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-tract improvements
based upon the actual cost thereof. Any portion of the cost of the
improvements not defrayed by a deposit by the applicant may be assessed
against benefiting property owners by the Township. Any assessments
for benefits conferred made against the applicant or his successors
in interest shall be first offset by a pro rata share credit of the
allocated costs previously deposited with the Township Treasurer pertaining
thereto. The applicant or his successors in interest shall not be
liable for any part of an assessment for such improvements unless
the assessment exceeds the pro rata share credit for the deposit,
and then only to the extent of the deficiency.
G.
Credit for work performed. In the event the applicant,
with the Township's consent, decides to install and construct the
off-tract improvement or any portion thereof, the certified cost shall
be treated as a credit against any future assessment for that particular
off-tract improvement or portion thereof constructed by the Township
in the same manner as if the subdivider had deposited its apportioned
cost with the Township Treasurer as provided herein.
H.
Installation of improvements by applicant.
(1)
At the discretion and option of the Township and with
the consent of the applicant, the Township may enter into a contract
with the applicant providing for the installation and construction
of the off-tract improvements by the applicant upon contribution by
the Township of the remaining unallocated portion of the cost of the
off-tract improvement.
(2)
In the event the Township so elects to contribute
to the cost and expense of installation of the off-site improvements
by the applicant, the portion contributed by the Township shall be
subject to possible certification and assessment as a local improvement
against benefiting property owners in the manner provided by law,
if applicable.
I.
Design standards. Should the applicant and the Township
enter into a contract for the construction and erection of the off-tract
improvements to be done by the applicant, it shall observe all requirements
and principles of this chapter and other Township ordinances in the
design of such improvements.
A.
Subdivisions.
(1)
General. The applicant shall observe the following
requirements and principles of land subdivision in the design of each
subdivision or portion thereof:
(a)
Development pattern. The subdivision plat shall
conform to design standards that will encourage good development patterns
within the Township.
(b)
Conformance to Master Plan and Official Map.
Where either or both an Official Map or Master Plan has been adopted,
the subdivision shall conform to the proposals and conditions shown
therein. The streets, drainage rights-of-way, school sites, public
parks and playgrounds shown on an officially adopted Master Plan or
Official Map shall be considered in the approval of subdivision plats.
(c)
Further conformance. Where no Master Plan or
Official Map exists, streets and drainage rights-of-way shall be shown
on the final plat in accordance with the applicable statutes of New
Jersey and shall be such as to lend themselves to the harmonious development
of the Township so that natural features, such as trees, brooks, hilltops
and natural topography, shall be preserved as much as possible.
(2)
Streets.
(a)
General. Streets shall be designed in accordance with the requirements of the Township of East Hanover and constructed in accordance with Subsection A(2)(f) hereof.
[Amended 8-27-1981 by Ord. No. 21-1981]
(b)
Arrangement. The arrangement of streets now
shown on the Master Plan or Official Map shall be such as to provide
for the appropriate extension of existing streets.
(c)
Minor streets. Minor streets shall be so designed
as to discourage through traffic.
(d)
Marginal access. Subdivisions abutting arterial
streets shall provide a marginal service road or reverse frontage
with a buffer strip for planting or some other means of separation
of through and local traffic as the Planning Board may determine appropriate.
(e)
Right-of-way width. The right-of-way width shall
be measured from lot line to lot line and shall not be less than 50
feet unless a greater width is shown on the Master Plan or Official
Map. The width of the right-of-way for any proposed industrial subdivision
and/or site plan shall be 60 feet from lot line to lot line unless
otherwise designated and approved by the Planning Board.
[Amended 5-15-1980 by Ord. No. 3-1980]
(f)
Pavement.
[1]
The pavement width of public streets shall be
measured from curb to curb and shall not be less than 30 feet unless
a greater width is shown on the Master Plan. The pavement width for
any proposed industrial subdivision or site plan shall be 40 feet
from curb to curb unless otherwise designated or approved by the Planning
Board.
[Amended 5-15-1980 by Ord. No. 3-1980]
[2]
Streets shall be paved with a surface cover
of fine aggregate bituminous concrete two inches thick after compaction,
on a bituminous concrete stabilized base course four inches thick
after compaction, construction on a stable subbase and approved by
the Township Engineer.
[Added 8-27-1981 by Ord. No. 21-1981]
(g)
Private street. Any private street hereafter
created for the purpose of providing access to lots or buildings shall
meet the following requirements:
[1]
Said street shall have a right-of-way of at
least 50 feet definable by bearings and dimensions incorporated in
the deed or deeds of the property or properties it serves.
[2]
The establishment of any such street shall include
provision for access to all properties it adjoins, and no such street
which would eliminate existing access to any property shall be created.
[3]
Provisions shall be made to ensure proper and
continuous maintenance by the owner or owners of any such street hereafter
created.
[4]
Included with the creation of any such street
shall be the granting to the Township of East Hanover and other public
agency or public utility company of any necessary utility easements.
[5]
Said street shall be improved with pavement,
curbs, sidewalks, drainage and other utility facilities as found necessary
by the Planning Board based upon anticipated type and volume of traffic,
stormwater conditions and other utility requirements. In determining
the necessary improvements, the Planning Board shall be guided by
the standards and requirements for public streets.
(h)
Reserve strips. 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 governing body under conditions approved by the Planning Board.
(i)
Existing streets. Subdivisions that adjoin or
include existing streets that do not conform to the 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 or
both sides of said road. If the subdivision is along one side only,
1/2 of the required extra width shall be dedicated.
(j)
Grades. Street grades shall not be less than
1/2 of 1% nor more than 6% for arterial or collector streets and 10%
on all other streets.
[Amended 8-27-1981 by Ord. No. 21-1981]
(k)
Intersections. Street intersections shall be
as nearly at right angles as is possible and in no case shall be less
than 60°. The block corners at intersections shall be rounded
at the curbline with a curve having a radius of not less than 25 feet.
(l)
Street jogs. Street jogs with center-line offsets
of less than 125 feet shall be prohibited.
(m)
Tangents. A tangent at least 100 feet long shall
be introduced between reverse curves.
(n)
Street line deflection. When connecting street
lines deflect from each other at any one point by more than 10°
and not more than 45°, they shall be connected by a curve with
a radius of not less than 100 feet for residential streets and 300
feet for arterial and collector streets.
[Amended 8-27-1981 by Ord. No. 21-1981]
(o)
Changes in grade. All changes in grade shall
be connected by vertical curves of sufficient radius to provide a
smooth transition and minimum sight distance of 200 feet measured
between two points each four feet six inches above the surface of
the pavement.
[Amended 8-27-1981 by Ord. No. 21-1981]
(p)
Dead-end streets (culs-de-sac). Dead-end streets
shall not be longer than 1,000 feet and shall provide a turnaround
at the end with a right-of-way radius of not less than 50 feet and
with a paved radius of 40 feet at the property line and tangent whenever
possible to the right side of the street. If a dead-end street is
of a temporary nature, a similar turnaround shall be provided and
provisions made for future extension of the street and reversion of
the right-of-way to the adjoining properties. In any proposed industrial
subdivision or site plan, the right-of-way radius of the turnaround
(cul-de-sac) shall be 60 feet, with a paved radius of 50 feet at the
property line and tangent whenever possible to the right side of the
street. Wherever a temporary or permanent turnaround is proposed on
any street, the front yard setback shall be measured from the right-of-way
lines of these turnarounds.
(q)
Street names. 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.
(r)
Construction. Construction of streets, curbs
and sidewalks shall be in conformance with Township ordinances and
regulations.
(s)
Curbs. Curbing shall consist of concrete or
granite block curbing six inches above the paved surface, when required.
[Added 8-27-1981 by Ord. No. 21-1981]
(t)
Sidewalk specifications. Concrete sidewalks
of a minimum width of four feet and a minimum depth or thickness of
four inches shall be constructed and approved by the Township Engineer.
[Added 8-27-1981 by Ord. No. 21-1981]
(3)
Blocks.
(a)
Length and width. Block lengths and width or
acreage within bounding roads shall be of such sizes and shapes as
to accommodate the size of lot required in the area by the Zoning
Article of this chapter and as consideration of topography and street
layout shall dictate and to provide for convenient access, circulation
control and safety of street traffic.
(b)
Crosswalks. In blocks over 1,000 feet long,
pedestrian crosswalks may be required in locations deemed necessary
by the Planning Board. Such walkways shall be 10 feet wide and be
straight from street to street.
(4)
Lots.
(a)
Dimensions. Lot dimensions and area shall be
not less than the requirements of the Zoning Article of this chapter.
(b)
Side lines. Insofar as is practical, side lot
lines shall be at right angles to straight streets and radial to curved
streets.
(c)
Frontage. Each lot must front upon an approved
street at least 50 feet in width.
(d)
Setbacks. Where extra width has been dedicated
for widening of existing streets, lots shall begin at such extra-width
line and all setbacks shall be measured from such line.
(e)
Suitability. 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 Planning Board may, after adequate investigation, withhold approval
of such lots.
(5)
Public use and service areas.
(a)
Easements. In large-scale development, easements
along rear property lines or elsewhere for utility installations may
be required. Such easements shall be at least 15 feet wide and located
in consultation with the companies or Township departments concerned.
(b)
Drainage easements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way at least 15 feet in
width conforming substantially with the lines of such watercourse,
and of such further width or construction, or both, as will be adequate
for the purpose.
(c)
Natural features. Natural features, such as
trees, brooks, hilltops and views, shall be preserved whenever possible
in designing any subdivision containing such features.
(6)
Stormwater drainage.
[Amended 8-27-1981 by Ord. No. 21-1981; 12-14-1982 by Ord. No. 31-1982]
(a)
General Requirements.
[1]
All streets shall be provided with manholes,
catch basins and pipes where the same may be necessary for proper
surface drainage. On-site facilities may be permitted. Additionally,
all work shall be in accordance with the established design standards
of the Township.
[2]
The system shall be adequate to carry off or
store the stormwater and natural drainage water which originates not
only within the lot or tract boundaries, but also that which originates
beyond the lot or tract boundaries. No stormwater runoff, natural
drainage water or water discharged from any source shall be so diverted
as to overload the existing drainage systems or create flooding or
the need for additional drainage structures on other private properties
or public lands without proper and approved provisions being made
for taking care of these conditions. Over-the-sidewalk, under-the-sidewalk
and/or through-the-curb drains for the purpose of disposing of sump
pump and/or roof leader runoff is prohibited. These facilities must
outlet into an adequate watercourse or drainage system as approved
by the Township Engineer. Specific findings shall be made by the Township
Engineer in this regard for review and adoption by the approving authority
as part of its written resolution (findings of facts).
[3]
Techniques for computing stormwater runoff shall
be as approved by the Township Engineer. The rational method of surface
water runoff computation may be used for storm sewers and open channels
with drainage basins up to 25 acres in area.
[4]
The coefficient of runoff should be based on
good engineering judgment and should take into account the ultimate
use of the total drainage area. The range of coefficients is listed
below:
Description of Area
|
Runoff Coefficient
| |
---|---|---|
Residential
|
0.50
| |
Other (industrial, commercial)
|
0.75 to 0.90 as per Township Engineer
|
[5]
Rainfall intensity should be based on rainfall
curves for northern New Jersey. The design storm frequency shall be
25 years, except that a one-hundred-year design storm frequency criteria
shall be used when specifically required by the approving authority
or the Township Engineer in individual cases and as mandated by other
governmental entities having jurisdiction. Minimum inlet time shall
be 10 minutes.
[6]
Manning's formula shall be used for design of
pipes and open channels where the coefficient of roughness (n) is:
Description
|
n
| |
---|---|---|
Reinforced concrete pipe
|
0.013
| |
Corrugated metal pipe
|
0.024
| |
Corrugated metal pipe, coated and 25% paved
|
0.022
| |
Corrugated metal pipe with smooth asphalt lining
|
0.013
| |
This formula may be modified, recalculated and
redesignated in the discretion of the Township Engineer.
|
[7]
Storm sewers, open channels, bridges and culverts,
unless otherwise directed by the Township Engineer, shall be designed
for minimum flow capacities as follows:
Type
|
Design Capacity
| |
---|---|---|
Drainage systems1
|
25 years
| |
Drainage structures2
|
100 years
| |
Open channels
|
As determined by Township Engineer
|
NOTES:
| |
---|---|
1The term "drainage
systems" refers to the composite of all drainage infrastructure improvements.
| |
2The term "drainage
structures" refers to particular drainage infrastructure improvement
such as bridges and culverts.
|
[8]
The materials used in the construction of storm
sewers, bridges and other drainage structures shall be in accordance
with the specifications of the Standard Specifications for Road and
Bridge Construction of the New Jersey State Highway Department, current
edition, and any supplements, addenda and modifications thereof unless
otherwise specified by the Township Engineer. Modifications or change
of these specifications may be requested by the applicant but may
be implemented only with the knowledge and written consent of the
Township Engineer.
[9]
Lots shall be graded to secure proper drainage
away from buildings and into streets, where possible. Additionally,
drainage shall be provided in a manner which will prevent the collection
of stormwater in pools or other unauthorized concentrations of flow
and, to the extent possible, and unless specifically approved in writing
by the adjacent property owner and incorporated into appropriate resolution
by the approving authority, water shall not flow across adjacent property
lines.
[10]
Approval for drainage structures shall be obtained
from the appropriate municipal, county, state and federal agencies
and offices. Each applicant shall make application to the State Division
of Water Policy and Supply of the Department of Environmental Protection,
the Morris County Engineering Department, the Township Engineer and,
if applicable, the United States Army Corps of Engineers. Letters
of approval from the appropriate governmental authorities shall be
furnished to the Township Engineer, with copies to the approving authority,
prior to the granting of final approval.
[11]
Where required by the Township and a lot or
tract is traversed by a watercourse, surface or underground drainageway
or drainage system, channel or stream, there shall be provided and
dedicated a drainage right-of-way easement to the Township conforming
substantially with the lines of such watercourse, and such further
width or construction or both as will be adequate to accommodate expected
stormwater runoff in the future, based upon reasonable growth potential
in the Township and, in any event, meeting any minimum widths and
locations shown on any adopted official map or Master Plan. Such easement
dedication shall be expressed on the plat as follows: "Drainage easement
granted for the purposes provided for and expressed in the Land Development
Ordinance of the Township."
[12]
Where appropriate, seepage pits may be required
in order to recharge acquifers.
(b)
Major developments.
[1]
Major developments include all residential,
governmental, commercial or industrial developments which add one
or more acres of impervious surface, and to all other developments
which pose a significant potential for pollution of surface or ground
waters.
[2]
The flood and erosion control standard for detention
will require that volumes and rates be controlled so that after development
the site will generate no greater peak runoff at the site than prior
to development, for either a two-year, ten-year, and one-hundred-year
storm considered individually. Such storms may be computed either
as a Type II twenty-four-hour storm under United States Soil Conservation
Service procedures, (United States Soil Conservation Service, Urban
Hydrology for Small Watersheds, Technical Release No. 55, January
1975) or as the estimated maximum rainfall for the estimated time
of concentration of runoff at the site. Tabulations of estimated maximum
rainfall are available from the New Jersey Department of Environmental
Protection and shall be the basis for calculation unless more reliable
localized data is available, which then shall be used accordingly.
[3]
The water quality requirement for detention
will require prolonged retention of a small-design storm which shall
be either a one-year-frequency Type II storm or a storm of 1 1/4
inches of rainfall in two hours. Provisions shall be made for it to
be retained and released so as to evacuate 90% in approximately 18
hours in the case of residential developments and 36 hours in the
case of other developments. This is usually accomplished by a small
outlet at the lowest level of detention storage, with a larger outlet
or outlets above the level sufficient to control the small design
storm. If the above requirement would result in a pipe smaller than
three inches in diameter, the period of retention shall be waived
so that three inches will be the minimum pipe size used. Where soils
have sufficient permeability, the production of zero runoff from the
site will be considered sufficient to meet the water quality requirement
for residential developments, provided that the groundwater does not
rise to within two feet of the bottom of the detention basin. For
other than residential developments, approvals will be on a case-by-case
basis after technical review by the Township Engineer. The object
of this review will be to avoid pollution of groundwater.
(c)
Floodplain development.
[1]
There will be no detention basins in the floodway.
[2]
Stormwater drainage analysis for development
located in floodplains is to determine the adequacy of proposed detention
measures during the one-hundred-year flood applying the one-hundred-year-design
storm to both the site and to the entire watershed contributing to
the floodplain, assuming that the two peak simultaneously. The time
of concentration assumed for the entire watershed should be that appropriate
to the larger area, rather than the shorter period applicable to the
site.
[3]
All development in the floodplain must be in
compliance with all applicable regulations under the Flood Hazard
Area Control Act, N.J.S.A. 58:16A-50 et seq.
[4]
In default of an analysis such as described
above, detention storage provided by construction of dikes or embankments
below the elevation of the one-hundred-year flood (either specifically
calculated or taken from an official floodplain delineation map) will
be credited as effective storage at a reduced proportion as indicated
in the table below:
TABLE 1: ALLOWABLE PROPORTION OF STORAGE TO
BE ASSUMED USABLE IN DETENTION BASINS BELOW THE LEVEL OF THE ONE-HUNDRED-YEAR
FLOOD, IN DRAINAGE BASINS OF VARIOUS SIZES
|
Drainage Basin Area at Site
| |||
---|---|---|---|
Elevation of storage provided below 100-year
flood level
|
Less than 5 Square Miles
(percent)
|
5-100 Square Miles
(percent)
|
Over 100 Square Miles
(percent)
|
Less than 2 feet
|
40
|
65
|
90
|
2-4 feet
|
25
|
50
|
75
|
Over 4 feet
|
10
|
25
|
50
|
[5]
This effective detention storage, plus other
supplementary measures, will be required to provide for stormwater
detention in accordance with established standards. However, the gross
storage considered for this evaluation will not exceed that which
would be filled by runoff of a one-hundred-year storm at the site.
[6]
In making computations under the method described
above, the volume of net fill added to the flood hazard area portion
of the project site will be subtracted from the capacity of effective
detention storage provided. Net fill is defined as the total amount
of fill created by the project less the amount of material excavated
during the construction of the project, both measured below the elevation
of the one-hundred-year flood but above the elevation of low water
in the stream.
(d)
Alternatives to detention basins.
[1]
In lieu of or in combination with detention
basins, basic requirements maybe satisfied by means of rooftop storage,
tanks, infiltration pits, dry wells or gravel layers underneath paving,
with appropriate consideration for length of life and feasibility
of continued maintenance. Vacuum street sweeping may be substituted
for the water quality requirement, in cases in which continuity of
the service can be assured, and where the pollution in question originates
on the pavement.
(e)
Maintenance and repair.
[1]
Applicant shall indicate responsibility for
long-term maintenance of detention basins or other stormwater facilities.
[2]
A schedule of maintenance inspections shall
be established.
[3]
Agreements shall be prepared providing, in the
case of privately owned and maintained drainage facilities, that in
the event maintenance or repair is neglected, the Township and/or
County of Morris has the authority to perform necessary work and charge
the property owner accordingly.
B.
Site plans.
[Amended 8-27-1981 by Ord. No. 21-1981; 12-14-1982 by Ord. No. 31-1982]
(1)
Site plan design principles shall be in accord with subdivision design standards, § 95-39A, as appropriate.
(3)
Adequate provision shall be made for off-street parking
in accordance with this chapter, and adequate traffic circulation,
traffic safety and protection to adjoining property shall be provided.
(5)
The location, design and construction of any building
shall not create undue risks of traffic congestion, public safety
or other hazards.
(6)
The design or construction of any building or use
shall not be so markedly incongruous with the character of the neighborhood
as to materially affect the value of adjacent or nearby property.
(7)
Lighting.
[Amended 11-4-2015 by Ord. No. 12-2015]
(a)
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial, public, office, industrial, apartment
or other similar uses having common off-street parking and/or loading
areas and building complexes requiring area lighting shall be adequately
illuminated for security and safety purposes. The lighting plan in
and around the parking areas shall provide for nonglare, color-corrected
lights focused downward.
(b)
Stairways and sloping or rising paths, building entrances and
exits shall be illuminated.
(c)
The maximum height of freestanding lights shall be no more than
25 feet or the height of the building, whichever is less, measured
from the ground level to the center line of the light source, spaced
a distance not to exceed five times the mounting height. However,
freestanding lights within 100 feet of a residential use shall be
no more than 15 feet tall.
(d)
Any other outdoor lighting, such as building and sidewalk illumination,
driveways with no adjacent parking, the lighting of signs and ornamental
lighting, shall be shown on the lighting plan in sufficient detail
to allow determination of the effects to adjacent properties, traffic
safety and overhead sky glow. The objective of these specifications
is to minimize undesirable off-premises effects.
(e)
Where lights along property lines would be visible to adjacent
residents, the lights shall be appropriately shielded. Such shielding
may include berming, landscape material and/or decorative fencing.
Site lighting, other than that needed for security purposes, shall
be set on a timer system that shuts off all but security lighting
of the site by 11:00 p.m.
(f)
The following intensity in footcandles shall be provided:
[Amended 12-11-2017 by Ord. No. 17-2017]
[1]
Parking lots: a minimum average of 0.5 footcandle throughout.
[2]
Intersections : minimum 3.0 footcandles.
[3]
Maximum at property lines: 1.0 footcandle where nonresidential uses
abut and 0.5 footcandle where nonresidential uses abut residential
uses. The maximum footcandles at the property line shall exclude driveways
and intersections.
[4]
In residential zones: a minimum average of 0.5 footcandle, with a
maximum average of 1.0 footcandle.
(8)
All parking areas shall provide for adequate ingress
and egress and safe and convenient traffic circulation. Access drives
and aisles shall be of sufficient width to permit safe access to parking
spaces and safe traffic movement.
(9)
Off-street parking areas shall be used solely for
the parking of passenger automobiles and no commercial repair work
or service of any kind shall be conducted on the parking lot, nor
shall such lots be used for the parking of disabled, dismantled, inoperable
or unregistered vehicles.
(10)
No signs other than "entrance," "exit" or "conditions
of use" signs shall be maintained.
(11)
Service aisles; distance between parking spaces.
(a)
All parking areas shall be designed with service
aisles to meet the following standards:
Type of Parking
|
Width of Aisle
(feet)
| |
---|---|---|
Parallel
|
12
| |
30-degree angle
|
11
| |
45-degree angle
|
12
| |
60-degree angle
|
18
| |
90-degree angle
|
24
|
(b)
In addition, there shall be a minimum distance
between parallel parking spaces of six feet when found necessary to
provide for convenient access.
(12)
All off-street parking and loading areas, except for parking which is accessory to one- and two-family dwellings, shall meet the location requirements prescribed in Article VII, Zoning, of this chapter.
(13)
All grades within parking lots shall be at least
1% and shall not exceed 10% and shall be adequately drained, subject
to the approval of the Township Engineer. All grades in lawn areas
shall be at least 2%.
(15)
The applicant shall obtain necessary approvals
of any state, county or municipal agencies.
(16)
The approving authority shall give consideration
to such other elements or aspects of the site plan or proposed use
as may relate to the design of the plan, the general environment of
the area or the health, safety and general welfare of the public.
(17)
Sidewalks, curbing and/or wheel stops shall
be installed whenever required by the approving authority. Curbing
shall consist of concrete or granite block curbing six inches above
the paved surface, when required.
(18)
In general, parking spaces shall be 10 feet
wide by 20 feet long and shall be clearly marked with painted lines.
In major developments where the parking requirements will be long-term
in duration, such as corporate office facilities, office parks, etc.,
parking stalls may be reduced in width to nine feet and in length
to 19 feet.
(19)
For purposes of this article, parking garages
are permitted, but the area within the garage(s) shall be exclusive
of the permitted floor area ratio requirement.[3]
[3]
Editor's Note: Former Subsection B(19), regarding
requirements for smaller car parking spaces, was repealed 8-13-2007
by Ord. No. 17-2007. This ordinance also provided for the redesignation
of former Subsection B(20) as Subsection B(19).
C.
Route 10 corridor. It is the Township's intention
to provide alternatives to the strip development pattern currently
found along the Route 10 corridor and to upgrade the corridor from
an economic, aesthetic and functional perspective. The following standards
are to be applied to all development and redevelopment proposals located
in the three Highway Business Districts delineated in the 2005 Land
Use Element of the Township Master Plan. Each application for development
or redevelopment shall provide a concise written report documenting
how each standard is addressed.
[Added 7-10-2006 by Ord. No. 11-2006]
(1)
General.
(a)
Encourage development and redevelopment that
emphasizes quality architecture, shared access and parking, transit-friendly
facilities, pedestrian circulation, appropriate intensification of
buildings and extensive landscaping, especially in parking areas.
(b)
Discourage commercial development with blank
or windowless walls, oversized parking areas, light pollution, multiple
and uncontrolled access points.
(c)
Provide a healthy balance of land uses, and
retrofit single-use commercial into accessible, compact, well-designed
mixed use centers with linkages to the surrounding community.
(2)
Design.
(a)
Establish the architecture, pedestrian space
and green spaces as the focal point of development as opposed to parking
lots and signs, and create a sense of place by providing amenities
such as parks, recreational opportunities, entertainment and cultural
activities.
(b)
Plazas, courtyards and green areas are to be
considered an integral component of all development in the corridor
and should be designed to provide a lively human scale environment
for residents, customers and employees. These features should also
be designed to protect environmentally sensitive features, and provide
appropriate visual and noise buffers, especially between residential
and nonresidential areas.
(c)
Buildings should be designed to provide architectural
interest and to avoid a monolithic box-like appearance. Pitched roofs
and architectural embellishments such as dormers are encouraged. Flat
roofs should include appropriate ornamentation such as cornices or
parapets. Windows should be provided in all building facades to avoid
monotonous blank walls. The front of each building should be oriented
toward a sidewalk, courtyard or street. Sidewalks should extend from
the building facade to the curb for the purpose of facilitating pedestrian
movement and creating opportunities for outdoor eating and shopping
areas, and providing space for bus waiting areas or shelters, street
furniture, etc.
(d)
Ground floor commercial facades should have
large, clear storefront glass areas to display the nature of the business
and to produce an interesting streetscape. A shop front should be
separated from the roofline or a second floor by a horizontal architectural
element such as a sash, cornice, frieze or molding. The design of
awnings or canopies should be architecturally compatible with the
style, materials, colors and details of buildings and should not conceal
significant architectural features such as cornices, columns, pilasters
or other trim details.
(e)
Freestanding signs should be consolidated at
strategic locations, complement the architectural style of the development,
avoid a cluttered appearance and be limited to the name and logo of
a project or center. Tenant directory signs should be located away
from the right-of-way. Facade signs should complement and not interfere
with or be out of proportion with or cover over a building's architectural
details,
(f)
Appropriate landscaped areas should be provided
along the highway edge that include provisions for walkways, bike
paths, plantings and shade trees.
(3)
Transportation and access.
(a)
Use interconnected internal road systems to
provide opportunities for parallel movement along the corridor; and
channel vehicular access to well-defined access points such as signalized
intersections and service roads.
(b)
Provide opportunities for residents, shoppers
and employees to access mass transit through the incorporation of
design features that accommodate bus and shuttle service such as shelters,
street furniture and pull-off lanes within reasonable proximity to
major uses and destinations.
(c)
Provide workable and attractive pedestrian and
bicycle circulation systems within each development and linkages to
surrounding developments and neighborhoods.
(4)
Parking.
(a)
Locate parking lots behind or next to buildings,
so that the buildings can be closer to the roadway, be more visible
and be more accessible to pedestrians.
(b)
Reduce the number of curb cuts along the corridor
and the need for excessive parking through the use of shared and connected
parking facilities.
(c)
Surface parking lots should be extensively landscaped
to provide visual relief from large expanses of parking, to guide
circulation and to minimize impervious coverage.
(d)
Structured parking shall be designed to provide
architectural interest and ameliorate the appearance of large concrete
facades. Whenever possible, parking structures should be integrated
into the principal structure in such a way as to be indistinguishable
from surrounding buildings.
[Added 12-14-1982 by Ord. No. 31-1982]
A.
General provisions. The impact on the environment
generated by land development projects necessitates a comprehensive
analysis of the variety of problems that may result and the actions
that can be taken to minimize those problems. It is further recognized
that the level of detail required for various types of applications
will vary depending on the size of the proposal, the nature of the
site and the location of the project. Therefore, having determined
that some flexibility is needed in preparing the environmental impact
statement, the requirements for such a document are listed as follows:
(1)
All agricultural operations conducted in accordance
with a plan approved by the Soil Conservation District and all silvaculture
operations conducted in accordance with a plan prepared by a professional
forester are specifically exempt from the environmental impact statement
requirements.
(2)
It is strongly advised that a preapplication
conference be held with the approving authority and the East Hanover
Environmental Commission to determine the level of detail required
in the environmental impact statement.
(3)
In preparing an environmental impact statement,
the applicant shall retain one or more competent professionals to
perform the necessary work. All applicable material on file in the
Township pertinent to local conditions shall be consulted. Any additional
material pertinent to evaluation of potential regional impacts shall
also be considered. Furthermore, as much original research as is necessary
shall be conducted to develop a comprehensive environmental impact
statement.
(4)
The environmental impact statement shall consist
of written and graphic materials which will clearly present the information
that is required.
B.
General application requirements.
(1)
All minor subdivision applications, preliminary
and final site plan applications consisting of less than 10 acres
and conditional use applications, consisting of less than 10 acres,
may be required to be accompanied by an environmental impact statement.
The information required shall be presented in a concise descriptive
report. The descriptive report shall be supplemented with additional
graphic and explanatory material when environmentally sensitive areas
are involved. Environmentally sensitive areas include but are not
limited to stream corridors and floodplains, streams and water bodies,
wetlands, slopes greater than 20%, highly acid or erodible soils,
mature stands of native vegetation, aquifer recharge areas, aquifer
discharge areas and unique natural features and habitats.
(2)
All preliminary and final major subdivision
applications, preliminary and final site plan applications, consisting
of 10 acres or more, and conditional use applications, consisting
of 10 acres or more, may be required to be accompanied by an environmental
impact statement. The information required shall be presented in a
detailed descriptive report which shall include written, graphic or
other explanatory material. Certain requirements may be waived by
the approving authority if the applicant can prove conclusively that
specific requirements are unwarranted.
(3)
Any variance application not involving a site
plan, subdivision or conditional use application may be required,
at the discretion of the Board of Adjustment, to be accompanied by
an environmental impact statement. The information required shall
be determined by the Zoning Board of Adjustment.
C.
When an environmental impact statement is required,
the following format shall be utilized and the information requested
shall be provided:
(1)
Project description. Indicate the purpose and
scope of the proposed project. Enumerate the benefits to the public
which will result from the proposed project and describe the suitability
of the site for the intended use. A description of the proposed project
shall be presented to indicate the extent to which the site must be
altered, the kinds of facilities to be constructed, how they are to
be considered and the uses intended. The resident population, working
population and visitor population shall be estimated. The compatibility
or incompatibility of the proposed project shall be described in relation
to the following:
(2)
Site description and inventory. Provide a description
of environmental conditions on the site, which shall include but not
be limited to the following items:
(a)
Types of soil. List and describe each soil type
located on the site. If applicable, provide percolation data. Where
the proposed area of land disturbance will involve soils with moderate
or severe limitations, as per the Soil Survey of Morris County - Soil
Conservation Service, relative to the type of project proposed, a
complete mapping of all soil types on the site shall be required indicating
where those moderate and severe limitations exist.
(b)
Topography. Describe the topographic conditions
of the site.
(c)
Geology. Describe the geologic formations and
features associated with the site as well as depth to bedrock conditions.
Delineate those areas where bedrock is in close proximity to the surface
(within two feet of the surface) as well as major rock outcroppings.
(d)
Vegetation. Describe the existing vegetation
on the site. When required, prepare a map showing the location of
major vegetation groupings, such as woodland, open field and wetland.
Where woodlands are delineated, indicate the forest type.
(e)
Wildlife. Identify unique habitats. Where applicable,
other data assembled regarding wildlife activity on the site shall
also be mapped and/or described.
(f)
Surface water. Describe existing watercourses
and water bodies that are partially or totally on the site and their
relationship to the area of disturbance. Calculate existing surface
runoff from the site. When the natural drainage pattern will be significantly
altered or sewage effluent is to be added to a watercourse or body,
an analysis shall be conducted which will investigate flow, depth,
capacity and water quality of the receiving waters. When required,
floodplain areas will be mapped in consultation with the Department
of Environmental Protection, and, as appropriate, all floodplain lines
affecting the project should be verified. Existing structures shall
be mapped and the capacity of drainage network shall be determined.
Floodplain analysis will also take into account upstream drainage
area, floodwater storage areas and backwater requirements.
(g)
Subsurface water. Describe the subsurface water
conditions on the site, in terms of depth to groundwater, water tables
elevations, and of water supply capabilities of the site. Where existing
conditions warrant, provide detailed information regarding existing
wells within 500 feet of the site relative to depth, capacity capabilities
of the adjacent areas and the recharge capabilities of the site.
(h)
Unique, scenic and/or historic features. Describe
and map those portions of the site that can be considered to have
unique, scenic and/or historic qualities.
(i)
Existing development features. Describe any
existing features on the site that are not considered to be part of
the natural environment. This may include, but not necessarily be
limited to, roads, housing units, accessory structures, utility lines,
etc.
(j)
Miscellaneous. When warranted, an analysis shall
be conducted of existing air quality and noise levels as prescribed
by the New Jersey Department of Environmental Protection.
(3)
Area and regional description. Provide a description
of the surrounding environs. Describe the existing land use pattern.
When required, describe in detail the existing infrastructure with
respect to the drainage and transportation network as well as any
central sewage and water supply facilities. Include an appropriate
regional analysis relative to the proposed project.
(4)
Environmental performance controls. Describe
in detail what measures will be employed during the planning, construction
and operation phases which will minimize or eliminate negative impacts
on- and off-site that could result from the proposed project. Of specific
interest are:
(a)
Drainage plans, which shall include but not
be limited to soil erosion and sedimentation controls. Every effort
should be made to limit off-site surface runoff to predevelopment
levels.
(b)
Sewage disposal techniques.
(c)
Water supply and water conservation proposals.
(d)
Site design techniques sensitive to the natural
environment, which should include innovative landscape, building and
circulation design.
(e)
Energy conservation measures.
(f)
Noise reduction techniques.
(g)
Miscellaneous on-site and off-site public improvements.
(5)
Impact. Discuss both the negative and positive
on-tract and off-tract impacts. Indicate those negative impacts that
are unavoidable. The specific concerns that shall be considered include,
but are not limited to, the following:
(a)
Soil erosion and sedimentation resulting from
surface runoff.
(b)
Flooding and floodplain disruption.
(c)
Degradation of surface water quality.
(d)
Groundwater pollution.
(e)
Reduction of groundwater capabilities.
(f)
Sewage disposal.
(g)
Solid waste disposal.
(h)
Vegetation destruction.
(i)
Disruption of wildlife habitats.
(j)
Destruction of scenic and historic features.
(k)
Air quality degradation.
(l)
Noise levels.
(m)
Energy utilization.
(n)
Neighborhood deterioration.
(o)
Effect on public services, i.e., schools, fire,
police, etc.
(p)
Traffic congestion.
(q)
Health, safety and welfare of existing residents.
(r)
Regional development policies.
(6)
Alternatives. Discuss what alternatives were
considered both in terms of site design and project location. Indicate
why an alternative was rejected if it would have resulted in less
of a negative impact than the subject proposal.
(7)
Licenses, permits and other approvals required
by law. The applicant shall list all known licenses, permits and other
forms of approval required by law for the construction and operation
of the proposed project. This list shall include, but will not be
limited to, approvals required by the Township, as well as agencies
of the county, state and federal governments. Where approvals have
been granted, copies of said approvals shall be attached. Where approvals
are pending, a note shall be made to that effect.
(8)
Documentation. All publications, file reports,
manuscripts or other written sources of information related to the
project, the project site and the Township which were consulted and
employed in compilation of the environmental impact statement shall
be listed. A list of all agencies and individuals from whom pertinent
information was obtained orally or by letter shall be listed separately.
Dates and locations of all meetings shall be specified.
D.
Disposition. The approving authority shall not approve
any submission unless it determines and finds that the proposed development:
[Added 12-14-1982 by Ord. No. 31-1982]
An application for a permit shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure. In reviewing
any site plan, the approving authority shall consider the following:
A.
Traffic. Pedestrian and vehicular traffic movement
within and adjacent to the site, with particular emphasis on the provision
and layout of parking areas, off-street loading and unloading and
movement of people, foods and vehicles from access roads within the
site, between buildings and between buildings and vehicles, should
be carefully reviewed. The approving authority shall ensure that all
parking spaces are usable and are safe and conveniently arranged.
Access to the site from adjacent roads shall be designed so as to
interfere as little as possible with traffic flow on these roads and
to permit vehicles a rapid and safe ingress and egress to the site.
B.
Design and layout. The design and layout of buildings
and parking areas shall be reviewed so as to provide an aesthetically
pleasing design and efficient arrangement. Particular attention shall
be given to safety and fire protection, impact on surrounding development
and contiguous and adjacent buildings and lands.
C.
Lighting. Adequate lighting shall be provided to ensure
safe movement of persons and vehicles and for security purposes. Lighting
standards shall be of a type approved by the approving authority.
Directional lights shall be arranged so as to minimize glare and reflection
on adjacent properties.
D.
Buffers. Buffering shall be located around the perimeter
of the site and/or in groupings at strategic locations in order to
minimize the glare of headlights of vehicles, lights from structures,
noise and the movement of people and vehicles and to shield activities
from adjacent properties, etc. Buffering may consist of fencing, evergreens,
shrubs, bushes, deciduous trees, etc., or combinations thereof to
achieve the stated objectives.
E.
Landscaping. Landscaping shall be provided as part
of the overall site plan design and integrated into building arrangements,
topography, parking and buffering requirements. Landscaping shall
include trees, bushes, shrubs, ground cover, perennials, annuals,
plants, sculpture, art and the use of building and paving in an imaginative
manner.
F.
Signs. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting a hazard to vehicles and pedestrians. (See § 95-54C.)
G.
Storm drainage, sanitary waste disposal and water
supply. Storm drainage, sanitary waste disposal and water supply shall
be reviewed and considered. Particular emphasis shall be given to
the adequacy of the existing system and the need for improvements,
both on-site and off-site, to adequately carry runoff and sewage and
to maintain an adequate supply of water at sufficient pressure.
H.
Garbage disposal. Garbage disposal should be adequate
to ensure freedom from vermin and rodent infestation.
I.
Environmental elements. Environmental elements relating
to soil erosion, preservation of trees, protection of watercourses
and resources, emission of glare, noise, odor, air and water pollution,
aesthetic conditions, topography, soil and animal life shall be reviewed
and the design of the plan shall minimize any adverse impact on these
elements.
J.
Support facilities. Support facilities, including
the proximity and capacity of community facilities necessary to sustain
the needs and demands of the proposed development, should be carefully
considered so as to maintain and promote balanced community environments.
These support facilities may include phone booths, benches, bike racks,
trash receptacles, bus shelters, tot lots, game fields, open space
and land dedication for educational facilities, firehouses, etc.
K.
Electrical and/or electronic devices. All electrical
or electronic devices shall be subject to the provisions of Public
Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled
"An Act for the Protection of Public Health and Safety from the Dangers
of Electronic Production Radiation." Radiation products, as defined
in Department of Health, Education and Welfare Publication No. (FDA)
78-8003, shall be so limited and controlled that no measurable energy
can be recorded at any point beyond the property boundaries. The applicant,
upon request, shall produce certified data wherein measurements made
in accordance with the procedures and standards set forth in the Department
of Health, Education and Welfare Publication No. (FDA) 75-8003 adequately
demonstrate compliance with the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100
kilohertz and 10 megahertz shall be restricted to the technical limits
established in the Federal Communication Commission's Rules and Regulations.
Additionally, electric or electronic equipment shall be shielded so
that there is no interference with any radio or television reception
at the lot line (or beyond the operator's dwelling unit in the case
of multifamily dwellings) as the result of the operation of such equipment.
L.
Glare. No use shall produce a strong, dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets. Also see § 95-56C(6)(f).
M.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in any body of water.
N.
Noise. Noise levels shall be designed and operated
in accordance with local regulations and those rules established by
the New Jersey State Department of Environmental Protection, as they
are adopted and amended.
O.
Odor. Odors due to nonagricultural operations shall
not be discernable at the lot line or beyond.
P.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance be deposited which can contaminate an underground aquifer
or otherwise render such underground acquifer undesirable as a source
of water supply or recreation, or which will destroy aquatic life.
All materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored indoors and enclosed in appropriate containers
adequate to eliminate such hazards. With respect to solid wastes,
each business and industry shall:
(1)
Assume full responsibility for adequate and
regular collection and removal of all refuse.
(3)
Comply with all provisions of the State Sanitary
Code, Chapter VIII, Refuse Disposal, Public Health Council of the
State Department of Health.
(4)
Permit no accumulation on the property of any
solid waste, junk or other objectional materials.
Q.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses nor contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set back from all property lines 10
feet or equipped with baffles to deflect the discharged air away from
the adjacent use.
R.
Vibration. See § 95-56C(6)(d).
S.
Air pollution. As per Air Pollution Control Code of
the Township of East Hanover. (See Chapter 170.)
T.
Liquid wastes. See § 95-56C(6)(c).
U.
Radiation. All use of materials, equipment or facilities
which are or may be sources of radiation shall comply with all controls,
standards and requirements of the Radiation Protection Act, Chapter
116, P.L. 1958, as amended December 4, 1961, and any codes, rules
or regulations promulgated under such act. No radioactive materials
shall be buried on the premises. This provision shall not be effective
until approved by the Commissioner of the Department of Health as
provided in N.J.S.A. 26:2D-17.
V.
Noise and vibration noise.
(1)
When measured at any point along the lot line,
the sound-pressure level radiated continuously from a facility between
the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following
in any octave band of frequency:
Frequency Band Cycles Per Second
|
Sound Pressure Levels in Decibels Re.
0.0002 Microbar
| |
---|---|---|
20 - 75
|
69
| |
75 - 150
|
54
| |
150 - 300
|
47
| |
300 - 600
|
41
| |
600 - 1200
|
37
| |
1200 - 2400
|
34
| |
2400 - 4800
|
31
| |
4800 - 9600
|
28
|
(2)
If the noise is not smooth and continuous and
is not radiated at nighttime, one or more of the following corrections
shall be added to or subtracted from each of the decibel levels given
below:
Type of Operation or Character of Noise
|
Correction in Decibels
| |
---|---|---|
Daytime operation only
|
+5
| |
Noise source operates less than 20% of the time
|
+5*
| |
Noise source operates less than 5% of the time
|
+10*
| |
Noise source operates less than 1% of the time
|
+15*
| |
Noise impulsive character (hammering, etc.)
|
-5
| |
Noise of periodic character (hum, screech, etc.)
|
-5
|
*NOTE: Apply one of these corrections only.
|
(3)
(3) The sound pressure shall be measured with
a sound-level meter conforming to American Standard Specification
for General-Purpose Sound-Level Meters, S 1.4-1961, rev. of Z 24.3-1944,
and to an octave band analyzer conforming to the American Standard
Specification for an Octave-Band Filter Set for the Analysis of Noise
and Other Sounds, Z 24.10-1953, Vibration. No manufacturing, fabricating,
research, testing or other processes requiring the use of blasting
shall be permitted. Any necessary occasional, emergency or construction
blasting shall conform to the limits of the Table of Frequency Amplitude
Relations and all other requirements of the Rules and Regulations
Governing Blasting on the Construction and Related Operations, Bureau
of Engineering and Safety, State Department of Labor and Industry.
No machinery, process or other use will be permitted that causes any
mechanical or earth vibration that is detectable beyond the lot line.
When operations involve the use of heavy machinery, testing or other
facilities likely to produce mechanical vibration, the building shall
be constructed and the machinery and equipment shall be installed
in such manner as to eliminate the possibility of mechanical vibration
or earth vibration of such extent that it is detectable beyond the
lot line. For the purpose of measuring compliance, no mechanical vibration
or earth vibration shall be permitted that exceeds 10% of the limits
of the aforementioned Table of Frequency - Amplitude Relations
W.
Fire and explosion hazards. As a condition to approval,
the approving authority shall require proof that the applicant for
a proposed industry has registered such industry with the Commissioner
of Labor and Industry. If, in the judgment of the approving authority,
a proposed building, use, structure, process, product or material
appears to involve a fire or explosion hazard, the approving authority
may require the applicant to supply:
(1)
A copy of the approved plans from the State
Department of Labor and Industry showing that adequate safeguards
against the origin and spread of fire have been or shall be taken
in regard to such things as the construction and materials of the
building or structure, the installation of safety and warning devices
and the adoption of fire prevention procedures in operations.
(2)
Statement from the appropriate Township fire company officials that the applicant has complied with all applicable Township fire prevention regulations. (See Chapter 85.)
(3)
Also see § 95-56C(6)(a).
The Planning Board, when acting upon applications
for subdivision approval or for site plan approval, shall have the
power to grant such exceptions from the requirements for subdivision
or site plan approval as may be reasonable and within the general
purpose and intent of the provisions herein if the literal enforcement
of one or more provisions herein is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision,
such person shall be subject to a penalty not to exceed $1,000 and
each lot disposition so made may be deemed a separate violation.
B.
In addition to the foregoing, the Township may institute
and maintain a civil action for injunctive relief and to set aside
and invalidate any conveyance made pursuant to such a contract of
sale if a certificate of compliance has not been issued in accordance
with Section 44 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid and also a reasonable search fee, survey expense and title-closing
expense, if any. Any such action must be brought within two years
after the date of the recording of the instrument of transfer, sale
or conveyance of said land or within six years, if unrecorded.
[Added 8-27-1981 by Ord. No. 21-1981]
A.
The prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
or which formed part of such a subdivision three years preceding the
effective date of this chapter may apply in writing to the Township
Clerk for the issuance of a certificate certifying whether or not
such subdivision has been approved by the Planning Board. Such application
shall contain a diagram showing the location and dimension of the
land to be covered by the certificate and the name of the owner thereof.
B.
The Township Clerk shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The Secretary to the Planning Board shall keep a duplicate
copy of each certificate, consecutively numbered, including a statement
of the fee charged, in a binder as a permanent record of the office
of the Secretary.
C.
Each certification shall be designated a "Certificate
as to Approval of Subdivision of Land" and shall certify:
(1)
That there exists in East Hanover a duly established
Planning Board and an ordinance controlling subdivision of land.
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board
and, if so, the date of such approval and any extensions and terms
thereof, showing that the subdivision of which the lands are a part
is a validly existing subdivision.
(3)
That the subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in this chapter.
D.
The Township Clerk shall be entitled to demand and
receive for such certificate issued by the Clerk a reasonable fee,
not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The
fees so collected by the Township Clerk shall be paid by the Clerk
to the municipality.
[Added 4-2-2012 by Ord. No. 4-2012]
A.
Purpose. A section to regulate the outdoor application of fertilizer
so as to reduce the overall amount of excess nutrients entering waterways,
thereby helping to protect and improve surface water quality. This
section does not apply to fertilizer application on commercial farms.
B.
Basis and background.
(1)
Elevated levels of nutrients, particularly phosphorus, in surface
water bodies can result in excessive and accelerated growth of algae
and aquatic plants (eutrophication). Excessive plant growth can result
in diurnal variations and extremes in dissolved oxygen and pH, which,
in turn, can be detrimental to aquatic life. As algae and plant materials
die off, the decay process creates a further demand on dissolved oxygen
levels. The presence of excessive plant matter can also restrict use
of the affected water for recreation and water supply.
(2)
While healthy vegetated areas are protective of water quality
by stabilizing soil and filtering precipitation, when fertilizers
are applied to the land surface improperly or in excess of the needs
of target vegetation, nutrients can be transported by means of stormwater
to nearby waterways, contributing to the problematic growth of excessive
aquatic vegetation. Most soils in New Jersey contain sufficient amounts
of phosphorus to support adequate root growth for established turf.
Over time, it is necessary to replenish available phosphorus, but
generally not at the levels commonly applied. Other target vegetation,
such as vegetable gardens and agricultural/horticultural plantings,
will have a greater need for phosphorus application, as will the repair
or establishment of new lawns or cover vegetation. A soils test and
fertilizer application recommendation geared to the soil and planting
type is the best means to determine the amount of nutrients to apply.
Timing and placement of fertilizer application is also critical to
avoid transport of nutrients to waterways through stormwater runoff.
Fertilizer applied immediately prior to a runoff-producing rainfall,
outside the growing season or to impervious surfaces is most likely
to be carried away by means of runoff without accomplishing the desired
objective of supporting target vegetation growth. Therefore, the management
of the type, amount and techniques for fertilizer application is necessary
as one tool to protect water resources.
(3)
This section does not apply to application of fertilizer on
commercial farms, but improper application of fertilizer on farms
would be problematic as well. Stewardship on the part of commercial
farmers is needed to address this potential source of excess nutrient
load to water bodies. Commercial farmers are expected to implement
best management practices in accordance with conservation management
plans or resource conservation plans developed for the farm by the
Natural Resource Conservation Service and approved by the Soil Conservation
District Board.
C.
BUFFER
COMMERCIAL FARM
FERTILIZER
IMPERVIOUS SURFACE
PERSON
PHOSPHORUS FERTILIZER
SOILS TEST
WATER BODY
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
The land area, 25 feet in width, adjacent to any water body.
However, this buffer may be reduced to 10 feet in the event of small
lot sizes or the twenty-five-foot buffer constitutes a majority of
the available property. Any reduction will be determined on a case-by-case
basis and will require that application of all fertilizer be completed
using a drop spreader.
A farm management unit producing agricultural or horticultural
products worth $2,500 or more annually.
A fertilizer material, mixed fertilizer or any other substance
containing one or more recognized plant nutrients, which is used for
its plant nutrient content, which is designed for use or claimed to
have value in promoting plant growth, and which is sold, offered for
sale, or intended for sale.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. This term
shall be used to include any highway, street, sidewalk, parking lot,
driveway, or other material that prevents infiltration of water into
the soil.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any fertilizer that contains phosphorus, expressed as P205 with a guaranteed analysis
of greater than zero; except that it shall not be considered to include
animal (including human) or vegetable manures, agricultural liming
materials, or wood ashes that have not been amended to increase their
nutrient content.
A technical analysis of soil conducted by an accredited soil-testing
laboratory following the protocol for such a test established by Rutgers
Cooperative Research and Extension.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
D.
Prohibited conduct. No person may do any of the following:
(1)
Apply fertilizer when a runoff-producing rainfall is occurring
or predicted and/or when soils are saturated and a potential for fertilizer
movement off site exists.
(2)
Apply fertilizer to an impervious surface. Fertilizer inadvertently
applied to an impervious surface must be swept or blown back into
the target surface or returned to either its original or another appropriate
container for reuse.
(3)
Apply fertilizer within the buffer of any water body.
(4)
Apply fertilizer more than 15 days prior to the start of or
at any time after the end of the recognized growing season. The established
growing season for the Township of East Hanover is March 15 through
October 31.
E.
Phosphorus fertilizer application. No person may do the following:
(1)
Apply phosphorus fertilizer in outdoor areas except as demonstrated
to be needed for the specific soils and target vegetation in accordance
with a soils test and the associated annual fertilizer recommendation
issued by Rutgers Cooperative Research and Extension.
(2)
Exceptions:
(a)
Application of phosphorus fertilizer needed for:
(b)
Application of phosphorus fertilizer that delivers liquid or
granular fertilizer under the soils surface, directly to the feeder
roots.
(c)
Application of phosphorus fertilizer to residential container
plantings, flowerbeds, or vegetable gardens.
F.
Enforcement. This section shall be enforced by the Township of East
Hanover Zoning Officer.
G.
Violations and penalties. Any person(s) found to be in violation
of the provisions of this section shall be subject to a fine of not
less than to a fine of $50 for a first offense; $100 for a second
offense; $200 for a third offense; and for subsequent offenses no
more than $500 and imprisonment for not more than 90 days. Each violation
of a separate subsection of this section shall constitute a separate
violation, and each day that a violation continues shall constitute
a separate and distinct violation hereof.