Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
The approval provisions of this Article shall be administered by the Town of Dover Planning Board or Board of Adjustment, whichever has jurisdiction of the development application, in accordance with N.J.S.A. 40:55D-1 et seq.
Prior to the issuance of a permit for any development, other than those exemptions listed herein, and as a condition for the issuance of any such permit for development, a site plan of the proposed development must be submitted to and approved by the Planning Board or Board of Adjustment, whichever has jurisdiction, in accordance with the requirements of the site plan regulations.
A. 
Exemptions. The following shall be exempt from site plan review:
[Amended 12-10-2002 by Ord. No. 35-2002]
(1) 
All single- and two-family dwellings and their permitted accessory structures.
(2) 
Conforming freestanding signs and flagpoles.
(3) 
Construction of a trash enclosure in accordance with the requirements of § 236-54M(4) that is reviewed and approved by the Town Engineer and Town Recycling Coordinator.
[Added 4-10-2012 by Ord. No. 3-2012]
B. 
Minor site plan.
(1) 
A "minor site plan" shall be defined as a site plan where:
(a) 
The anticipated cost of construction or alteration does not exceed $20,000;
(b) 
The construction or alteration involves the addition or no more than 2,000 square feet of additional floor area; or
(c) 
Less than eight new parking spaces are proposed.
(2) 
The site plan shall not necessitate the construction of public improvements.
C. 
Major site plan. A major site plan shall be all site plans which do not meet the criteria of a minor site plan.
D. 
Waiver of site plan review.
(1) 
An applicant seeking approval of a permitted change in use or modification of an existing conforming use may apply for a waiver of site plan review, provided that such change in use or modification of an existing conforming use would not involve any of one or more of the following:
(a) 
Any structural alteration to the exterior of the building.
(b) 
Any anticipated increase in the number of occupants beyond four.
(c) 
Any storm drainage installation or need for the same as determined by the Town Engineer.
(d) 
An increase of stormwater runoff of more than one cubic foot per second during a twenty-five-year rainfall event.
(e) 
Redirecting of stormwater runoff.
(f) 
A change in any vehicular traffic circulation patterns.
(2) 
An applicant meeting the requirements specified for waiver of site plan review may, at his/her option, apply for an expedited waiver of site plan (EWSP) to the Planning Board.
(3) 
Expedited waiver of site plan (EWSP) procedure.
(a) 
Administration of EWSP procedure.
[Amended 3-14-2000 by Ord. No. 3-2000]
[1] 
The EWSP procedure shall be administered by a three-member EWSP Committee consisting of the following Town of Dover officials:
[a] 
The Zoning Officer.
[b] 
The Planning Board Attorney.
[c] 
The Town Engineer, who shall serve as the Committee Chairperson.
[2] 
Should the Town Engineer also hold the position of Zoning Officer, then the third member of the Committee shall be appointed by the Chairman of the Planning Board. The member shall be part of the Planning, Construction or Zoning Department staff or a Class II or Class IV member of the Planning Board. In appointing said member, the Chairman shall consider the availability of the prospective member to attend EWSP meetings during normal business hours within the time periods hereinafter required. The term of the Committee member appointed by the Chairman of the Planning Board shall be made yearly at the reorganization meeting of the Planning Board.
(b) 
The EWSP Committee will meet twice a month to review expedited waiver of site plan applications, unless there are no pending applications.
(c) 
EWSP Committee approval/referral.
[1] 
An EWSP approval requires the unanimous approval of all three Committee members.
[Amended 3-9-1999 by Ord. No. 2-1999]
[2] 
Any approval shall be based on a determination that all of the requirements for waiver of site plan have been met. If the Committee determines that the application falls outside the scope of the procedure, denies the approval of the application or fails to grant unanimous approval, the applicant may appeal the action to the Planning Board.
[3] 
The Committee shall refer that application to the Planning Board if it determines that approval of the application is beyond its responsibility or authority.
[4] 
Committee approval or referral to the Planning Board must be made within 10 working days after filing a complete application.
[Amended 3-9-1999 by Ord. No. 2-1999]
[5] 
An EWSP application shall be deemed complete upon review and certification by the Town Engineer that the following have been submitted to the Planning Board Clerk:
[a] 
A complete application form as provided by the Planning Board Clerk.
[b] 
Certification of payment of taxes to date.
[c] 
Payment of EWSP application fee.
[6] 
The Planning Board Clerk shall maintain minutes of all EWSP Committee meetings and provide copies to the Planning Board.
E. 
Site plan binding.
[Added 11-10-1998 by Ord. No. 32-1998]
(1) 
All site plans as approved by the Planning Board or Board of Adjustment shall be binding upon the applicant, his assignees, his successors and/or all future users of the site for the use or uses approved under said site plan. Any changes from the approved plan or conditions of approval shall require a resubmission and reapproval by the board of jurisdiction.
(2) 
Minor deviations from the approved plan necessitated by field conditions that would not impact on the intent of the board's approval may be authorized by the Town Engineer.
(3) 
Any deviation from an approved plan or condition of approval of said plan shall be deemed a violation of this chapter.
(4) 
Failure to maintain any site improvements shown on the approved plan or required as a condition of the resolution, including but not limited to pavement, sidewalks, curbs, landscaping, lighting, pavement striping and markings, signage and drainage facilities shall be deemed a violation of this chapter.
A. 
Sketch plats and preliminary site plans shall be filed with the Engineer at least 21 days prior to the regular meeting of the Planning Board at which the applicant wishes to be heard. At the time of application, the developer shall pay all fees and submit 12 copies of application, maps and other documents as required by this chapter. No application shall be determined complete until all taxes are paid.
B. 
Minor subdivision or minor site plan.
(1) 
The Engineer will forward the application to the Planning Board upon payment of fees by the applicant. The Planning Board or designated committee shall classify the application. If classified as a minor subdivision or minor site plan, the application shall be approved or denied within 45 days of the date of submission of a complete application to the Engineer 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 approval, and a certificate of the Secretary of the Planning Board 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.
(2) 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Municipal 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.
(3) 
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, 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 Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board.
(4) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which approval was granted shall not be changed for a period of two years after date of approval, provided that an approved minor subdivision shall have been duly recorded as provided in this section.
C. 
Before the Planning Board Secretary returns any approved sketch plat to the subdivider, the subdivider, at his own expense, shall have sufficient copies made for the Planning Board Secretary to distribute as follows:
(1) 
Town Clerk: one copy.
(2) 
Town Engineer: one copy.
(3) 
Tax Assessor: one copy.
(4) 
Secretary of the Planning Board: two copies.
(5) 
Construction Code Official: one copy.
D. 
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedures in § 236-49.
A. 
Preliminary site plan.
(1) 
The developer shall submit to the Engineer 12 copies of the site plan and such other information as required herein. The Engineer shall forward the preliminary site plans to the Secretary of the Planning Board upon payment of all fees. If an application for site plan is found to be incomplete, the developer shall be notified by the Planning Board Secretary within 45 days of the submission of such application or it shall be deemed to be properly submitted. No application shall be determined complete until all taxes are paid.
(2) 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.
(3) 
Upon the submission to the Engineer of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of a complete application submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of a complete application submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
B. 
Preliminary plat of major subdivision.
(1) 
At least 12 black-on-white prints of the preliminary plat, together with two completed application forms for preliminary approval, shall be submitted to the Engineer 21 days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees in accordance with Article IX of this chapter shall be paid to the Town Engineer to defer administrative and review costs incurred by the Town. The Town Engineer shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plat. No application shall be determined complete until all taxes are paid.
(2) 
The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
(3) 
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter, grant preliminary approval to the subdivision.
(4) 
Upon the submission to the Engineer of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
C. 
Notice.
(1) 
The developer shall notify by personal service or certified mail at least 10 days prior to the hearing all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Furthermore, the developer shall comply with all provisions of N.J.S.A. 40:55D-12, inclusive.
(2) 
Said notice shall state the time and place of hearing, a brief description of the application and that a copy of said application has been filed with the Town Clerk and Planning Board Secretary for public inspection. The Planning Board Secretary shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least 10 days prior to the hearing.
D. 
Copies.
(1) 
Copies of the preliminary application shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following:
(a) 
The County Planning Board.
(b) 
The Town Engineer, Planner.
(c) 
The Board of Health.
(d) 
The Construction Official.
(e) 
Such other municipal or state officials as directed by the Planning Board.
(2) 
In the case of County Planning Board review, it shall be the responsibility of the applicant to provide sufficient copies of plans and reports, as well as the payment of fees, all as required by the County Planning Board. The purpose of the Planning Board transmittal of the plan to the County Planning Board is to comply with notice requirements. The applicant, however, is totally responsible for making application to the County Planning Board.
E. 
If the Planning Board acts favorably on a preliminary application, a notation to that effect shall be made on the plat.
F. 
Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to this chapter confers upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1) 
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; 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.
(2) 
That the applicant shall 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.
(3) 
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 F(1), (2) and (3) 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 the 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.
A. 
Before consideration of a final subdivision plat or final site plan, the developer will have installed the improvements required under § 236-54, or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
B. 
It shall be expressly understood that, notwithstanding the posting of a performance guaranty for a lot in a major subdivision, no building permit shall be issued until the subdivider shall have installed the road subbase, road base and curbs in accordance with the Town specifications and as certified by the Town Engineer and until the underground utilities such as sewer, water, gas, storm drainage lines and all other underground work shall have been duly and properly installed. No occupancy permit shall be issued until a finished road base has been installed pursuant to Town specifications and until all other improvements and conditions as may be required by the Planning Board, this chapter and the building and plumbing codes[1] have been properly complied with and approved. All such improvements shall be certified in writing by the Town Engineer or other designated administrative officer prior to the issuance of such certificate of occupancy.
[1]
Editor's Note: See Ch. 150, Construction Codes, Uniform.
A. 
Submission.
(1) 
The final plat shall be submitted to the Engineer within three years from the date of preliminary approval. The Engineer shall immediately notify the Secretary of the Planning Board upon receipt of a final plat, and Planning Board shall act upon the final plat within 45 days after the date of submission of a complete application for final approval. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Planning Board Secretary 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.
(2) 
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal 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.
B. 
One reproducible copy, 10 black-on-white prints and two copies of the application form for final approval shall be submitted to the Engineer at least 21 days prior to the date of the regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications by the Planning Board.
C. 
The final plat shall be accompanied by a statement by the Town Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:
(1) 
All improvements have been installed in accordance with the requirements of these regulations.
(2) 
A performance guaranty has been posted with the Planning Board in sufficient amount to assure the completion of all required improvements.
D. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
(1) 
The Town Clerk.
(2) 
The Town Engineer.
(3) 
The Tax Assessor.
(4) 
The Construction Code Official.
E. 
A final subdivision plat, after final approval, shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The Planning Board may, for good cause, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
F. 
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Planning Board and signed by the Chairman and Secretary of the Planning Board.
A. 
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review, if the literal enforcement of one or more of the provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Planning Board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review, if the literal enforcement of one or more of the provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Amended 12-13-1994 by Ord. No. 39-1994]
The following development details must be provided and submitted with the appropriate application(s) and checklist form for the development. The checklist items are provided to the applicant as a simplified list of the information which must be filed in support of an application for development. Where the applicant feels that a required item is not necessary for an informed evaluation of his plans, a waiver may be requested from the appropriate Board, in writing. Unless a waiver is requested in writing and granted by the appropriate Board, if items required in the checklist are not provided with the application, the application shall be deemed incomplete.
A. 
Administrative. All development applications shall provide the following information:
(1) 
Application form(s): 23 copies.
(2) 
Plans prepared by an appropriate licensed professional in accordance with state law: 23 copies.
(3) 
Signature and seal of person preparing the plans.
(4) 
Environmental impact statement in accordance with municipal ordinance requirements, if required: 23 copies.
(5) 
Proof of payment of taxes.
(6) 
Certification from the applicant's engineer on any development application stating that no wetlands exist on the property in question, in accordance with the requirements of N.J.A.C. 7:7A, as amended and supplemented, or, in the alternative, any of the following:
(a) 
An exemption certificate issued by the New Jersey Department of Environmental Protection and Energy indicating that no wetlands exist on the property in question.
(b) 
A wetlands permit issued pursuant to the New Jersey Administrative Code.
(c) 
A certification by the applicant's engineer that application has been made to the New Jersey Department of Environmental Protection and Energy for an exemption or wetlands permit.
(d) 
The applicant shall, in addition, submit a map delineating the wetlands if, in fact, wetlands exist on the property.
(7) 
A complete submission package for the Morris County Planning Board for all applicable applications.
(8) 
A copy of all certificate(s) of compliance for the property in question. New certificate(s) of compliance shall be required if existing certificate(s) of compliance are dated more than 60 days prior to the filing of the land use application.
[Amended 7-13-2004 by Ord. No. 21-2004]
B. 
Minor subdivisions. In addition to the requirements of Subsection A, all minor subdivision development applications shall provide the following information:
(1) 
The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.
(2) 
A key map at a scale of one inch equals 200 feet minimum, showing surrounding streets and tax lots.
(3) 
A signature box for the Chairman, Secretary and Engineer of the approving agency.
(4) 
Existing structures and wooded areas within 200 feet of the existing property and roads and streams within 500 feet of the existing property.
(5) 
The names and addresses of the owner of the subject property, the applicant and the plan preparer and all property owners within 200 feet.
(6) 
The size of the tract to the nearest square foot and lot area of all proposed lots to the nearest square foot.
(7) 
Existing contours and elevations.
(8) 
Dimensions of all lots, including bearings and distances of all existing and proposed lot lines.
(9) 
A designation of the permitted building envelope, including front, side and rear yard setbacks and required buffers.
(10) 
Rights-of-way, easements and all lands to be dedicated to the Town or reserved for specific use.
(11) 
The locations and dimensions of existing buildings and of all accessory structures, such as walls, fences, culverts, etc. Structures to be removed shall be indicated by dashed lines.
(12) 
All existing and proposed curbs and sidewalks.
(13) 
The locations of all proposed water lines, valves and hydrants and all sewer lines or alternate means of water supply or sewage disposal and treatment.
(14) 
A comparison of the zone regulations to the proposed development.
(15) 
A listing of variances required, together with filing of appropriate application.
(16) 
Such other information or data as may be required by the Planning Board in order to determine that the details of the minor subdivision are in accord with the standards of the required ordinances.
(17) 
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with § 236-21.2, Steep slope development restrictions.
[Added 7-13-2004 by Ord. No. 21-2004]
C. 
Major subdivisions, preliminary. In addition to the requirements of Subsection A, all preliminary major subdivision development applications shall provide the following information:
(1) 
The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.
(2) 
A key map at a scale of one inch equals 200 feet minimum, showing surrounding streets and tax lots.
(3) 
A signature box for the Chairman, Secretary and Engineer of the approving agency.
(4) 
Existing structures and wooded areas within 200 feet of the existing property and roads and streams within 500 feet of the existing property.
(5) 
The names and addresses of the owner of the subject property, the applicant and the plan preparer and all property owners within 200 feet.
(6) 
The size of the tract to the nearest square foot and the lot area of all proposed lots to the nearest square foot.
(7) 
Existing contours and elevations.
(8) 
All existing property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and natural features, such as wooded areas and rock formations.
(9) 
The dimensions of all lots, including bearings and distances of all existing and proposed lot lines.
(10) 
Rights-of-way, easements and all lands to be dedicated to the Town or reserved for specific use.
(11) 
The locations and dimensions of existing buildings and of all accessory structures, such as walls, fences, culverts, etc. Structures to be removed shall be indicated by dashed lines.
(12) 
Plan, profile and typical section of all proposed roads, including cross sections at fifty-foot minimum intervals.
(13) 
Plans of proposed utility layouts, including sanitary sewers, storm drains, water mains, gas lines, electric lines and cable television.
(14) 
Connections to existing utility systems.
(15) 
Copy of any deed restrictions, easements or covenants.
(16) 
Delineation of all wetlands and buffer areas with bearings and distances.
(17) 
Delineation of all floodways and flood hazard areas.
(18) 
Soil erosion and sediment control plan.
(19) 
Soil balance calculations.
(20) 
Drainage calculations for all required and proposed stormwater collection systems.
(21) 
All existing and proposed curbs and sidewalks.
(22) 
Comparison of the zone regulations to the proposed development.
(23) 
All variances requested, together with all appropriate applications.
(24) 
Locations and dimensions of existing buildings and of all accessory structures, such as walls, fences, culverts, etc.
(25) 
Rights-of-way, easements and all land to be dedicated to the municipality or reserved for specific uses.
(26) 
A soil removal plan for all soil to be taken from the site.
(27) 
A soil fill plan for all soil to be brought to the site.
(28) 
A tree removal plan, if necessary.
(29) 
Such other information or data as may be required by the Planning Board in order to determine that the details of the minor subdivision are in accord with the standards of the required ordinances.
(30) 
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with § 236-21.2, Steep slope development restrictions.
[Added 7-13-2004 by Ord. No. 21-2004]
D. 
Major subdivisions, final. In addition to the requirements of Subsection A, all final major subdivision development applications shall provide the following information:
(1) 
All checklist items required for a major subdivision preliminary plat. The plan shall reflect the as-built condition of all work completed under the preliminary approval if applicable.
(2) 
The final plat prepared for filing in accordance with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
E. 
Site plans, minor. In addition to the requirements of Subsection A, all minor site plan development applications shall provide the following information:
(1) 
The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.
(2) 
A key map showing the location of the tract to be considered in relation to the surrounding area within 500 feet, including tax lots, streets and zone boundary lines.
(3) 
A signature box for the Chairman, Secretary and Engineer of the approving agency.
(4) 
The names and addresses of the owner, applicant and plan preparer and all property owners within 200 feet.
(5) 
The size of the tract to the nearest square foot.
(6) 
A list of zone district requirements showing compliance with variances requested, together with all appropriate applications.
(7) 
Existing and proposed contours and elevations.
(8) 
Delineation of floodplains and wetlands.
(9) 
The location of existing wooded areas, watercourses, easements, streets, structures or any other features on the property or beyond the property which has an effect on the use of the subject property.
(10) 
The location, use and floor area of each proposed structure.
(11) 
The location, design and capacity of proposed off-street parking and loading facilities, pedestrian circulation plans and solid waste and recyclable materials storage.
[Amended 8-13-2002 by Ord. No. 21-2002]
(12) 
A landscaping plan, including the types, quantity, size and location of all proposed vegetation. The scientific and common names of all vegetation shall be included.
(13) 
Rights-of-way, easements and all lands to be dedicated to the municipality or reserved for specific uses.
(14) 
A comparison of the zone regulations to the proposed development.
(15) 
Bearings and distances of all lot lines.
(16) 
Designation of front yards, side yards and rear yards.
(17) 
Such other information or data as may be required by the Planning Board in order to determine that the details of the site plan are in accord with the standards of the required ordinances.
(18) 
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with § 236-21.2, Steep slope development restrictions, where applicable.
[Added 7-13-2004 by Ord. No. 21-2004]
F. 
Site plans, major preliminary. In addition to the requirements of Subsection A, all preliminary major site plan development applications shall provide the following information:
(1) 
The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.
(2) 
A key map showing the location of the tract to be considered in relation to surrounding area within 500 feet, including tax lots, streets and zone boundary lines.
(3) 
A signature box for the Chairman, Secretary and Engineer of the approving agency.
(4) 
The names and addresses of the owner, applicant and plan preparer and all property owners within 200 feet.
(5) 
The size of the tract to the nearest square foot.
(6) 
A list of zone district requirements showing compliance with variances requested together with all appropriate applications.
(7) 
Existing and proposed contours and elevations.
(8) 
Delineation of floodplains and wetlands.
(9) 
The location of existing wooded areas, watercourses, easements, streets, structures or any other features on the property or beyond the property which has an effect on the use of the subject property.
(10) 
The location, use and floor area of each proposed structure.
(11) 
The location of all proposed roads.
(12) 
The location, design and capacity of proposed off-street parking and loading facilities, pedestrian circulation plans and solid waste and recyclable materials storage.
[Amended 8-13-2002 by Ord. No. 21-2002]
(13) 
Plan and profile of proposed storm drainage facilities.
(14) 
Plan and profile of sanitary sewer facilities.
(15) 
Plans for potable water supply.
(16) 
The location and identification of proposed open space, park or recreation area.
(17) 
Soil erosion and sediment control plan.
(18) 
Landscaping plan, including the types, quantity, size and location of all proposed vegetation. The scientific and common names of all vegetation shall be included.
(19) 
Lighting plan, including direction of illumination, types of standards and power and time of proposed outdoor lighting.
(20) 
Rights-of-way, easements and all lands to be dedicated to the municipality or reserved for specific uses.
(21) 
A comparison of the zone regulations to the proposed development.
(22) 
Bearings and distances of all lot lines.
(23) 
Designation of front yards, side yards and rear yards.
(24) 
A soil removal plan for all soil to be taken from the site.
(25) 
A soil fill plan for all soil to be brought to the site.
(26) 
A tree removal plan, if necessary.
(27) 
Drainage calculations for all proposed drainage facilities, including an analysis of the capacity of downstream facilities and their ability to receive proposed added flow.
(28) 
Such other information or data as may be required by the Planning Board in order to determine that the details of the site plan are in accord with the standards of the required ordinances.
(29) 
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with § 236-21.2, Steep slope development restrictions.
[Added 7-13-2004 by Ord. No. 21-2004]
G. 
Site plans, major final. In addition to the requirements of Subsection A, all final major site plan development applications shall provide the following information:
(1) 
All checklist items required for a major subdivision, preliminary plat. The plan shall reflect the as-built condition of all work completed under the preliminary approval if applicable.
H. 
Variances and waiver of site plan review. In addition to the requirements of Subsection A, all variance applications that are not a part of any other aforementioned development application or waiver of site plan review aforementioned development applications shall provide the following information:
(1) 
Property survey. One sealed and 23 copies for variance applications, six copies for waiver of site plan review.
(2) 
A sketch of the proposed development with dimensions and distances to adjacent structures and property lines. The sketch shall include all existing and proposed uses on the property.
(3) 
A copy of the deed of the property and any deed restrictions, easements and/or covenants.
(4) 
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with § 236-21.2, Steep slope development restrictions, where applicable.
[Added 7-13-2004 by Ord. No. 21-2004]
A. 
Street signs. Approved street signs shall be installed at all street intersections and shall be a type specified by the Town Engineer.
B. 
Sidewalks.
(1) 
Sidewalks shall be provided along all streets and shall be four inches thick and at least four feet wide, constructed of coarse concrete or equal except that a sidewalk forming part of a driveway apron shall be six inches thick at a grade with abutting sidewalks and of the same construction material as abutting sidewalks.
(2) 
All sidewalks shall be located a minimum of one foot within the street right-of-way.
(3) 
All sidewalks shall have a slope of one-fourth (1/4) inch per foot toward the gutter.
C. 
Streetlighting. Appropriate streetlights shall be installed, the design, height and location of which shall be submitted.
D. 
Topsoil protection. No topsoil shall be removed from the subdivision site or used as spoil or fill. 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.
E. 
Monuments. Monuments of the size and shape required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., shall be placed in accordance with said statute, as may be amended from time to time.
F. 
Drainage. Drainage shall be provided so that surface water will not flow either over private property, unless the course of the natural drainage by existing ditch is indicated, or over said street so as to erode the same. The method of disposal of surface waters must be satisfactory in the opinion of the Town Engineer. In the case of a major subdivision, the drainage plan for the entire subdivision, including the street or streets, must be submitted with the preliminary plans at the time of the request for preliminary approval of the Planning Board. There must be sufficient drainage to intercept any water seepage so as to overcome unfavorable subgrade underground conditions. Sanitary sewer service connections are to be completed before the placing of any pavement construction material. All driveways from house to street shall be constructed in such a manner as not to interfere with the flow of water in the road or drainage ditches along the public road.
G. 
Streets.
(1) 
The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing, mapped or potential streets.
(2) 
No subdivision showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body under conditions approved by the Planning Board.
(3) 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, one-half (1/2) of the required extra width shall be dedicated.
(4) 
The right-of-way width shall be measured from lot line to lot line. Right-of-way width and pavement width shall not be less than the following:
Type of Street
Right-of-Way
(feet)
Width
(feet)
Arterial streets
80
60
Collector streets
60
44
Local streets
50
36
The right-of-way width for internal roads and alleys in multifamily, commercial and industrial development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely and conveniently accommodate the maximum traffic, parking and loading needs for the type of traffic encouraged by its existence as well as the necessary space for fire-fighting equipment.
(5) 
The paving width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Town, County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist.
(6) 
All driveways or other parking areas shall have driveway aprons, extending from the curbline to the front property line. The driveway aprons shall be at least 10 feet wide at the curb face and a minimum of seven feet at the property line and meeting the same construction specifications as the street.
H. 
Curbs and gutters.
(1) 
Curbing shall be required along all streets within the subdivision.
(2) 
The minimum standards in regard to height of curbing, base material, surface material, slope and the installation of catch basins shall be in accordance with standard specifications furnished by the Town Engineer.
I. 
Sanitary sewage. Sanitary sewers shall be installed in accordance with specifications approved by the Town Engineer or agency having jurisdiction of improvement.
J. 
Utilities. The subdivider shall request the serving utility to install its distribution supply lines, services and streetlighting supply facilities underground in accordance with its specifications and with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Regulatory Commissioners, or its successors, and shall submit to the Planning Board a written instrument from each serving utility which shall evidence its disposition of the request. If approved by the utility, the subdivider shall, if so directed by the Planning Board, arrange with the utility for such underground installation; provided, however, that lots, which in such subdivisions abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved, may be supplied with electric and telephone service from those overhead lines or extensions thereof, but the service connections from the utility's overhead lines may be installed underground.
K. 
Earth removal. No change shall be made in the elevation or contour of any lot or site by removal of earth to another site except when approved by the Town Engineer unless the change of elevation is one foot or less over an area of 500 square feet or less. All changes in elevation and contours approved by the Town Engineer shall be shown on the preliminary plat and profiles.
L. 
Shade trees. Where required by the Planning Board, two new shade trees shall be installed on each lot not to interfere with utilities, roadways or walkways and sidewalks. Trees shall be two inches or more in diameter, eight feet or more in height and of the following types, including but not limited to evergreen or silver linden, London or Oriental plane, Norway, Schwedler's or sugar maple, chestnut, red, pin, black or scarlet oak.
M. 
Recycling plan; solid waste and recyclable materials storage.
[Added 8-13-2002 by Ord. No. 21-2002; amended 5-13-2008 by Ord. No. 07-2008]
(1) 
Recycling plan. Any application to the Planning Board or Board of Adjustment of the Town of Dover for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum, the following:
(a) 
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and
(b) 
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as required below, and as may be recommended by the Municipal Recycling Coordinator.
(2) 
Solid waste and recyclable materials storage. There shall be included in all uses other than single- or two-family homes that require subdivision or site plan approval an indoor and/or outdoor solid waste and recycling area(s) for the collection and storage of commercially and/or residentially generated solid waste and recyclable materials. The number of sites and dimensions of the solid waste and recycling areas shall be sufficient to accommodate solid waste and recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The number of sites and dimensions of the solid waste and recycling areas and the bins or containers shall be determined in consultation with the Health Department and the Municipal Recycling Coordinator, and shall be consistent with the Morris County Solid Waste Management Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Town of Dover Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102, but in no case smaller than that indicated below.
Facility Type/Use
Minimum Enclosure Size
Retail
5 square feet per 1,000 GFA*
Manufacturing and other general commercial
3 square feet per 1,000 GFA*
Office, educational and institutional
2 square feet per 1,000 GFA*
Multidwellings
100 square feet for first 10 dwelling units plus 5 square feet per additional dwelling unit
Note:
*
65 square feet minimum; 1,000 square feet maximum.
(3) 
For existing developed sites, this requirement may be waived by the Planning Board or Board of Adjustment upon showing by the applicant that the site currently handles all solid waste and recyclable materials in an existing location not meeting these standards, but in a satisfactory manner. Evidence of this shall include a report from the Town of Dover Health Department and Recycling Coordinator indicating same.
(4) 
Solid waste and recycling areas shall be subject to the following minimum standards:
(a) 
The solid waste and recycling areas should not be located within any front yard area.
(b) 
The walls of each solid waste and recycling enclosure shall be constructed of solid masonry material with decorative exterior surface finish compatible to the main structure(s). Split-face concrete block finish is recommended. The walls shall be a minimum of six feet in height.
(c) 
Each recycling and trash enclosure shall have decorative solid, heavy-gauge metal gates and be designed with cane bolts to secure the gates when in the open and closed positions.
(d) 
One side should contain a gate of sufficient width to accommodate the containers.
(e) 
A separate pedestrian entrance shall be provided. The pedestrian entrance shall be located such that it shields the view of the containers or, in the alternative, accommodated with a decorative solid, heavy-gauge metal gate.
(f) 
A concrete apron shall be constructed either in front of each recycling and trash enclosure or at the point of receptacle pickup to minimize damage to the surrounding asphalt paving. The minimum dimensions of the concrete apron shall be 10 feet wide and 20 feet long. The apron material shall consist of five-inch dense graded aggregate base and six-inch Class B concrete slab.
(g) 
The location, size and shape of the storage area should be such that each container can be moved in and out of the storage area without interfering with other containers in the storage area or other land uses adjacent to the storage area. The size shall be in accordance with Subsection M(2) above, unless otherwise approved by the Planning Board.
(h) 
A five-foot-minimum-width landscape area should be provided along the fence or wall enclosing the refuse storage area where deemed appropriate by the Planning Board or Board of Adjustment. The landscaping to be provided should be shown on the site plan submitted to the Planning Board or Board of Adjustment for approval.
(i) 
The solid waste and recycling areas should be well lit and shall be safely and easily accessible by solid waste and recycling personnel and vehicles. Collection vehicles shall be able to access the solid waste and recycling areas without interference from parked cars or other obstacles. Reasonable measures should be taken to protect the solid waste and recycling areas and the bins or containers.
(j) 
The solid waste and recycling areas and the bins/containers placed therein should be designed so as to provide protection against adverse environmental conditions which might render the recyclable materials unmarketable. Any bins or containers which are located in an outdoor solid waste and recycling area should be equipped with a lid, or otherwise covered, so as to keep the contents dry.
(k) 
Signs clearly identifying the recycling portion of the solid waste and recycling areas and the materials accepted therein should be posted adjacent to all points of access to the solid waste and recycling areas. Individual bins or containers for recyclable materials should be equipped with signs indicating the materials to be placed therein.
(l) 
No containers or solid waste and recycling materials should be maintained anywhere on a site except in a solid waste and recycling area meeting these requirements.
(m) 
It should be a violation of the site plan when the gates of a solid waste and recycling area are left open or when solid waste or recyclable material is placed outside of the approved solid waste and recycling area(s).
(n) 
If outdoor storage of solid waste or recyclable materials is not proposed, the site plan should detail the methods proposed for accommodating the solid waste or recyclable materials within the structure. The Planning Board or Board of Adjustment may require that a suitable area be set aside, but not improved, for a future solid waste and recycling area meeting these requirements even if indoor accommodations are proposed.
(5) 
Standard details of solid waste and recyclable material enclosures prepared by the Town Engineer and approved by the Recycling Coordinator that meet the requirements of Subsection M(4) above shall be made available to applicants required to comply with this section.
All improvements (except electric and gas) shall be installed under the supervision and inspection of the Town Engineer, the cost thereof to be borne by the developer.
A. 
All construction stakes and grades thereon shall be set by a professional engineer in the employ of the developer or his contractor, and a duplicate copy of the notes made therefrom shall be filed with the Town Engineer.
B. 
No construction work shall commence without notification to the Town Engineer. Such notice shall be given at least 48 hours before the commencement of work.
A. 
Prior to granting approval of the final plat for a site plan or subdivision, the developer shall have installed or shall have furnished performance guaranties as provided for in N.J.S.A. 40:55D-53 for the ultimate installation of the improvements hereinbefore required.
B. 
No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the Town Engineer, unless the subdivision owner shall have filed with the Town of Dover a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Town Engineer and ensuring the installation of such uncompleted improvements on or before an agreed date. Such performance guaranty shall be in the form of 10% cash and a performance bond, surety company bond approved by the Planning Board, a certified check returnable to the subdivider after full compliance or any other type of surety approved by the Planning Board.
C. 
When all of the required improvements have been completed, the obligor shall notify the governing body in writing, by certified mail addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Town 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.
D. 
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.
E. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.
F. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
G. 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.
H. 
When the developer files the performance guaranty for the completion of the improvements in portions of sections of the subdivision, upon completion and approval of the portion or section, the developer shall be required to file a maintenance bond sufficient in amount to guarantee that the completed section will be maintained by the developer until completion of improvements in the remaining portions or sections of the subdivision and for a stated period of time thereafter not to exceed two years from the date of completion of all improvements. The Town Engineer shall determine the amount of the maintenance bond, and it shall be approved by the Town Attorney as to form, sufficiency and execution and approved by the Mayor.
I. 
Such performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term of more than two years. However, with the consent of the owner and surety, if there be one, the governing body may, by resolution, extend the term of such performance guaranty for an additional period, not to exceed three years. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed.
J. 
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Town of Dover for the reasonable cost of the improvements not installed, and, upon the receipt of the proceeds of the performance guaranty, the Town of Dover shall install such improvements.
The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map and Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plans. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat such as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following standards:
A. 
The arrangement of streets not shown on the Master Plan shall be such as to provide for the appropriate extension of existing streets. Whenever a cul-de-sac is permitted, the subdivider shall dedicate a parcel of land 50 feet wide to be used as a future street and running from the cul-de-sac to any adjoining land not fronting on a street, whether such adjoining land is owned by the subdivider or not.
B. 
Minor streets shall be so designed as to discourage through traffic.
C. 
Right-of-way width.
(1) 
The right-of-way width shall be measured from lot lines and shall not be less than the following:
(a) 
Arterial streets: as per New Jersey Department of Transportation (NJDOT) standards.
(b) 
County roads: as per Morris County standards.
(c) 
Collector streets: 60 feet.
(d) 
Minor streets: 50 feet.
(2) 
The right-of-way width for private roads in multifamily, commercial and industrial development shall be determined on an individual basis and shall, in all cases, be of sufficient width and design to safely and conveniently accommodate the maximum traffic, parking and loading needs for the type of traffic encouraged by its existence as well as the necessary space for fire-fighting equipment.
D. 
No subdivision showing reserve strips controlling access to streets shall be approved.
E. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan 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, one-half (1/2) of the required extra width shall be dedicated.
F. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. No more than two streets shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point. Measuring from this common point, the intersection of two streets shall be spaced at a minimum of 150 feet. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. No shrubbery, signs, trees, monuments or other visual obstruction over three feet in height shall be permitted within 50 feet of an intersection.
G. 
Where streets have a reverse curve, a tangent of at least 100 feet in length shall be required.
H. 
Grades of streets other than local streets shall not exceed 7%. Grades on local streets shall not exceed 10%. No street shall have a minimum grade of less than one-half of one percent (1/2 of 1%).
I. 
All changes in grade where the grade is one-fifth (1/5) or greater shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance, but not so great as to create drainage problems. Sight distances shall be at least:
(1) 
Eight hundred feet for arterial highways.
(2) 
Three hundred feet for collector streets.
(3) 
Three hundred fifty feet for all other streets.
J. 
Dead-end streets or culs-de-sac shall be located, if possible, so that they drain toward their entrances and shall be no longer than 500 feet. They shall provide a turnaround at the end with a radius of not less than 50 feet measured from the curbline and tangent whenever practicable to the right side of the street. The minimum right-of-way at the turnaround shall be a radius of at least 65 feet.
K. 
Street grades. Grades of through and main traffic streets shall not exceed 12%, except under special conditions which may be approved by the Planning Board. No streets shall have a minimum grade of less than one-half of one percent (1/2 of 1%).
L. 
Street intersections shall be laid out as nearly at right angles as 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 20 feet.
M. 
A tangent at least 100 feet long shall be introduced between reverse curves.
N. 
When connecting street lines deflect 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 all streets.
O. 
All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance.
P. 
Connecting streets shall be planned wherever possible. Dead-end streets, where planned, shall not be longer than 500 feet, excepting where unusual circumstances require granting additional footage at the direction of the Planning Board, and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent wherever 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 provision made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
Q. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of an existing street. The continuation of an existing street shall have the same name. All street names shall be approved by the Planning Board.
R. 
Before any street dedicated to public use in an existing subdivision may be constructed or reconstructed hereafter, the owner or owners of abutting properties, the subdivider or other parties in interest shall make application in writing for a permit as required by this chapter.
A. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Article IV, Zoning, of this chapter and to provide for convenient access, circulation control and safety of street traffic.
B. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.
C. 
For commercial group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
A. 
Lot dimensions and area shall not be less than the requirements of Article IV, Zoning.
B. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C. 
Each lot must front upon an improved street.
D. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
A. 
In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or municipal departments concerned.
B. 
Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
C. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
As a condition of preliminary approval and prior to any construction or the filing of an application for final approval of a subdivision or a site plan, the applicant shall have made cash payments or, with the consent of the Town, installed in the manner provided below with respect to the immediate or ultimate installation of any required off-tract improvements.
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 Town or any one or more of the foregoing shall be determined by the Planning Board, with the assistance of the appropriate Town 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 N.J.S.A. 40:55D-42. In addition, the following criteria may also be considered, as well as any other reasonable criteria the Board feels is necessary to protect the health, safety and general welfare of the Town:
(1) 
Streets, curbs, sidewalks, 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 also be based upon the added facilities required by the total anticipated water use requirements 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 that 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 Town Engineer and appropriate Town agencies.
C. 
Manner of construction. When those estimates are received, the Mayor and Board of Aldermen shall then decide whether the off-tract improvement is to be constructed:
(1) 
By the Town as a general improvement;
(2) 
By the Town as a local improvement; or
(3) 
By the applicant under a formula providing for partial reimbursement by the Town for benefits to properties other than the subject property.
D. 
Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the Town of one of the following amounts:
(1) 
If the improvement is to be constructed by the Town 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 Town as a local improvement, then, in addition to the amount referred to in Subsection D(1) above, 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 Town 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 Town 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 that the payment by the applicant to the Town Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof.
(3) 
In the event that the payment by the applicant to the Town Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor 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 revised in appropriate proceedings brought to compel subdivision or site plan 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 Town 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 Town. 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 Town 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 that the applicant, with the Town'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 Town in the same manner as if the subdivider had deposited its apportioned cost with the Town Treasurer, as provided herein.
H. 
Installation of improvements by applicant.
(1) 
At the discretion and option of the Town and with the consent of the applicant, the Town 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 Town of the remaining unallocated portion of the cost of the off-tract improvement.
(2) 
In the event that the Town so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the Town 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. 
Compliance with design criteria. Should the applicant and the Town 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 in the design of such improvements.
A. 
Purpose. The purpose of these provisions of this chapter is to provide guidelines and requirements for the environmental impact statement to be filed with the Planning Board. This statement will be used to evaluate the probable impacts associated with a proposed development and to propose alternatives which will mitigate any adverse impact.
B. 
Environmental impact statement required. Every owner of land, or his agent, who proposed to subdivide land within the Town or to resubdivide lands previously subdivided or apply for site plan approval where no environmental impact statement was filed shall, preliminary to filing his application for approval of a map, plan or plat, or resubdivision as hereinafter provided, submit an environmental impact statement made by a duly qualified expert of the effect of the proposed subdivision and improvement upon the environment, which shall:
(1) 
Describe all of the probable effects, both on-site and off-site, of the proposed development upon:
(a) 
Natural resources of all kinds, including plant and wild life.
(b) 
Hydrologic conditions and existing surface and storm water drainage patterns.
(c) 
Soil erosion and sedimentation in accordance with standards for soil erosion and sediment control in New Jersey adopted June 14, 1972, by the New Jersey State Soil Conservation Committee.
(d) 
Water quality with reference to standards established by the New Jersey Department of Environmental Protection and Energy.
(e) 
Air quality with reference to standards established by the New Jersey Department of Environmental Protection and Energy.
(f) 
Noise.
(g) 
Potable water supply.
(h) 
Traffic volume and flow.
(i) 
Health, safety and welfare of the public.
(2) 
Discuss alternative proposals for the proposed development which will reduce or eliminate any adverse on-site or off-site environmental effects.
(3) 
Discuss the steps proposed to be taken before, during and after the development to minimize any adverse on-site or off-site environmental effects which cannot be avoided.
C. 
In approving both a subdivision plan and a site plan, the Planning Board or Board of Adjustment may require revision or supplementation of the environmental impact statement, may select among alternative proposals and may establish conditions considered necessary to eliminate or minimize any temporary or permanent adverse on-site or off-site environmental effects of the proposed development.
D. 
The Planning Board shall not require an environmental impact statement in connection with any subdivision which involves fewer than four lots or any site plan which involves fewer than three acres. The Planning Board may in any other situation waive any part or all of an environmental impact statement.
E. 
Where the applicant proposed only to provide an adjustment of lot lines on lands fronting on an improved road, the Planning Board or Board of Adjustment may waive the requirement of an environmental impact statement. The Planning Board or Board of Adjustment may waive the requirements for an environmental impact statement, in whole or in part, if it is determined that a complete environmental impact statement need not be prepared in order to adequately evaluate the environmental impact.