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.
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:
[Amended 9-10-2019 by Ord. No. 11-2019]
[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:
[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:
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:
(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.
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:
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; 8-13-2002 by Ord. No. 21-2002; 7-13-2004 by Ord. No.
21-2004; 7-10-2018 by Ord. No. 09-2018]
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): 17 copies.
(2)
Completed checklist form(s): 17 copies.
(3)
Plans prepared by an appropriate licensed professional in accordance
with state law: 17 hard copies (one rolled and unstapled; 16 stapled
and folded) and one digital copy (PDF).
(4)
Signature and seal of the appropriate licensed professional who prepared
the plans, on the plans.
(5)
Environmental impact statement in accordance with the requirements of § 236-63, Environmental impact statement, if required: 17 copies.
(6)
Proof of payment of taxes.
(7)
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 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
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.
(8)
A complete submission package, with the appropriate fee, for the
Morris County Planning Board for all applicable applications.
(9)
All current tenants on the property must have a certificate of compliance,
a copy of which shall be submitted with the application, and if the
most recent certificate of compliance is more than 180 days old at
the time of the filing of the application, a copy of a current exterior
inspection report shall be secured from the Code Enforcement Department
and submitted with the application.
(10)
A copy of the deed of the property and any deed restrictions,
easements and/or covenants.
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 showing the location of the tract to be considered in relation
to surrounding area within 200 feet, including tax lots, streets and
zone boundary lines.
(3)
A signature box for the Chairman, Secretary and Engineer of the approving
agency.
(4)
Existing structures and streams/waterbodies on adjacent properties.
(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 (two-foot intervals) and spot elevations at building
corners, tops and bottoms of walls and other appropriate locations.
(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 existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
(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.
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 streams/waterbodies on adjacent properties.
(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 (two-foot intervals) and spot elevations at building
corners, tops and bottoms of walls and other appropriate locations.
(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)
The locations of all existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
(14)
Plans of proposed utility layouts, including sanitary sewers,
storm drains, water mains, gas lines, electric lines and cable television.
(15)
Connections to existing utility systems.
(16)
Delineation of all freshwater wetlands areas as defined under
N.J.A.C. 7:7A-1.3, Definitions, of the Freshwater Wetlands Protection
Act Rules, on the property and within 50 feet of the property. All
regulated activities as defined in N.J.A.C. 7:7A-1.3, Definitions,
of the Freshwater Wetlands Protection Act Rules, shall be delineated
and identified on the plan.
(17)
Delineation of all floodways, flood hazard areas and riparian
zones for regulated water on the property and within 50 feet of the
property, including the top of bank, floodway line(s), flood hazard
area limit line(s) and the flood hazard area design flood elevation.
All regulated activities as defined in N.J.A.C. 7:13, Flood Hazard
Area Control Act Rules, shall be delineated and identified on the
plan. If none of these items exist on the property or within 50 feet
of the property, a note stating such shall be provided on the plan.
(18)
Soil erosion and sediment control plan.
(19)
Soil balance calculations.
(20)
Drainage calculations for all required and proposed stormwater
collection systems.
(22)
All existing and proposed curbs and sidewalks.
(23)
Comparison of the zone regulations to the proposed development.
(24)
All variances requested, together with all appropriate applications.
(25)
Rights-of-way, easements and all land to be dedicated to the
municipality or reserved for specific uses.
(27)
A tree removal plan, if necessary.
(28)
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.
(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.
(30)
A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property.
(31)
If the plan is not signed by a licensed land surveyor, all existing
planimetric features, existing building locations and existing contours
shown on the site plan must reference a survey drawing prepared by
a licensed land surveyor, and said survey, signed and sealed by a
licensed land surveyor, shall accompany the site plan drawing(s) as
required by law.
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.
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 (two-foot intervals) and elevations.
(8)
Delineation of all freshwater wetlands areas as defined under N.J.A.C.
7:7A-1.3, Definitions, of the Freshwater Wetlands Protection Act Rules,
on the property and within 50 feet of the property. All regulated
Activities as defined in N.J.A.C. 7:7A-1.3, Definitions, of the Freshwater
Wetlands Protection Act Rules, shall be delineated and identified
on the plan.
(9)
Delineation of all floodways, flood hazard areas and riparian zones
for regulated water on the property and within 50 feet of the property,
including the top of bank, floodway line(s), flood hazard area limit
line(s) and the flood hazard area design flood elevation. All regulated
activities as defined in N.J.A.C. 7:13, Flood Hazard Area Control
Act Rules, shall be delineated and identified on the plan. If none
of these items exist on the property or within 50 feet of the property,
a note stating such shall be provided on the plan.
(10)
The location of existing wooded areas, watercourses, easements,
streets, structures or any other features on the property or beyond
the property which have an effect on the use of the subject property.
(11)
The location, use and floor area of each proposed structure.
(12)
The location, design and capacity of proposed off-street parking
and loading facilities, pedestrian circulation plans and solid waste
and recyclable materials storage.
(13)
A landscaping plan, including the types, quantity, size and
location of all proposed vegetation with planting details. The scientific
and common names of all vegetation shall be included.
(14)
Rights-of-way, easements and all lands to be dedicated to the
municipality or reserved for specific uses.
(15)
A comparison of the zone regulations to the proposed development.
(16)
Bearings and distances of all lot lines.
(17)
Designation of front yards, side yards and rear yards.
(18)
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.
(19)
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.
(20)
A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property.
(21)
If the site plan is not signed by a licensed land surveyor,
all existing planimetric features, existing building locations and
existing contours shown on the site plan must reference a survey drawing
prepared by a licensed land surveyor, and said survey, signed and
sealed by a licensed land surveyor, shall accompany the site plan
drawing(s) as required by law.
(22)
The locations of all existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
(f)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
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 contours (two-foot intervals) and spot elevations at building
corners, tops and bottoms of walls and other appropriate locations.
(8)
Delineation of all freshwater wetlands areas as defined under N.J.A.C.
7:7A-1.3, Definitions, of the Freshwater Wetlands Protection Act Rules,
on the property and within 50 feet of the property. All regulated
activities as defined in N.J.A.C. 7:7A-1.3, Definitions, of the Freshwater
Wetlands Protection Act Rules, shall be delineated and identified
on the plan.
(9)
Delineation of all floodways, flood hazard areas and riparian zones
for regulated water on the property and within 50 feet of the property,
including the top of bank, floodway line(s), flood hazard area limit
line(s) and the flood hazard area design flood elevation. All regulated
activities as defined in N.J.A.C. 7:13, Flood Hazard Area Control
Act Rules, shall be delineated and identified on the plan. If none
of these items exist on the property or within 50 feet of the property,
a note stating such shall be provided on the plan.
(10)
The location of existing wooded areas, watercourses, easements, streets,
structures or any other features on the property or beyond the property
which have an effect on the use of the subject property.
(11)
The locations of all existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone cable and data lines and services,
including utility poles.
(12)
The location, use and floor area of each proposed structure.
(13)
The location of all proposed roads.
(14)
The location, design and capacity of proposed off-street parking
and loading facilities, pedestrian circulation plans and solid waste
and recyclable materials storage.
(15)
Plan and profile of proposed storm drainage facilities.
(16)
Plan and profile of sanitary sewer facilities.
(17)
Plans for potable water supply.
(18)
The location and identification of proposed open space, park
or recreation areas.
(19)
Soil erosion and sediment control plan.
(20)
A landscaping plan, including the types, quantity, size and
location of all proposed vegetation with planting details. The scientific
and common names of all vegetation shall be included.
(21)
Lighting plan, including direction of illumination, types of
standards and power and time of proposed outdoor lighting.
(22)
Rights-of-way, easements and all lands to be dedicated to the
municipality or reserved for specific uses.
(23)
A comparison of the zone regulations to the proposed development.
(24)
Bearings and distances of all lot lines.
(25)
Designation of front yards, side yards and rear yards.
(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)
Drainage calculations for all proposed drainage facilities,
including an analysis of the capacity of downstream facilities and
their ability to receive proposed added flow.
(30)
A Stormwater Management Plan in accordance with Chapter 236, Article VB, Stormwater Management, for all applicable developments.
(31)
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.
(32)
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.
(33)
A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property.
(34)
If the site plan is not signed by a licensed land surveyor,
all existing planimetric features, existing building locations and
existing contours shown on the site plan must reference a survey drawing
prepared by a licensed land surveyor, and said survey, signed and
sealed by a licensed land surveyor, shall accompany the site plan
drawing(s) as required by law.
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)
A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property and 17 copies (six copies for expedited waiver of
site plan).
(2)
A sketch of the proposed development superimposed on a copy of the
property survey, with dimensions and distances to adjacent structures
and property lines. The sketch shall include all existing and proposed
uses on the property, geometrically delineated.
I.
Amended site plan or subdivision. In addition to the requirements of Subsection A, all amended site plans or subdivisions shall provide:
(1)
A complete set of the previously approved site plan or subdivision
plan and approving resolution(s), clearly marked with all revisions/amendments
being sought.
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.
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.
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.
[Added 10-9-2018 by Ord.
No. 13-2018[1]]
A.
Escrow. At least one week prior to the beginning of construction
or installation of any required improvements, the developer shall
notify the Municipal Engineer, in writing, of the developer's intention
to commence such work. All improvements and utility installations
shall be inspected during the time of their installation by the Municipal
Engineer or his designee to ensure satisfactory completion, and no
underground installation shall be covered until inspected by the Municipal
Engineer or his designee. The developer shall reimburse the Town for
reasonable inspection fees paid to the Municipal Engineer for the
inspection of improvements, which fees shall not exceed the sum of
the amounts set forth below. The developer shall deposit the necessary
inspection fee with the Planning and Zoning office prior to the start
of any construction or prior to signing the final plat, whichever
shall first occur. The inspection fee shall be in addition to the
amount of any required performance or maintenance guarantees and shall
consist of a sum equal in an amount:
(1)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee; and
(2)
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee, which cost shall be determined
pursuant to N.J.S.A. 40:55D-53.4.
B.
Replenishment of escrow account. If the Town determines that the
amount in escrow for the payment of inspection fees is insufficient
to cover the cost of additional required inspections, the Town may
require the developer to deposit additional funds in escrow, provided
that the Town delivers to the developer a written escrow deposit request,
signed by the Municipal Engineer, which informs the developer of the
need for additional inspections, details the items or undertakings
that require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
C.
Performance guarantee.
(1)
Requirements; form; rights.
(a)
Improvements; cost.
[1]
Prior to the filing of a final subdivision plat, recording of
minor subdivision deeds, or as a condition of final site plan approval,
or as a condition to the issuance of a zoning permit, the developer
shall have filed with the Municipal Clerk a performance guarantee
in favor of the municipality in an amount not to exceed 120% of the
cost of installation of only those improvements required by an approval
or developer's agreement, ordinance or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the Municipal Engineer, including the following
improvements as shown on the approved plans or plat:
[a]
Streets.
[b]
Pavement.
[c]
Gutters.
[d]
Curbs.
[e]
Sidewalks.
[f]
Streetlighting.
[g]
Street trees.
[h]
Surveyor's monuments.
[i]
Water mains.
[j]
Sanitary sewers.
[k]
Community septic systems.
[l]
Drainage structures.
[m]
Public improvements of open space.
[n]
Any grading necessitated by the preceding improvements.
[o]
Privately owned perimeter buffer landscaping, within
an approved phase or section of a development; provided, however that
a developer may choose to post a separate performance guarantee for
the privately owned perimeter buffer landscaping.
(b)
The Municipal Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(c)
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities and hold the Mayor and Board of Aldermen and Town Planning
Board or Zoning Board of Adjustment and their employees and agents
harmless with respect to any acts of the developer, its agents, successors
or assigns.
(d)
The total estimated cost to the Town of constructing all improvements
shall be based upon the estimated contract construction costs, which
would prevail upon expiration of the guarantee period, and shall also
include appropriate allowances for contract-related costs such as
engineering, legal, financial and other usual costs, which shall be
estimated to be 20% of the estimated contract construction costs.
(e)
Such performance guarantee may be in the form of cash, certified
check, negotiable securities, a performance bond issued by a bonding
company or surety company approved by the Mayor and Board of Aldermen
or any other type of surety acceptable to and approved by the Town
Attorney and Mayor and Board of Aldermen, provided that at least 10%
of the performance guarantee shall be in cash or certified check.
The balance of said performance guarantee shall be in the form of
cash, certified check, certificate of deposit, an irrevocable letter
of credit (said letter to be issued by a financial institution whose
deposits are insured by the Federal Savings and Loan Insurance Corporation
or Federal Deposit Insurance Corporation) or a bond issued by a surety
or bonding company authorized to do business in New Jersey; provided,
however, that all rights, including the right to interest with dividends,
shall be assigned to the Town of Dover in a form of assignment acceptable
to the Town Attorney for the period of the bond and that the principal
amount of the passbook or certificate of deposit, together with interest,
shall be returned to the developer upon completion of the bonded improvements,
or, in the event of default, both interest and principal shall be
used by and for the benefit of the Town in the completion of said
improvements.
(f)
The form of the performance guarantee shall be subject to the
approval of the Town Attorney.
(g)
Subject to N.J.S.A. 40:55D-1 et seq., as amended and supplemented,
all rights in the performance guarantee, including the right to any
interest earned on any deposits, shall belong to the Town of Dover.
(h)
Notwithstanding the requirement of Subsection A above, when a letter of credit which has been previously accepted pursuant to Subsection A as a performance guarantee is about to expire, it may be renewed administratively by the Town Attorney, provided that all pertinent requirements are met by the applicant.
(i)
In the event of default, the principal and any interest shall
be used for the benefit of the Town in the completion of the improvements.
(2)
All guarantees authorized by this section shall run to and be in
favor of the Town of Dover in the County of Morris.
(3)
Such performance guarantee shall run for a period to be fixed by
the Mayor and Board of Aldermen, but in no case for a term of more
than two years. However, with the consent of the owner and the surety,
if there is one, the Mayor and Board of Aldermen may, by resolution,
extend the term of such performance guarantee for an additional period
not to exceed one year. The amount of the performance guarantee may
be revised by the Mayor and Board of Aldermen from time to time to
reflect work progress, increasing costs and changing conditions in
regard to the uncompleted or unacceptable portions of the required
improvements. If the required improvements have not been installed
in accordance with the performance guarantee, the obligor and surety
shall be liable thereon, at the option of the municipality, for:
(4)
Municipal Engineer list and report.
(a)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Municipal Engineer shall inspect all improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(b)
The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
(5)
Approval or rejection of governing body.
(a)
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
(b)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection C(4) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
If the governing body fails to approve or reject the bonded improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(c)
In the event that the obligor has made a cash deposit with the
municipality or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the municipality may retain
cash equal to the amount of the remaining safety and stabilization
guarantee.
(6)
If any portion of the required improvements are rejected, the Mayor
and Board of Aldermen 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.
(7)
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Mayor and Board of Aldermen or the Municipal Engineer.
D.
Safety and stabilization guarantee.
(1)
Safety and stabilization guarantee required.
(a)
The developer shall furnish a safety and stabilization guarantee
in favor of the Town of Dover to ensure that the Town has an adequate
guarantee to return the property that has been disturbed to a safe
and stable condition or otherwise implement measures to protect the
public from access to an unsafe or unstable condition.
(b)
The Town shall be permitted to access the guarantee when:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee. Written notice shall
be provided to a developer by certified mail or other form of delivery
providing evidence of receipt.
(c)
At the developer's option, the safety and stabilization guarantee
may be furnished either as a separate guarantee or as a line item
of the performance guarantee.
(d)
The amount of the safety and stabilization guarantee shall be
calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:
(e)
The safety and stabilization guarantee shall be released upon
the determination of the Town Engineer that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
E.
Temporary certificate of occupancy guarantee.
(1)
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee" in favor of the Town of Dover in an amount
equal to 120% of the cost of installation of only those improvements
or items which remain to be completed or installed under the terms
of the temporary certificate of occupancy and which are required to
be installed or completed as a condition precedent to the issuance
of the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee.
(2)
Upon posting of a temporary certificate of occupancy guarantee, all
sums remaining under a performance guarantee which relate to the development,
unit, lot, building, or phase of development for which the temporary
certificate of occupancy is sought shall be released.
(3)
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Municipal Engineer.
(4)
The temporary certificate of occupancy guarantee shall be released
by the Municipal Engineer upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
F.
Maintenance guarantee.
(1)
A maintenance guarantee shall be furnished by the developer prior
to the release of the performance guarantee in an amount equal to
15% of the cost of the installation of the improvements covered under
the performance guarantee along with the following private site improvements:
stormwater management basins, in-flow and water quality structures
within the basins, and the outflow pipes and structures of the stormwater
management system, if any.
(2)
The developer may elect to furnish such maintenance guarantee either
by maintaining on deposit with the Town the 10% cash or certified
check portion of the performance guarantee provided in accordance
with this chapter or by a bond issued by a bonding company or surety
company, or other type of surety acceptable to and approved by the
Town Attorney and Mayor and Board of Aldermen.
(3)
The term of the maintenance guarantee shall begin with the release
of the performance guarantee and shall run for a period of two years.
The guarantee shall automatically expire at the end of the established
term.
(4)
The maintenance guarantee shall be to the effect that the applicant,
developer, owner or user guarantees the complete maintenance of all
improvements for a period of two years from the release of his performance
guarantee. Should the applicant, developer, owner or user fail in
its obligation to properly maintain all improvements, the Town may,
on 10 days' written notice, or immediately in the case of hazard to
life, health or property, proceed with necessary repair or replacement
of any unacceptable improvements and charge the cost thereof against
the guarantee. At the end of the maintenance guarantee, the cash or
certified check on deposit will be returned to the developer less
any sums, properly documented by the Town, which have been expended
to repair or replace any unsatisfactory improvements.
[1]
Editor's Note: This ordinance also repealed former § 236-57,
Performance guaranty for 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.
(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:
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.
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:
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.