Township of East Hanover, NJ Subdivision and Site Plan Review

If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Secretary of the Planning Board for a determination of completeness within 45 days of the submission or it shall be deemed to be properly submitted.

Upon receipt of a complete application for preliminary site plan or subdivision approval as defined herein and in accordance with the rules and regulations of the Planning Board, the Board shall schedule a date of hearing and give due notice to the applicant, who shall, in accordance with the provisions of this chapter and the Municipal Land Use Act, notify the surrounding property owners of such hearing; provided, however, that when reviewing an application for conventional site plan pursuant to Section 34 of the Municipal Land Use Act (N.J.S.A. 40:55D-46), the Planning Board or Board of Adjustment, as the case may be, shall have the power to waive public notice of the hearing.

§ 95-34.1 Principles and standards for site plan review.

[Added 12-14-1982 by Ord. No. 31-1982]

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the Township of East Hanover. The Planning Board shall review the site plan for compliance with all applicable ordinances and the Comprehensive Plan for harmony with surrounding uses and the overall plan for development of the municipality; for the promotion of the health, safety, order, efficiency and economy of the municipality; and for the maintenance of property values and the general welfare. Based upon its review and the degree which it can make positive findings, the Planning Board may approve, conditionally approve, request modifications or deny approval of the site plan based on the following:

The site plan's compliance with all provisions of the municipality's Land Use and Zoning Ordinance including but not limited to off-street parking and loading; signs; lighting; open space and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat.

The site plan's compliance with all requirements and standards of the Subdivision Ordinance, including but not limited to standards for construction, layout dimensions and materials.

The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities.

The design and location of buildings in an efficient and aesthetically pleasing manner.

The adequacy of the screening and landscaping plan.

The location of exterior lighting in terms of safety needs, intensity and glare.

The adequacy of facilities serving the development.

The location, size, extent and configuration of open space areas.

The approving authority may waive those requirements or details specified to be shown on the site plan in any given application if it is determined that said requirements or specifications are not necessary to be shown in order to ensure that said site plan conforms to the standards of good planning, will have no deleterious effect on the neighboring properties and indicates sufficient information to assure adequate protection to health, welfare and safety of the people of the Township.

§ 95-35 Review procedures.

General.

[Amended 8-27-1981 by Ord. No. 21-1981]

Agencies to review application.

[Amended 12-14-1982 by Ord. No. 31-1982]

Upon receipt of an application, the Secretary of the Planning Board shall send a copy to each of the following for report and recommendation:

East Hanover Board of Health.

East Hanover Environmental Commission.

East Hanover Department of Public Works.

East Hanover Police Department.

East Hanover Fire Department.

East Hanover Water Department.

[7]

East Hanover Township Engineer.

[8]

East Hanover Shade Tree Commission

[9]

East Hanover Board of Education.

[10]

East Hanover Sewer Department or Sewer Engineer.

[11]

East Hanover Professional Planner upon determination of the Planning Board of the need of a review of an application.

When required, any transmittal to the New Jersey Department of Environmental Protection, the New Jersey Department of Transportation, the Morris County Planning Board and Morris County Soil Conservation District shall be made by the applicant.

The Planning Board shall have the power to grant the waiver of the submission to any of the above agencies for reports which are not applicable to a particular application.

Minor site plan review; time limitations generally.

The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed below or within such further time as may be consented to by the applicant:

[Amended 5-15-1980 by Ord. No. 3-1980]

	Type of Application	Period of Time for Action by Planning Board (days)
	Sketch plat, minor subdivision	45
	Sketch plat, major subdivision	45
	Preliminary plat, 10 lots or less	45
	Preliminary plat, more than 10 lots	95
	Site plan, 10 acres of land or less and 10 residential units or less	45
	Site plan, more than 10 acres of land or more than 10 residential units	95
	Final plat	45
	Final site plan	45

The Planning Board, upon receipt and review of a proposed site plan, may waive notice and public hearing for an application for conventional development if the Board finds that the application for development conforms to the definition of "minor site plan" as set forth in this chapter. Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to Sections 29, 29.1, 29.3 and 41 of the Municipal Land Use Act (N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53). Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Major site plan approval shall be granted or denied within 95 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute site plan approval.[1]

Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The applicant shall be notified in writing of the Planning Board action within one week of its action.

Whenever review or approval of an application by the County Planning Board is required by the county land development standards, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.[2]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

If the scheduled time for the Planning Board meeting does not allow sufficient time for the Board to reach a determination regarding action on an application within the time prescribed, the applicant shall be requested to consent to an extension of time until such meeting. Failure of the applicant to consent in writing to such extension of time shall constitute automatic denial of the application.

[Amended 8-27-1981 by Ord. No. 21-1981]

Prior to the return of the approved plat or site plan to the applicant, the applicant shall submit sufficient copies to the Secretary of the Planning Board in order to furnish a copy to each of the following:

	Building Inspector/Construction Official
	Township Clerk
	Township Engineer
	Township Tax Assessors
	Secretary of the Planning Board
	Board of Health
	Road and Water Department
	Environmental Commission
	County Planning Board
	Such other agency as may be directed by the Planning Board

Sketch plat. Prior to the subdivision or resubdivision of land within the Township of East Hanover, a sketch plat application shall be filed in accordance with § 95-34 and shall contain all data and information prescribed in § 95-36A.

The Planning Board shall classify the application as either a major subdivision or a minor subdivision. If classified as a major subdivision, no further Planning Board action on the application shall be required and the applicant shall follow the procedures in Subsections C and E of this section for preliminary and final plats. In classifying an application as a major subdivision, the Planning Board may make recommendations or establish conditions to be followed in the preliminary and final plats.

If the application is classified as a minor subdivision, the Planning Board shall approve or deny the application pursuant to Subsection A(3) hereof. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to §§ 95-37A and 95-38.

If the sketch plat is classified and approved as a minor subdivision, the Chairman and Secretary of the Planning Board shall affix their signatures and return the approved plat to the subdivider within one week following action by the Planning Board, following compliance by the applicant with Subsections A and B hereof.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessors. Any such plan or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval; provided that the approved minor subdivision shall have been duly recorded as provided in this section.

[Amended 8-27-1981 by Ord. No. 21-1981]

Preliminary plat and preliminary site plan. Application for approval of a preliminary plat or a preliminary site plan following classification shall be filed in accordance with § 95-34 and shall contain all information prescribed in § 95-36B or D as the case may be.

If the Planning Board finds that the application is in compliance with this chapter and all other ordinances of the Township and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application, following the procedures in § 95-6. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application, which shall be proceeded upon as in the manner of and as if it were on the original application with the same time limitations and procedures.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant preliminary approval.

Preliminary approval shall, except as provided in Subsection C(4) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 95-37B; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.

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.

In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection C(3)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.

Installation of improvements; guaranty agreement.

Improvements for final subdivision approval. Prior to final subdivision approval, the applicant shall have installed all improvements set forth in § 95-37 and all improvements designated upon the applicant's preliminary approvals or, in lieu of the installation of improvements, the applicant may furnish, and the Township may accept, adequate performance guaranties in accordance with Subsection D(4) hereof to assure the installation and maintenance of all improvements not installed and approved.

[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981[3]]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Improvements for final site plan approval. Prior to final site plan approval, the applicant shall have installed any improvements as the Planning Board may determine are necessary prior to building construction; provided, however, that the Township may accept performance guaranties for the later installation of those improvements referred to in Subsection D(1) as well as for on-site improvements and landscaping as required in § 95-37B.

[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981[4]]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Off-tract improvements. Prior to the recording of final subdivision plats and prior to the filing of an application for final site plan approval, the applicant shall have installed or paid his pro rata share of the costs of any off-tract improvements necessitated by his development, as determined in accordance with the requirements of § 95-38.

[Amended 8-27-1981 by Ord. No. 21-1981]

Performance guaranty. Performance guaranty for the later installation of those improvements referred to in Subsection D(1) shall be in favor of the Township of East Hanover in an amount equal to 120% of the cost of such improvements. At least 10% of the performance guaranty shall be in the form of cash, certified check, irrevocable assignment of a savings account or certificate of deposit or an irrevocable letter of credit (sufficient in form and substance to the Township Attorney) made payable to the Township of East Hanover. The cost of the installation of improvements shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Construction Board of Appeals established under N.J.S.A. 52:27D-127.

[Amended 8-27-1981 by Ord. No. 21-1981; 4-18-1996 by Ord. No. 7-1996]

Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final subdivision approval or 12 months from the date of final site plan approval. With the consent of the principal, the performance guaranty may be extended by the governing body by resolution, after the recommendation by the Planning Board by resolution, for an additional period not exceeding 18 months in the case of subdivision approval and 12 months in the case of site plan approval.

[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981]

Reduction of performance guaranty. The governing body may, in its discretion, upon application, in writing, by the developer or subdivider pursuant to N.J.S.A. 40:55D-53, reduce the amount of the performance guaranty upon certification, in writing, by the Township Engineer that certain portions of the required improvements and conditions of the governing body have been properly completed and upon posting of proper guaranties and maintenance bonds, provided that the remaining performance guaranty, maintenance bonds and deposit moneys are adequate to ensure the completion of the remaining improvements.

[Amended 8-27-1981 by Ord. No. 21-1981]

Right to complete. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

Notification of completion. When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, pursuant to N.J.S.A. 40:55D-53, by certified mail addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

[Amended 8-27-1981 by Ord. No. 21-1981]

Time for action. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the actions of the governing body with relation thereto not later than 65 days after receipt of the notice of the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.

[Amended 5-15-1980 by Ord. No. 3-1980]

Rejection of improvements. If any portion of the required improvements is rejected, the governing body may require the obligor to complete and/or correct such improvements, and upon completion and/or correction, the same procedure of notification as set forth in this section shall be followed.

Inspection of improvements and construction. All required improvements shall be installed under the supervision of the Township Engineer. No construction work covering the required improvements shall be commenced unless all requisite fees are paid without the applicant's first notifying the Township Engineer that said construction work is about to take place. Such notice shall be given in writing to the Township Engineer at least one week before the commencement of such work. No required improvements shall be covered until inspected and approved by the Township Engineer.

Agreement. Prior to Planning Board approval of a final subdivision application or final site plan application and prior to any construction by the developer, there shall be executed by the developer and the Township of East Hanover an agreement incorporating all terms and conditions of approval imposed by the Planning Board and the Township ordinances. This agreement shall be referred to as a "developer's agreement." The developer's agreement shall be prepared by the Attorney to the Planning Board. The Planning Board, by resolution of approval for the developer's agreement, shall forward same to the Township Committee for its execution. The Township Attorney shall review the developer's agreement for sufficiency of form and substance prior to execution by the proper Township official. If the developer's agreement meets with the approval of the Township Attorney as to the sufficiency of form and substance, the Township Attorney shall present the developer's agreement to the proper Township official for execution within 30 days of the date of the submission of said developer's agreement to the Township Attorney simultaneously with the execution of the developer's agreement, and the developer shall post the bond, cash performance guaranty and deposits required under this chapter.

[Amended 8-27-1981 by Ord. No. 21-1981[5]]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Maintenance guaranty. In all developer's agreements relating to subdivision approval, there shall be provisions for a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvements in an amount of 15% of the cost of the improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements. The Township Engineer and the Planning Board shall review the maintenance bond; it shall be reviewed by the Township Attorney as to form, sufficiency and execution and approved by the governing body.

[Amended 8-27-1981 by Ord. No. 21-1981[6]]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Inspection fees. The developer's agreement referred to in Subsection D(12) above shall provide that the applicant shall deposit with the Township an inspection fee of 4%, to be paid to the Township Engineer for the inspection of any improvements and construction by the Township Engineer as set forth in the developer's agreement, which fee, if not paid, shall become a lien on any and all performance guaranties and shall also halt the final execution by the Township of the developer's agreement. This inspection fee deposit shall represent a reimbursement to the Township of East Hanover for the costs of inspections of the subdivision or site plan by its employees or agents.

[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981]

Final plat and final site plan. Application for approval of a final plat or a final site plan shall be filed in accordance with § 95-34 and shall contain all the information prescribed in § 95-36C or E, as the case may be. Said application shall be filed within the period prescribed in § 95-34A and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.

If the Planning Board finds that the application is in compliance with this chapter and all ordinances of the Township and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application, following the procedures in § 95-6. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application, which shall be proceeded upon as in the original application with the same time limitations and procedures.

Distribution. If final approval is granted, copies of the plat or site plan shall be filed by the Secretary with the following:

	Township Engineer
	Building Inspector/Construction Official
	Tax Assessors
	Township Clerk
	County Planning Board, if required
	Secretary of the Planning Board
	Board of Health
	Department of Water and Roads
	Environmental Commission
	Such other copies as may be required by the Planning Board

Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection C(3) hereof, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection E(5). If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection E(5), the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection C(3) hereof for the section granted final approval.

Recording of final plat.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the final plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

No final subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signatures of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until all improvements have been installed or until the developer has posted the guaranties required pursuant to Subsection D hereof. If the county recording officer records any plat without such approval, such recording shall be deemed null and void as provided by New Jersey statutes.

[Amended 8-17-1982 by Ord. No. 24-1982]

Installation of improvements prior to issuance of certificates of occupancy. Prior to the issuance of a certificate of occupancy for any lot within a subdivision or site plan involving residential or nonresidential structures within which improvements are required to be installed pursuant to the terms and conditions of preliminary or final subdivision approvals, including roads, infrastructure and other improvements related to the right-of-way shall be installed with exception of the final course of the pavement or other specific improvements related to the certificate of occupancy which have been deferred at the discretion of the Township Engineer. Certificates of occupancy for lots within subdivisions and site plans are issued at the discretion of the Township Construction Official based on review of the requirements of the subdivision and/or site plan by the Township Engineer.

[Added 12-1-1988 by Ord. No. 41R-1988; amended 3-7-1991 by Ord. No. 2-1991]

§ 95-36 Subdivision plat and site plan details.

Sketch plat. The sketch plat shall be drawn by a licensed New Jersey professional engineer or land surveyor on a sheet 24 inches by 36 inches and shall be based on Tax Map information or an accurate survey at a scale of not more than 50 feet to the inch and shall show or include the following information:

[Amended 8-27-1981 by Ord. No. 21-1981]

Location. The location of that portion which is to be subdivided in relation to the entire tract.

Structures and wooded areas. All existing structures with yard setbacks based on ground instrument survey shall be shown, and all proposed building envelopes as designated by the setback requirements of this chapter should be shown and wooded areas within the portion to be subdivided and within 200 feet thereof.

Owners. The name and address of the record owner or owners, the name and address of the developer and the names of all adjoining property owners as disclosed by the most recent Township tax records.

Identity. The tract name and the Tax Map sheet, block and lot numbers of the property to be subdivided. Lot numbers of lots to be created shall be supplied by the Tax Assessor.

Streets, etc. All existing or proposed streets, roads, easements, public rights-of-way, streams, drainage ditches and natural watercourses in and within 200 feet of the subdivision.

Lots. The original and proposed lot layout, lot dimensions and total area of each lot and all applicable setbacks.

Topography. Existing contours based on United States Coast and Geodetic Survey datum at two-foot intervals for slopes of less than 10% and at five-foot intervals for slopes of greater than 10%, to determine the general slope and natural drainage of the land, shall accompany the sketch plat of a major subdivision. The Planning Board may also require submission of topographic data with the sketch plat of a minor subdivision if physical conditions of the land are likely to result in drainage problems or otherwise cause concern in connection with the future development of the property.

Other data. The name and address of the person preparing the map in a title block in conformance with N.J.A.C. 13:40-1 and 40-2, the scale and reference meridian.

[Amended 8-27-1981 by Ord. No. 21-1981]

Zone boundaries. Zone district boundaries, if any, on or adjoining the property to be subdivided and identification of zones.

Taxes. Certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

Soil erosion and sediment control plan. A soil erosion and sediment control plan for a minor subdivision, if required, in accordance with N.J.S.A. 4:24-39 et seq. Said plan shall be submitted to the Soil Conservation District in accordance with said statute, and approval of the application shall be conditioned upon certification of the soil erosion and sediment control plan by the district.

[Amended 8-27-1981 by Ord. No. 21-1981]

Septic systems. Location of existing septic systems on any parcel of land within the confines of the application shall be specifically designated and location of existing septic systems on any adjoining lot within 20 feet of the existing or proposed lot lines.

[Added 5-15-1980 by Ord. No. 3-1980; amended 8-27-1981 by Ord. No. 21-1981]

Existing utilities. The availability of existing utilities should be shown, if pertinent.

[Added 8-27-1981 by Ord. No. 21-1981]

If a wetland survey/letter of interpretation reveals the existence of wetlands or wetland transition areas, then the applicant shall place that area into a conservation easement pursuant to the provisions of Chapter 161 of the Code of the Township of East Hanover. Said easement shall be indicated on all plans submitted in support of the application. Alternatively, the applicant may modify the area with permission of the New Jersey Department of Environmental Protection, for example by way of a transition averaging plan. Such a modification shall be indicated on the plan in support of the application, with supporting documentation to be submitted to the Board.

[Added 9-8-2003 by Ord. No. 23-2003]

Stream Corridor Protection Zone, In addition to the wetland survey requirement, all applications for major or minor subdivisions or major site plan approval shall have a qualified professional perform a survey on the property so as to determine if any part of that property is within Zone One or Zone Two of the Stream Corridor Protection Zone, as defined in Chapter 131 of the Code of the Township of East Hanover. If any portion of the property is within the Stream Corridor Protection Zone, it shall be designated on the plans submitted in support of the application. Further, the proposed development shall allow only permitted uses within the area designated the Stream Corridor Protection Zone. The application shall not entail any prohibited uses in the Township's Stream Corridor Protection Zone on the property unless the applicant submits and has approved a stream corridor management plan pursuant to Chapter 131 of the Code of the Township of East Hanover.

[Added 9-8-2003 by Ord. No. 23-2003]

Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of § 95-39, in strict accord with modern and accepted planning techniques and procedures, by a licensed New Jersey land surveyor and a professional engineer, not either alone, at a scale of not more than 50 feet to the inch, on a sheet 24 inches by 36 inches. The plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which preliminary approval may be granted and shall include:

[Amended 8-27-1981 by Ord. No. 21-1981]

Key map. A key map showing the entire subdivision and its relation to the surrounding areas, at a scale of not more than 400 feet to the inch.

Identify. The tract name; Tax Map sheet, block and lot numbers; date; reference meridian; graphic scale; and the following names and addresses, together with consent to file:

Name and address of subdivider.

Name, address, license number, seal and signature of the person who prepared the map.

Name and address of the record owner, along with certification that the applicant is the owner of the land or his authorized agent or that the owner has given consent, giving names and addresses of both.

The names of owners of all properties located within 200 feet of the extreme limits of the property to be subdivided.

A title block in conformance with N.J.A.C. 13:40-1 and 40-2.

Taxes. Certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

Acreage. The acreage of the tract to be subdivided to the nearest tenth of an acre.

Lots. The lot layout, lot dimensions, the total area of each lot in square feet.

Topography. The topography map shall include the area of the entire property and an area within a one-hundred-foot radius outside the property lines of the subject application. The topography map shall show the final elevations proposed for the corners of each building, the intersection of the setback lines and rear property lines with the side line and the front and rear lot corners. The proposed first floor and ground floor elevations must also be shown. All swales must be indicated with appropriate widths and flow direction symbols and spot elevations. Existing and proposed contours shall be shown at five-foot vertical intervals for slopes averaging 10% or greater and at two-foot vertical intervals for land of lesser slope to determine the general slope and natural drainage of the land and the high and low points. Datum of all elevations shall be that of the United States Coast and Geodetic Survey.

Existing and proposed locations. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas, large trees and rock formations.

Streets. Plans and profiles of all proposed streets within the subdivision and profiles of existing or future continuing streets a minimum distance of 200 feet beyond the subdivision boundaries, with cross sections at fifty-foot intervals.

Sewers, drains, ditches, etc. Plans and profiles of all proposed and existing water mains, gas, electricity, television, sanitary sewers, with building laterals extending two feet beyond the curbs, storm drains, drainage ditches and streams within the subdivision, together with the location, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream to which the proposed facility shall be connected.

[Amended 8-27-1981 by Ord. No. 21-1981]

Individual sewage disposal system. When an individual sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage system is not available, the developer shall have percolation tests made in accordance with local requirements and submit the results with the preliminary plat. Percolation tests shall be made under the supervision of the Board of Health. The Township will receive a fee of $10 per test hole, with a minimum of $25 in each case.

Deed restrictions. A copy of any protective covenants or deed restrictions applying to the land being subdivided.

Soil erosion and sediment control plan. A soil erosion and sediment control plan, if required, in accordance with N.J.S.A. 4:24-39 et seq. Said plan shall be submitted to the Soil Conservation District in accordance with said statute, and approval of the application shall be conditioned upon certification of the soil erosion and sediment control plan by the district.

[Amended 8-27-1981 by Ord. No. 21-1981]

Drainage design data. Map showing the entire drainage area and the drainage area contributing to each pertinent drainage structure, along with drainage tabulation sheets showing calculations for each drainage area and calculations used to determine size of drainage pipes and channels proposed. Each drainage area shall be marked for identification purposes.

Soil filling or removal. The amount of earth, topsoil or other products in or upon the premises which will be moved within the confines of the proposed subdivided premises and the amount of such material which will be removed from the site. None of said materials shall be removed except in accordance with the soil removal permit issued under the provisions of the Soil Removal Ordinance of the Township of East Hanover.[1]

Editor's Note: See Article VIII of this chapter.

Public utilities. The developer shall arrange with the serving utility for the underground installation of the utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are now on file with the State Board of Public Utility Commissioners. Applicant shall submit to the Planning Board, prior to the granting of any final approval, a written statement from each serving utility which shall evidence full compliance with the provisions of this subsection, provided that lots in such subdivision which abut existing streets where overhead television, electric and telephone distribution supply lines have theretofore been installed may continue said overhead service. Whenever the utility is not installed in the public right-of-way, an appropriate utility easement of not less than 15 feet in width shall be provided.

[Added 8-27-1981 by Ord. No. 21-1981]

(16)

[Added 9-8-2003 by Ord. No. 23-2003]

(17)

[Added 9-8-2003 by Ord. No. 23-2003]

Final plat. The final plat shall be drawn by a licensed New Jersey land surveyor and professional engineer, not either alone, on a tracing cloth or Mylar measuring 24 inches by 36 inches in size, at a scale of not more than 50 feet to the inch. The final plat shall show or be accompanied by the following:

[Amended 8-27-1981 by Ord. No. 21-1981]

Identity. Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

Other contents. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.

Public use. The purpose of any easement or land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.

Block and lot numbers. Tax Map block and lot numbers, as supplied by the Tax Assessor, shall be shown.

Setback lines. Minimum building setback lines on all lots and other sites.

Monuments. Location and description of all monuments.

Owners. The names of owners of adjoining property and the names of adjoining subdivisions, if any, and the case and filed map number.

[Amended 8-27-1981 by Ord. No. 21-1981]

Accuracy. Certification by the surveyor as to the accuracy of details of plat.

[Amended 8-27-1981 by Ord. No. 21-1981]

Consent of owner. Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

Approval. When approval of a plat is required by an officer or body of the Township, county or state, approval shall be certified on the plat.

Improvement construction plans. Improvement construction plans shall be prepared on a sheet measuring a 24 inches by 36 inches, at a scale of not less than 50 feet to the inch and drawn by a licensed New Jersey professional engineer, showing proposed construction, including plans, cross sections and profiles of streets, storm and sanitary sewers, water mains and other utility layouts.

[Amended 8-27-1981 by Ord. No. 21-1981]

Topography. Final contours of the land according to the requirements of Subsection B(6) hereof.

Taxes. A written certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

Lot grading plans. The lot grading plan shown on the topographic map prepared for the preliminary plat shall be revised to suit the final map and improvement construction plans and shall be submitted as a separate lot grading plan. Following final approval, applicant shall make application for building permits pursuant to Township ordinances and in conformity with the requirements of the Uniform Construction Code.[2] The building permit application shall include a preliminary location survey which shall contain, in addition to other requirements of the Construction Official or Township Engineer and not by way of limitation, the location of the proposed foundation, proposed elevations of finished basement floor and first floor and proposed final lot grading elevations in accordance with the final subdivision approval. Subsequent to the issuance of the building permit and at the time of the foundation inspection, the applicant shall submit a location survey containing the location of the constructed foundation and the proposed and existing final grading elevations for said lot. Applicant may submit the final location survey containing proposed final grades which differ from the grades proposed on the preliminary location survey, provided the altered grades shall not adversely affect the grading of the contiguous lots and the overall grading plan for the subdivision, and provided further that said final location survey shall be subject to the approval of the Township Engineer. In the event the Township Engineer disapproves the final grading plan, the developer shall amend the plan accordingly in order to receive approval from the Township Engineer. Once the final location survey as presented or amended has been approved by the Township Engineer, the final grades noted thereon shall be binding upon the applicant and no certificate of occupancy shall be issued unless and until the approved final grades are met. After approval of the final location survey and before commencing further construction, the applicant shall grade the lot at each of its corners and along the side lines at the point of the building setback line to within six inches plus or minus of the final grades contained on the approved final location survey and shall submit an Engineer's certification that said grading has been completed as required. Applicant, however, shall not be required at that time to backfill the foundation. At such time as the dwelling shall be completed and the applicant shall apply for a certificate of occupancy, all lot improvements required shall be completed, as set forth above, including the final lot grading, which shall conform exactly to the final grade elevations on the approved final location survey. Applicant shall submit an Engineer's certification that said grading has been completed as required.

[Amended 8-27-1981 by Ord. No. 21-1981]

Editor's Note: See Ch. 75, Construction Codes, Uniform.

Topsoil protection. No topsoil shall be removed from the site or used as spoil except if permitted by the soil removal permit. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

Preliminary site plan. The preliminary site plan shall be drawn at a scale of not more than 50 feet to the inch and shall include such details as may be necessary to properly evaluate the application and determine compliance with this chapter. Any site plan involving any new building or addition thereto or any site improvements shall be drawn by a licensed New Jersey professional engineer or land surveyor or architect. Where complicated or serious sanitary sewage and/or stormwater runoff collection and disposal problems are involved, then such site work plan must be prepared by a licensed professional engineer having expertise in such matters. Where applicable to the proposed use or construction, the following information shall be clearly shown:

[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981; 12-14-1982 by Ord. No. 31-1982]

Key map drawn at a scale of not more than one inch equals 100 feet showing the location of the property, all streets and property lines within 500 feet of the affected property, and all buildings or structures are within 300 feet of the building or structure proposed by the applicant.

The name and address of the owner and site plan applicant together with the names of the owners of all contiguous land and of property directly across the street and within 200 feet of the property, as shown by the most recent tax records of the Township.

North point, scale and the date on which the plan was prepared, and the date of every revision.

Tax Map lot and block numbers of the property affected.

Zoning district in which the property is located.

Area of the lot and all lot line dimensions.

A table indicating zoning requirements and development proposals.

Location of all existing buildings, culverts, storm sewers, sanitary sewers, water, fire protection, electric and telephone lines (both above and below ground) and poles, gas and underground heating systems, pipelines and other manmade features, including fences and walls.

Location of all existing streets and highways on or adjacent to the property affected, including names, right-of-way width, pavement width, curb or curb width.

Location of all existing easements and rights-of-way and the purpose for which they have been established.

Location of existing high points, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded areas with a diameter of 12 inches or more as measured three feet above the base of the trunk and other significant existing features, including previous flood elevations of watercourses, marsh and wetland areas as determined by survey and by the State of New Jersey.

The existing and proposed contours on the site and for 100 feet outside the property at two-foot intervals for areas less than five-percent grade and ten-foot intervals above five-percent grade. A reference bench mark should be clearly designated.

Elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed and at such locations designated by the Township Engineer.

Tentative building floor plans and front, rear and side building elevations, showing building materials. Said plans shall be at a scale of not less than 1/8 inch equals one foot. Said plans shall be drawn by a licensed architect when the building(s) or addition(s) thereto exceeds 2,500 square feet in ground floor area.

The present status and contemplated use of all existing buildings on the property.

(16)

Location of proposed buildings and structures and all accessory structures, if any, including setback side lines and rear yard distances.

(17)

All proposed streets with profiles indicating grading; and cross sections showing width of roadway, location and width of sidewalk.

(18)

Specifications for and location of proposed surface paving and curbing.

(19)

The location, type and size of proposed culverts, storm sewers, sanitary sewers, fire protection, electric and telephone lines and poles, gas and underground heating systems, pipelines and all other utilities both above and below ground including the connection of such proposed facilities with existing facilities according to the standard specifications of the Township.

(20)

Septic systems. Location of existing septic systems on any parcel of land within the confines of the application shall be specifically designated, and the location of existing septic systems on any adjoining lot within 50 feet of the existing or proposed lot lines.

(21)

The location of all off-street parking areas and off-street loading facilities, showing the number, location and dimensions of parking spaces, loading areas, curb stops, bumpers, traffic aisles, traffic patterns, curb radii and type of pavement.

(22)

A landscaping and buffering plan showing what will remain and what will be planted, indicating species of plants, trees and dimensions, approximate time of planting and method of planting (bare-rooted, ball and burlap) and maintenance plans, seeding schedule, slope stabilization.

(23)

All fences, walls, sidewalks or similar features to be provided.

(24)

The design and details of any retaining walls, manholes, headwalls, retention basins, detention basins, etc.

(25)

Lighting details indicating the type and height of light standards, locations, radius of light, type of light and intensity in footcandles.

(26)

Proposed design and location of signs.

(27)

Soil analysis as deemed necessary by the Township Engineer, including borings, test pits, groundwater information, samples and analysis of engineering properties.

(28)

Aerial photographs and other photographs illustrating site details.

(29)

A copy of any protective covenants or deed restrictions applying to the land, if applicable.

(30)

An environmental impact statement in accordance with § 95-39.1 of this chapter.

(31)

Legends and signature blocks as appropriate.

(32)

The applicant shall submit to the approving authority a proposed sequence of development with a projected time schedule for completion of each of the several elements. Such projection shall include, where applicable, the removal of structures, trees and brush, temporary drainage considerations, utilities, road and sidewalk improvements and provisions for the protection of topsoil.

(33)

Morris County Planning Board and other state and county approvals as may be appropriate.

(34)

A soil erosion and sediment control plan, if required, in accordance with N.J.S.A. 4:24-39 et seq. Said plan shall be submitted to the Morris County Soil Conservation District in accordance with said statute, and approval of the application shall be conditioned upon certification of the soil erosion and sediment control plan by the district.

(35)

A map showing the entire drainage area and the drainage area contributing to each pertinent drainage structure, along with drainage tabulation sheets showing calculations for each drainage area. Each drainage area shall be marked for identification purposes.

(36)

Official seals and signatures of a licensed professional engineer, land surveyor and architect.

(37)

Additional information. The approving authority may require other information and data for specific site plans. This data may include, but is not limited to, geologic information, water yields, flood data, environmental information, traffic counts, road capacities, market information, economic data and similar exhibits. This information shall be deemed to be required unless specifically determined to be unnecessary by the approving authority as provided in Subsection D(38) below.

(38)

If it can be demonstrated by the applicant that because of peculiar conditions relating to the property or proposed construction, any of the above details are not necessary or additional data is necessary to properly evaluate the site plan, the approving authority, by way of a specific written resolution, may modify or waive any of the specific site plan details or require such additional data, specifications and information.

(39)

An application shall be deemed incomplete, and the review period shall not begin to run, until all the requirements of this section are satisfied.

(40)

[Added 9-8-2003 by Ord. No. 23-2003]

(41)

[Added 9-8-2003 by Ord. No. 23-2003]

(42)

A plan illustrating the storage location of a six-inch snow event, commonly referred to as a "snow storage plan."

[Added 12-7-2020 by Ord. No. 10-2020]

Final site plan. The final site plan shall be drawn by a licensed New Jersey professional engineer or land surveyor or architect in the same manner as the preliminary site plan and shall clearly show all details prescribed in Subsection D hereof. In addition, the final site plan shall show or include the following:

[Amended 8-27-1981 by Ord. No. 21-1981]

Final contours of the property and for 100 feet outside the property at two-foot intervals when new buildings or parking areas are proposed. If only a portion of the property is being developed, contours need only be shown for said portion and 100 feet beyond.

Final elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed.

Final building floor plans and front, rear and side building elevations, showing building materials.

Location and description of proposed signs and outdoor lighting.

A detailed plan for proposed landscaping showing the size, species and spacing of trees and plants and other landscaping treatment of unpaved areas.

§ 95-37 On-tract improvements for site plans and subdivisions.

[Amended 5-15-1980 by Ord. No. 3-1980; 3-19-1981 by Ord. No. 3-1981; 8-27-1981 by Ord. No. 21-1981; 8-17-1982 by Ord. No. 24-1982]

Prior to final subdivision approval or final site plan approval, the applicant shall have installed all improvements or furnished performance guaranties as set forth in § 95-35D, where applicable, for the ultimate installation of the improvements described below as set forth in preliminary approvals.

Required installations for subdivisions.

Streets. To be graded and constructed in accordance with the design standards and specifications in § 95-39A(2) of this chapter.

Curbs and sidewalks.

Curbs shall be constructed on both sides of the pavement in accordance with the design standards and specifications in § 95-39A(2)(s) of this chapter.

Sidewalks shall be constructed by the developer along both sides of any street; provided, however, that, for any major subdivision seeking preliminary approval which meets all of the zone requirements and/or for any major subdivision for which final approval has been obtained but sidewalks have not yet been installed, the Planning Board may grant a waiver as to either side or both sides of the proposed streets, unless said sidewalks are necessary to provide adequate access to schools. If the sidewalks are within 1,000 feet of a school or along a primary road designated as such by the governing body, a sidewalk waiver request shall not be approved nor granted. In the event that the Planning Board deems it appropriate to waive by resolution the requirements for sidewalks on either or both sides of the proposed streets, it shall require the developer to pay to the Township a sum approximately equal to the cost of the sidewalks waived, to be used by the Township either for the installation of sidewalks at a future date or for beautification of the particular subdivision within what shall be deemed an appropriate period. In the event that the Township fails to use said funds within a period of seven years after they are deposited with the Township, said funds shall be transferred to the Township's general funds. Prior to the expiration of the aforesaid seven-year time period, said funds shall be held in an appropriate escrow account, entitled the name of the development in question, and said funds shall be invested at the highest available rate of interest, which investment income shall accrue to and be added to said fund. If the chief financial officer shall deem it appropriate, the chief financial officer of the Township may commingle said escrowed funds with other funds of the Township in order to achieve the highest rate of return. Annually, the chief financial officer shall prepare and submit to the Township Committee an accounting as to each escrow fund established under the terms of this ordinance with an investment income earned on the escrowed funds credited to each escrow account.

[Amended 3-15-1984 by Ord. No. 4-1984]

Drainage facility. Provisions shall be made for culverts, catch basins, stormwater drains, detention and retention basins and other necessary drainage facilities. All such installations shall be connected with an adequate approved system and shall be adequate for all present and future development of the subdivision and surrounding areas and subject to the specifications of the Township Engineer and Planning Board.

Water mains. To be installed and approved in accordance with the standards and specifications of the East Hanover Township Water Engineer.

Sanitary sewer. Where a public sanitary sewer system is accessible, each lot within a subdivision shall be provided with sewage disposal facilities by the required extension of sewer mains and connection thereto. All such installations shall be made in accordance with construction standards of the Township and approved by the Township Engineer and the State Department of Environmental Protection. The public sanitary sewer is not considered accessible, and therefore no connections can be made for those areas so prohibited as set forth in § 95-46O.

Private disposal system. Where a public sanitary sewer system is not accessible, the subdivider shall construct an individual sewage disposal system for each lot or may be required to install sewer lines and a private sanitary sewer disposal plant. All such installations shall be subject to the approval of local and state health agencies, the Township Engineer and the Township Sewer Department and the East Hanover Township Board of Health.

Monuments. To be of the size and type required by Chapter 141 of the Laws of 1960[1] and shall be placed in accordance with the requirements of said statute and the specifications of the Township.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

Shade trees. The subdivider shall install shade trees of the size, quality and variety approved by the Shade Tree Commission of the Township of East Hanover. The shade trees shall be located along the street line as directed by said Shade Tree Commission.

Street signs. To be of the same type and design as the street signs currently in use and shall be installed in accordance with applicable Township requirements and state statutes in such a manner that the name of each intersecting street is clearly visible to approaching traffic.

Fire hydrants, etc. Fire hydrants and fire alarm boxes shall be installed at intervals as directed by the Water and Fire Departments in accordance with the standards of the National Board of Fire Underwriters or other applicable authority.

Streetlighting. Streetlights shall be installed as directed by the Township Streetlights Committee and in accordance with recommended practice of street and highway lighting of the Illuminating Engineering Society, where it is required by the Planning Board, along the streets within and abutting the subdivision. All fixtures or luminaries which will be required in a subdivision shall be installed at the same time, thereby constituting a single process of installation. All wires necessary to serve the streetlighting system shall be placed underground, and arrangements shall be made with the appropriate utility for carrying out this provision. Construction and maintenance easements shall be provided for such installations. The subdivider shall pay the cost of operating said streetlights until such time as the said lights which are installed shall be accepted by resolution of the Township Committee as part of the acceptance of a public street of the Township. At the time of final approval, the subdivider shall deposit with the Township cash in an amount equal to twice the annual billing rate, as determined by the appropriate utility which shall provide streetlighting. The Township shall utilize said cash deposit to pay the annual billings for such streetlighting in the subdivision until the streets are accepted by resolution of the Township Committee, at which time the Township will return to the subdivider the remaining cash on deposit, if any.

Topsoil. No topsoil shall be removed from the subdivision site or used as spoil or fill. In addition, topsoil removed during the course of construction shall be redistributed in the subdivision so as to provide equal distribution of cover to all areas of the subdivision and shall be stabilized by seeding and planting. At least six inches of topsoil shall be provided on all portions of lots not occupied by buildings, driveways or walks.

Earth removal. No change shall be made in the elevation or contour of any lot or site other than a required minimum amount, as determined by the Engineer and Planning Board in accordance with the Township's Soil Removal Ordinance.[2]

Editor's Note: See Article VIII of this chapter.

Disposal of dead trees, etc. All stumps, litter, rubbish, brush, weeds, dead and dying trees, rock, roots and debris shall be removed or destroyed immediately upon the request of and to the satisfaction of the Engineer. None of the same shall be buried without written permission of the Planning Board upon recommendation of the Township Engineer.

Other items. The Board may impose other conditions where specific problems peculiar to any particular development exist which are likely to be detrimental to the public safety and general welfare of the Township, or may, for good cause for the same, change or modify any of the foregoing.

Required installations for site plans.

Pavement. All parking and loading areas shall be paved in accordance with the design standards and specifications in § 95-39B(14) of this chapter.

[Amended 8-27-1981 by Ord. No. 21-1981]

Drainage. All parking and loading areas shall be graded and equipped with adequate drainage facilities as approved by the Township Engineer.

Marking. All parking and loading spaces shall be appropriately marked with painted lines.

Lighting. Adequate lighting of all parking and loading areas shall be provided as required by the Planning Board.

Screening. All off-street parking and loading areas shall be effectively screened on any side which adjoins or faces premises situated in any residential zone, by a fence, wall or screening not less than four nor more than eight feet in height, maintained in good condition; provided, however, that a screening or hedge or other natural landscaping consisting of four-foot-high evergreen plants in two rows five feet apart and with plants five feet apart in each row may be substituted for the required fence or wall if approved by the Planning Board. The screening as required by this subsection shall not be waived by the Planning Board. Where parking is located in a front yard, the Planning Board may require construction of landscaped berms up to a height of five feet with slopes at a ratio of not less than 2:1.

[Amended 8-27-1981 by Ord. No. 21-1981; 3-20-1997 by Ord. No. 6-1997]

Curbing. Parking areas shall be enclosed by curbing in accordance with design standards and specifications in § 95-39B(17) of this chapter unless waived by the Planning Board when drainage runoff can be absorbed by surrounding soil without causing erosion or flooding to adjoining landowners, located at least five feet from any property line or nearest structural wall of a building, except that in the nonresidential zones, parking areas may be constructed up to the property line which abuts a parking area on property in the nonresidential zone, and further provided that proper access and circulation between the two parking areas is provided.

[Amended 8-27-1981 by Ord. No. 21-1981]

Sidewalks. Sidewalks shall be constructed within the street right-of-way in accordance with Township specifications.

Landscaping. All portions of the property shall be landscaped as follows, and said landscaping requirements shall not be waived by the Planning Board:

[Amended 12-14-1982 by Ord. No. 31-1982; 3-20-1997 by Ord. No. 6-1997]

All portions of the property shall be attractively landscaped, incorporating grass lawns, trees and shrubs.

Shade trees shall be installed within street rights-of-way in accordance with requirements of the Shade Tree Commission.

All newly planted shade trees shall be of nursery stock, be balled and burlapped, and be of a specific species approved by the approving authority and/or the Shade Tree Commission.

Minimum size of plantings to be installed shall be as follows:

Deciduous trees: 2 1/2 inches caliper.

Evergreen trees: five feet in height.

Shrubbery: two feet in height.

Plantings greater in height may be required by the approving authority to achieve specific purposes of this chapter or if required by other regulations or ordinances of the Township.

Each off-street parking area shall have a minimum area equivalent to one parking space per every 10 parking spaces landscaped, with 1/2 of said spaces having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility and shall not be construed as meeting the requirements for buffers or screening as specified in this chapter.

Buffers and screening shall be provided per § 95-47A(6).

Existing large trees shall be saved by not varying the grade around the tree by more than six to 12 inches, by constructing free wells and by erecting protective fences. Wherever possible, clumps of trees shall be saved rather than individual trees unless an individual tree is one of distinctive, rare, mature or unusual quality.

§ 95-38 Off-tract improvements.

As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments or, with the consent of the Township, installed all off-tract improvements stipulated by the Planning Board in the manner provided below with respect to the immediate or ultimate installation of any required off-tract improvements stipulated by the Planning Board.

Allocation of costs; criteria in determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Township, or any one or more of the foregoing, shall be determined by the Planning Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site improvements, the estimated time of construction of the off-site improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). In addition, the following criteria may also be considered, as well as any other reasonable criteria:

Street, curb, sidewalk, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.

Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

The percentage relationship between the acreage of the application and the acreage of the total drainage basin.

The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

The use, condition or status of the remaining area in the drainage basin.

Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Planning Board with the advice of the Township Engineer and appropriate Township agencies.

Manner of construction. When those estimates are received and the work is not to be done exclusively by the applicant as specified by the Planning Board, the Township Committee shall then decide whether the off-tract improvement is to be constructed:

By the Township as a general improvement, or

By the Township as a local improvement, or

By the applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan.

Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the Township of one of the following amounts:

If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.

If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection D(1), the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

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.

Payment of allocated cost.

The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.

In the event the payment by the applicant to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then the applicant shall be required to pay its additional appropriate share of the cost thereof.

In the event the payment by the applicant to the Township Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successors or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable, it may challenge them and seek to have them reviewed in appropriate proceedings brought to compel subdivision approval.

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.

Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or his successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Township Treasurer pertaining thereto. The applicant or his successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.

Credit for work performed. In the event the applicant, with the Township's consent, decides to install and construct the off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Township in the same manner as if the subdivider had deposited its apportioned cost with the Township Treasurer as provided herein.

Installation of improvements by applicant.

At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.

In the event the Township so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

Design standards. Should the applicant and the Township enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, it shall observe all requirements and principles of this chapter and other Township ordinances in the design of such improvements.

§ 95-39 Design standards.

Subdivisions.

General. The applicant shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:

Development pattern. The subdivision plat shall conform to design standards that will encourage good development patterns within the Township.

Conformance to Master Plan and Official Map. Where either or both an Official Map or Master Plan has been adopted, the subdivision shall conform to the proposals and conditions shown therein. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in the approval of subdivision plats.

Further conformance. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with the applicable statutes of New Jersey and shall be such as to lend themselves to the harmonious development of the Township so that natural features, such as trees, brooks, hilltops and natural topography, shall be preserved as much as possible.

Streets.

General. Streets shall be designed in accordance with the requirements of the Township of East Hanover and constructed in accordance with Subsection A(2)(f) hereof.

[Amended 8-27-1981 by Ord. No. 21-1981]

Arrangement. The arrangement of streets now shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.

Minor streets. Minor streets shall be so designed as to discourage through traffic.

Marginal access. Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the Planning Board may determine appropriate.

Right-of-way width. The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet unless a greater width is shown on the Master Plan or Official Map. The width of the right-of-way for any proposed industrial subdivision and/or site plan shall be 60 feet from lot line to lot line unless otherwise designated and approved by the Planning Board.

[Amended 5-15-1980 by Ord. No. 3-1980]

Pavement.

The pavement width of public streets shall be measured from curb to curb and shall not be less than 30 feet unless a greater width is shown on the Master Plan. The pavement width for any proposed industrial subdivision or site plan shall be 40 feet from curb to curb unless otherwise designated or approved by the Planning Board.

[Amended 5-15-1980 by Ord. No. 3-1980]

Streets shall be paved with a surface cover of fine aggregate bituminous concrete two inches thick after compaction, on a bituminous concrete stabilized base course four inches thick after compaction, construction on a stable subbase and approved by the Township Engineer.

[Added 8-27-1981 by Ord. No. 21-1981]

Private street. Any private street hereafter created for the purpose of providing access to lots or buildings shall meet the following requirements:

Said street shall have a right-of-way of at least 50 feet definable by bearings and dimensions incorporated in the deed or deeds of the property or properties it serves.

The establishment of any such street shall include provision for access to all properties it adjoins, and no such street which would eliminate existing access to any property shall be created.

Provisions shall be made to ensure proper and continuous maintenance by the owner or owners of any such street hereafter created.

Included with the creation of any such street shall be the granting to the Township of East Hanover and other public agency or public utility company of any necessary utility easements.

Said street shall be improved with pavement, curbs, sidewalks, drainage and other utility facilities as found necessary by the Planning Board based upon anticipated type and volume of traffic, stormwater conditions and other utility requirements. In determining the necessary improvements, the Planning Board shall be guided by the standards and requirements for public streets.

(h)

Reserve strips. No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.

(i)

Existing streets. Subdivisions that adjoin or include existing streets that do not conform to the widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

(j)

Grades. Street grades shall not be less than 1/2 of 1% nor more than 6% for arterial or collector streets and 10% on all other streets.

[Amended 8-27-1981 by Ord. No. 21-1981]

(k)

Intersections. Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 25 feet.

(l)

Street jogs. Street jogs with center-line offsets of less than 125 feet shall be prohibited.

(m)

Tangents. A tangent at least 100 feet long shall be introduced between reverse curves.

(n)

Street line deflection. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for residential streets and 300 feet for arterial and collector streets.

[Amended 8-27-1981 by Ord. No. 21-1981]

(o)

Changes in grade. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and minimum sight distance of 200 feet measured between two points each four feet six inches above the surface of the pavement.

[Amended 8-27-1981 by Ord. No. 21-1981]

(p)

Dead-end streets (culs-de-sac). Dead-end streets shall not be longer than 1,000 feet and shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and with a paved radius of 40 feet at the property line and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the right-of-way to the adjoining properties. In any proposed industrial subdivision or site plan, the right-of-way radius of the turnaround (cul-de-sac) shall be 60 feet, with a paved radius of 50 feet at the property line and tangent whenever possible to the right side of the street. Wherever a temporary or permanent turnaround is proposed on any street, the front yard setback shall be measured from the right-of-way lines of these turnarounds.

[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981[1]]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(q)

Street names. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

(r)

Construction. Construction of streets, curbs and sidewalks shall be in conformance with Township ordinances and regulations.

(s)

Curbs. Curbing shall consist of concrete or granite block curbing six inches above the paved surface, when required.

[Added 8-27-1981 by Ord. No. 21-1981]

(t)

Sidewalk specifications. Concrete sidewalks of a minimum width of four feet and a minimum depth or thickness of four inches shall be constructed and approved by the Township Engineer.

[Added 8-27-1981 by Ord. No. 21-1981]

Blocks.

Length and width. Block lengths and width or acreage within bounding roads shall be of such sizes and shapes as to accommodate the size of lot required in the area by the Zoning Article of this chapter and as consideration of topography and street layout shall dictate and to provide for convenient access, circulation control and safety of street traffic.

Crosswalks. In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.

Lots.

Dimensions. Lot dimensions and area shall be not less than the requirements of the Zoning Article of this chapter.

Side lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Frontage. Each lot must front upon an approved street at least 50 feet in width.

Setbacks. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line and all setbacks shall be measured from such line.

Suitability. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.

Public use and service areas.

Easements. In large-scale development, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments concerned.

Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way at least 15 feet in width conforming substantially with the lines of such watercourse, and of such further width or construction, or both, as will be adequate for the purpose.

Natural features. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.

Stormwater drainage.

[Amended 8-27-1981 by Ord. No. 21-1981; 12-14-1982 by Ord. No. 31-1982]

General Requirements.

All streets shall be provided with manholes, catch basins and pipes where the same may be necessary for proper surface drainage. On-site facilities may be permitted. Additionally, all work shall be in accordance with the established design standards of the Township.

The system shall be adequate to carry off or store the stormwater and natural drainage water which originates not only within the lot or tract boundaries, but also that which originates beyond the lot or tract boundaries. No stormwater runoff, natural drainage water or water discharged from any source shall be so diverted as to overload the existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. Over-the-sidewalk, under-the-sidewalk and/or through-the-curb drains for the purpose of disposing of sump pump and/or roof leader runoff is prohibited. These facilities must outlet into an adequate watercourse or drainage system as approved by the Township Engineer. Specific findings shall be made by the Township Engineer in this regard for review and adoption by the approving authority as part of its written resolution (findings of facts).

Techniques for computing stormwater runoff shall be as approved by the Township Engineer. The rational method of surface water runoff computation may be used for storm sewers and open channels with drainage basins up to 25 acres in area.

The coefficient of runoff should be based on good engineering judgment and should take into account the ultimate use of the total drainage area. The range of coefficients is listed below:

	Description of Area	Runoff Coefficient
	Residential	0.50
	Other (industrial, commercial)	0.75 to 0.90 as per Township Engineer

Rainfall intensity should be based on rainfall curves for northern New Jersey. The design storm frequency shall be 25 years, except that a one-hundred-year design storm frequency criteria shall be used when specifically required by the approving authority or the Township Engineer in individual cases and as mandated by other governmental entities having jurisdiction. Minimum inlet time shall be 10 minutes.

Manning's formula shall be used for design of pipes and open channels where the coefficient of roughness (n) is:

	Description	n
	Reinforced concrete pipe	0.013
	Corrugated metal pipe	0.024
	Corrugated metal pipe, coated and 25% paved	0.022
	Corrugated metal pipe with smooth asphalt lining	0.013
	This formula may be modified, recalculated and redesignated in the discretion of the Township Engineer.

[7]

Storm sewers, open channels, bridges and culverts, unless otherwise directed by the Township Engineer, shall be designed for minimum flow capacities as follows:

	Type	Design Capacity
	Drainage systems¹	25 years
	Drainage structures²	100 years
	Open channels	As determined by Township Engineer

	NOTES:
	¹The term "drainage systems" refers to the composite of all drainage infrastructure improvements.
	²The term "drainage structures" refers to particular drainage infrastructure improvement such as bridges and culverts.

[8]

The materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction of the New Jersey State Highway Department, current edition, and any supplements, addenda and modifications thereof unless otherwise specified by the Township Engineer. Modifications or change of these specifications may be requested by the applicant but may be implemented only with the knowledge and written consent of the Township Engineer.

[9]

Lots shall be graded to secure proper drainage away from buildings and into streets, where possible. Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow and, to the extent possible, and unless specifically approved in writing by the adjacent property owner and incorporated into appropriate resolution by the approving authority, water shall not flow across adjacent property lines.

[10]

Approval for drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Each applicant shall make application to the State Division of Water Policy and Supply of the Department of Environmental Protection, the Morris County Engineering Department, the Township Engineer and, if applicable, the United States Army Corps of Engineers. Letters of approval from the appropriate governmental authorities shall be furnished to the Township Engineer, with copies to the approving authority, prior to the granting of final approval.

[11]

Where required by the Township and a lot or tract is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the lines of such watercourse, and such further width or construction or both as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the Township and, in any event, meeting any minimum widths and locations shown on any adopted official map or Master Plan. Such easement dedication shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided for and expressed in the Land Development Ordinance of the Township."

[12]

Where appropriate, seepage pits may be required in order to recharge acquifers.

Major developments.

Major developments include all residential, governmental, commercial or industrial developments which add one or more acres of impervious surface, and to all other developments which pose a significant potential for pollution of surface or ground waters.

The flood and erosion control standard for detention will require that volumes and rates be controlled so that after development the site will generate no greater peak runoff at the site than prior to development, for either a two-year, ten-year, and one-hundred-year storm considered individually. Such storms may be computed either as a Type II twenty-four-hour storm under United States Soil Conservation Service procedures, (United States Soil Conservation Service, Urban Hydrology for Small Watersheds, Technical Release No. 55, January 1975) or as the estimated maximum rainfall for the estimated time of concentration of runoff at the site. Tabulations of estimated maximum rainfall are available from the New Jersey Department of Environmental Protection and shall be the basis for calculation unless more reliable localized data is available, which then shall be used accordingly.

The water quality requirement for detention will require prolonged retention of a small-design storm which shall be either a one-year-frequency Type II storm or a storm of 1 1/4 inches of rainfall in two hours. Provisions shall be made for it to be retained and released so as to evacuate 90% in approximately 18 hours in the case of residential developments and 36 hours in the case of other developments. This is usually accomplished by a small outlet at the lowest level of detention storage, with a larger outlet or outlets above the level sufficient to control the small design storm. If the above requirement would result in a pipe smaller than three inches in diameter, the period of retention shall be waived so that three inches will be the minimum pipe size used. Where soils have sufficient permeability, the production of zero runoff from the site will be considered sufficient to meet the water quality requirement for residential developments, provided that the groundwater does not rise to within two feet of the bottom of the detention basin. For other than residential developments, approvals will be on a case-by-case basis after technical review by the Township Engineer. The object of this review will be to avoid pollution of groundwater.

Floodplain development.

There will be no detention basins in the floodway.

Stormwater drainage analysis for development located in floodplains is to determine the adequacy of proposed detention measures during the one-hundred-year flood applying the one-hundred-year-design storm to both the site and to the entire watershed contributing to the floodplain, assuming that the two peak simultaneously. The time of concentration assumed for the entire watershed should be that appropriate to the larger area, rather than the shorter period applicable to the site.

All development in the floodplain must be in compliance with all applicable regulations under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.

In default of an analysis such as described above, detention storage provided by construction of dikes or embankments below the elevation of the one-hundred-year flood (either specifically calculated or taken from an official floodplain delineation map) will be credited as effective storage at a reduced proportion as indicated in the table below:

TABLE 1: ALLOWABLE PROPORTION OF STORAGE TO BE ASSUMED USABLE IN DETENTION BASINS BELOW THE LEVEL OF THE ONE-HUNDRED-YEAR FLOOD, IN DRAINAGE BASINS OF VARIOUS SIZES

	Drainage Basin Area at Site
Elevation of storage provided below 100-year flood level	Less than 5 Square Miles (percent)	5-100 Square Miles (percent)	Over 100 Square Miles (percent)
Less than 2 feet	40	65	90
2-4 feet	25	50	75
Over 4 feet	10	25	50

This effective detention storage, plus other supplementary measures, will be required to provide for stormwater detention in accordance with established standards. However, the gross storage considered for this evaluation will not exceed that which would be filled by runoff of a one-hundred-year storm at the site.

In making computations under the method described above, the volume of net fill added to the flood hazard area portion of the project site will be subtracted from the capacity of effective detention storage provided. Net fill is defined as the total amount of fill created by the project less the amount of material excavated during the construction of the project, both measured below the elevation of the one-hundred-year flood but above the elevation of low water in the stream.

Alternatives to detention basins.

In lieu of or in combination with detention basins, basic requirements maybe satisfied by means of rooftop storage, tanks, infiltration pits, dry wells or gravel layers underneath paving, with appropriate consideration for length of life and feasibility of continued maintenance. Vacuum street sweeping may be substituted for the water quality requirement, in cases in which continuity of the service can be assured, and where the pollution in question originates on the pavement.

Maintenance and repair.

Applicant shall indicate responsibility for long-term maintenance of detention basins or other stormwater facilities.

A schedule of maintenance inspections shall be established.

Agreements shall be prepared providing, in the case of privately owned and maintained drainage facilities, that in the event maintenance or repair is neglected, the Township and/or County of Morris has the authority to perform necessary work and charge the property owner accordingly.

Site plans.

[Amended 8-27-1981 by Ord. No. 21-1981; 12-14-1982 by Ord. No. 31-1982]

Site plan design principles shall be in accord with subdivision design standards, § 95-39A, as appropriate.

The provisions of the Township ordinance with respect to height, minimum lot areas, mandatory open spaces and other requirements shall be complied with.[2]

Editor's Note: See the schedule of Area Requirements at the end of Art. VII.

Adequate provision shall be made for off-street parking in accordance with this chapter, and adequate traffic circulation, traffic safety and protection to adjoining property shall be provided.

Stormwater disposal shall satisfy requirements of § 95-36A(6).

The location, design and construction of any building shall not create undue risks of traffic congestion, public safety or other hazards.

The design or construction of any building or use shall not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.

Lighting.

[Amended 11-4-2015 by Ord. No. 12-2015]

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward.

Stairways and sloping or rising paths, building entrances and exits shall be illuminated.

The maximum height of freestanding lights shall be no more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source, spaced a distance not to exceed five times the mounting height. However, freestanding lights within 100 feet of a residential use shall be no more than 15 feet tall.

Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects.

Where lights along property lines would be visible to adjacent residents, the lights shall be appropriately shielded. Such shielding may include berming, landscape material and/or decorative fencing. Site lighting, other than that needed for security purposes, shall be set on a timer system that shuts off all but security lighting of the site by 11:00 p.m.

The following intensity in footcandles shall be provided:

[Amended 12-11-2017 by Ord. No. 17-2017]

Parking lots: a minimum average of 0.5 footcandle throughout.

Intersections : minimum 3.0 footcandles.

Maximum at property lines: 1.0 footcandle where nonresidential uses abut and 0.5 footcandle where nonresidential uses abut residential uses. The maximum footcandles at the property line shall exclude driveways and intersections.

In residential zones: a minimum average of 0.5 footcandle, with a maximum average of 1.0 footcandle.

All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement.

Off-street parking areas shall be used solely for the parking of passenger automobiles and no commercial repair work or service of any kind shall be conducted on the parking lot, nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles.

No signs other than "entrance," "exit" or "conditions of use" signs shall be maintained.

Service aisles; distance between parking spaces.

All parking areas shall be designed with service aisles to meet the following standards:

	Type of Parking	Width of Aisle (feet)
	Parallel	12
	30-degree angle	11
	45-degree angle	12
	60-degree angle	18
	90-degree angle	24

In addition, there shall be a minimum distance between parallel parking spaces of six feet when found necessary to provide for convenient access.

All off-street parking and loading areas, except for parking which is accessory to one- and two-family dwellings, shall meet the location requirements prescribed in Article VII, Zoning, of this chapter.

All grades within parking lots shall be at least 1% and shall not exceed 10% and shall be adequately drained, subject to the approval of the Township Engineer. All grades in lawn areas shall be at least 2%.

Paving. Parking lot pavement shall consist of one of the following, to be measured at a compacted depth:

Three-inch bituminous stabilized base with one and-one-half inch FABC.

Four-inch quarry process (Type 5, Class A) with three-inch FABC.

Other as approved by the approving authority.

The applicant shall obtain necessary approvals of any state, county or municipal agencies.

(16)

The approving authority shall give consideration to such other elements or aspects of the site plan or proposed use as may relate to the design of the plan, the general environment of the area or the health, safety and general welfare of the public.

(17)

Sidewalks, curbing and/or wheel stops shall be installed whenever required by the approving authority. Curbing shall consist of concrete or granite block curbing six inches above the paved surface, when required.

(18)

In general, parking spaces shall be 10 feet wide by 20 feet long and shall be clearly marked with painted lines. In major developments where the parking requirements will be long-term in duration, such as corporate office facilities, office parks, etc., parking stalls may be reduced in width to nine feet and in length to 19 feet.

(19)

For purposes of this article, parking garages are permitted, but the area within the garage(s) shall be exclusive of the permitted floor area ratio requirement.[3]

Editor's Note: Former Subsection B(19), regarding requirements for smaller car parking spaces, was repealed 8-13-2007 by Ord. No. 17-2007. This ordinance also provided for the redesignation of former Subsection B(20) as Subsection B(19).

Route 10 corridor. It is the Township's intention to provide alternatives to the strip development pattern currently found along the Route 10 corridor and to upgrade the corridor from an economic, aesthetic and functional perspective. The following standards are to be applied to all development and redevelopment proposals located in the three Highway Business Districts delineated in the 2005 Land Use Element of the Township Master Plan. Each application for development or redevelopment shall provide a concise written report documenting how each standard is addressed.

[Added 7-10-2006 by Ord. No. 11-2006]

General.

Encourage development and redevelopment that emphasizes quality architecture, shared access and parking, transit-friendly facilities, pedestrian circulation, appropriate intensification of buildings and extensive landscaping, especially in parking areas.

Discourage commercial development with blank or windowless walls, oversized parking areas, light pollution, multiple and uncontrolled access points.

Provide a healthy balance of land uses, and retrofit single-use commercial into accessible, compact, well-designed mixed use centers with linkages to the surrounding community.

Design.

Establish the architecture, pedestrian space and green spaces as the focal point of development as opposed to parking lots and signs, and create a sense of place by providing amenities such as parks, recreational opportunities, entertainment and cultural activities.

Plazas, courtyards and green areas are to be considered an integral component of all development in the corridor and should be designed to provide a lively human scale environment for residents, customers and employees. These features should also be designed to protect environmentally sensitive features, and provide appropriate visual and noise buffers, especially between residential and nonresidential areas.

Buildings should be designed to provide architectural interest and to avoid a monolithic box-like appearance. Pitched roofs and architectural embellishments such as dormers are encouraged. Flat roofs should include appropriate ornamentation such as cornices or parapets. Windows should be provided in all building facades to avoid monotonous blank walls. The front of each building should be oriented toward a sidewalk, courtyard or street. Sidewalks should extend from the building facade to the curb for the purpose of facilitating pedestrian movement and creating opportunities for outdoor eating and shopping areas, and providing space for bus waiting areas or shelters, street furniture, etc.

Ground floor commercial facades should have large, clear storefront glass areas to display the nature of the business and to produce an interesting streetscape. A shop front should be separated from the roofline or a second floor by a horizontal architectural element such as a sash, cornice, frieze or molding. The design of awnings or canopies should be architecturally compatible with the style, materials, colors and details of buildings and should not conceal significant architectural features such as cornices, columns, pilasters or other trim details.

Freestanding signs should be consolidated at strategic locations, complement the architectural style of the development, avoid a cluttered appearance and be limited to the name and logo of a project or center. Tenant directory signs should be located away from the right-of-way. Facade signs should complement and not interfere with or be out of proportion with or cover over a building's architectural details,

Appropriate landscaped areas should be provided along the highway edge that include provisions for walkways, bike paths, plantings and shade trees.

Transportation and access.

Use interconnected internal road systems to provide opportunities for parallel movement along the corridor; and channel vehicular access to well-defined access points such as signalized intersections and service roads.

Provide opportunities for residents, shoppers and employees to access mass transit through the incorporation of design features that accommodate bus and shuttle service such as shelters, street furniture and pull-off lanes within reasonable proximity to major uses and destinations.

Provide workable and attractive pedestrian and bicycle circulation systems within each development and linkages to surrounding developments and neighborhoods.

Parking.

Locate parking lots behind or next to buildings, so that the buildings can be closer to the roadway, be more visible and be more accessible to pedestrians.

Reduce the number of curb cuts along the corridor and the need for excessive parking through the use of shared and connected parking facilities.

Surface parking lots should be extensively landscaped to provide visual relief from large expanses of parking, to guide circulation and to minimize impervious coverage.

Structured parking shall be designed to provide architectural interest and ameliorate the appearance of large concrete facades. Whenever possible, parking structures should be integrated into the principal structure in such a way as to be indistinguishable from surrounding buildings.

§ 95-39.1 Environmental impact statement.

[Added 12-14-1982 by Ord. No. 31-1982]

General provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize those problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site and the location of the project. Therefore, having determined that some flexibility is needed in preparing the environmental impact statement, the requirements for such a document are listed as follows:

All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silvaculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.

It is strongly advised that a preapplication conference be held with the approving authority and the East Hanover Environmental Commission to determine the level of detail required in the environmental impact statement.

In preparing an environmental impact statement, the applicant shall retain one or more competent professionals to perform the necessary work. All applicable material on file in the Township pertinent to local conditions shall be consulted. Any additional material pertinent to evaluation of potential regional impacts shall also be considered. Furthermore, as much original research as is necessary shall be conducted to develop a comprehensive environmental impact statement.

The environmental impact statement shall consist of written and graphic materials which will clearly present the information that is required.

General application requirements.

All minor subdivision applications, preliminary and final site plan applications consisting of less than 10 acres and conditional use applications, consisting of less than 10 acres, may be required to be accompanied by an environmental impact statement. The information required shall be presented in a concise descriptive report. The descriptive report shall be supplemented with additional graphic and explanatory material when environmentally sensitive areas are involved. Environmentally sensitive areas include but are not limited to stream corridors and floodplains, streams and water bodies, wetlands, slopes greater than 20%, highly acid or erodible soils, mature stands of native vegetation, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.

All preliminary and final major subdivision applications, preliminary and final site plan applications, consisting of 10 acres or more, and conditional use applications, consisting of 10 acres or more, may be required to be accompanied by an environmental impact statement. The information required shall be presented in a detailed descriptive report which shall include written, graphic or other explanatory material. Certain requirements may be waived by the approving authority if the applicant can prove conclusively that specific requirements are unwarranted.

Any variance application not involving a site plan, subdivision or conditional use application may be required, at the discretion of the Board of Adjustment, to be accompanied by an environmental impact statement. The information required shall be determined by the Zoning Board of Adjustment.

When an environmental impact statement is required, the following format shall be utilized and the information requested shall be provided:

Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

Township Master Plan, especially the land use and open space elements.

The Master Plan of adjacent municipalities.

The Morris County Master Plan.

Regional and state planning guides.

Other pertinent planning documents.

Site description and inventory. Provide a description of environmental conditions on the site, which shall include but not be limited to the following items:

Types of soil. List and describe each soil type located on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations, as per the Soil Survey of Morris County - Soil Conservation Service, relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.

Topography. Describe the topographic conditions of the site.

Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is in close proximity to the surface (within two feet of the surface) as well as major rock outcroppings.

Vegetation. Describe the existing vegetation on the site. When required, prepare a map showing the location of major vegetation groupings, such as woodland, open field and wetland. Where woodlands are delineated, indicate the forest type.

Wildlife. Identify unique habitats. Where applicable, other data assembled regarding wildlife activity on the site shall also be mapped and/or described.

Surface water. Describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of disturbance. Calculate existing surface runoff from the site. When the natural drainage pattern will be significantly altered or sewage effluent is to be added to a watercourse or body, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. When required, floodplain areas will be mapped in consultation with the Department of Environmental Protection, and, as appropriate, all floodplain lines affecting the project should be verified. Existing structures shall be mapped and the capacity of drainage network shall be determined. Floodplain analysis will also take into account upstream drainage area, floodwater storage areas and backwater requirements.

Subsurface water. Describe the subsurface water conditions on the site, in terms of depth to groundwater, water tables elevations, and of water supply capabilities of the site. Where existing conditions warrant, provide detailed information regarding existing wells within 500 feet of the site relative to depth, capacity capabilities of the adjacent areas and the recharge capabilities of the site.

(h)

Unique, scenic and/or historic features. Describe and map those portions of the site that can be considered to have unique, scenic and/or historic qualities.

(i)

Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures, utility lines, etc.

(j)

Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection.

Area and regional description. Provide a description of the surrounding environs. Describe the existing land use pattern. When required, describe in detail the existing infrastructure with respect to the drainage and transportation network as well as any central sewage and water supply facilities. Include an appropriate regional analysis relative to the proposed project.

Environmental performance controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on- and off-site that could result from the proposed project. Of specific interest are:

Drainage plans, which shall include but not be limited to soil erosion and sedimentation controls. Every effort should be made to limit off-site surface runoff to predevelopment levels.

Sewage disposal techniques.

Water supply and water conservation proposals.

Site design techniques sensitive to the natural environment, which should include innovative landscape, building and circulation design.

Energy conservation measures.

Noise reduction techniques.

Miscellaneous on-site and off-site public improvements.

Impact. Discuss both the negative and positive on-tract and off-tract impacts. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include, but are not limited to, the following:

Soil erosion and sedimentation resulting from surface runoff.

Flooding and floodplain disruption.

Degradation of surface water quality.

Groundwater pollution.

Reduction of groundwater capabilities.

Sewage disposal.

Solid waste disposal.

(h)

Vegetation destruction.

(i)

Disruption of wildlife habitats.

(j)

Destruction of scenic and historic features.

(k)

Air quality degradation.

(l)

Noise levels.

(m)

Energy utilization.

(n)

Neighborhood deterioration.

(o)

Effect on public services, i.e., schools, fire, police, etc.

(p)

Traffic congestion.

(q)

Health, safety and welfare of existing residents.

(r)

Regional development policies.

Alternatives. Discuss what alternatives were considered both in terms of site design and project location. Indicate why an alternative was rejected if it would have resulted in less of a negative impact than the subject proposal.

Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but will not be limited to, approvals required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

Documentation. All publications, file reports, manuscripts or other written sources of information related to the project, the project site and the Township which were consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

Disposition. The approving authority shall not approve any submission unless it determines and finds that the proposed development:

Will not result in appreciable harm to the environment.

Has been designed and conceived with a view toward the protection of regional sources.

Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.

§ 95-39.2 Performance standards for all uses.

[Added 12-14-1982 by Ord. No. 31-1982]

An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user of any structure. In reviewing any site plan, the approving authority shall consider the following:

Traffic. Pedestrian and vehicular traffic movement within and adjacent to the site, with particular emphasis on the provision and layout of parking areas, off-street loading and unloading and movement of people, foods and vehicles from access roads within the site, between buildings and between buildings and vehicles, should be carefully reviewed. The approving authority shall ensure that all parking spaces are usable and are safe and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

Design and layout. The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.

Lighting. Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the approving authority. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties.

Buffers. Buffering shall be located around the perimeter of the site and/or in groupings at strategic locations in order to minimize the glare of headlights of vehicles, lights from structures, noise and the movement of people and vehicles and to shield activities from adjacent properties, etc. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees, etc., or combinations thereof to achieve the stated objectives.

Landscaping. Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving in an imaginative manner.

Signs. Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting a hazard to vehicles and pedestrians. (See § 95-54C.)

Storm drainage, sanitary waste disposal and water supply. Storm drainage, sanitary waste disposal and water supply shall be reviewed and considered. Particular emphasis shall be given to the adequacy of the existing system and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.

Garbage disposal. Garbage disposal should be adequate to ensure freedom from vermin and rodent infestation.

Environmental elements. Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, emission of glare, noise, odor, air and water pollution, aesthetic conditions, topography, soil and animal life shall be reviewed and the design of the plan shall minimize any adverse impact on these elements.

Support facilities. Support facilities, including the proximity and capacity of community facilities necessary to sustain the needs and demands of the proposed development, should be carefully considered so as to maintain and promote balanced community environments. These support facilities may include phone booths, benches, bike racks, trash receptacles, bus shelters, tot lots, game fields, open space and land dedication for educational facilities, firehouses, etc.

Electrical and/or electronic devices. All electrical or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Production Radiation." Radiation products, as defined in Department of Health, Education and Welfare Publication No. (FDA) 78-8003, shall be so limited and controlled that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the Department of Health, Education and Welfare Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 kilohertz and 10 megahertz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so that there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multifamily dwellings) as the result of the operation of such equipment.

Glare. No use shall produce a strong, dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets. Also see § 95-56C(6)(f).

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any body of water.

Noise. Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey State Department of Environmental Protection, as they are adopted and amended.

Odor. Odors due to nonagricultural operations shall not be discernable at the lot line or beyond.

Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground acquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. With respect to solid wastes, each business and industry shall:

Assume full responsibility for adequate and regular collection and removal of all refuse.

Comply with all applicable provisions of the Air Pollution Code,[1] including prohibition of open burning on dumps and regulations applicable to sanitary landfill and incineration.

Editor's Note: See Ch. 170, Air Pollution Control.

Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse Disposal, Public Health Council of the State Department of Health.

Permit no accumulation on the property of any solid waste, junk or other objectional materials.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.

Vibration. See § 95-56C(6)(d).

Air pollution. As per Air Pollution Control Code of the Township of East Hanover. (See Chapter 170.)

Liquid wastes. See § 95-56C(6)(c).

Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Radiation Protection Act, Chapter 116, P.L. 1958, as amended December 4, 1961, and any codes, rules or regulations promulgated under such act. No radioactive materials shall be buried on the premises. This provision shall not be effective until approved by the Commissioner of the Department of Health as provided in N.J.S.A. 26:2D-17.

Noise and vibration noise.

When measured at any point along the lot line, the sound-pressure level radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following in any octave band of frequency:

	Frequency Band Cycles Per Second	Sound Pressure Levels in Decibels Re. 0.0002 Microbar
	20 - 75	69
	75 - 150	54
	150 - 300	47
	300 - 600	41
	600 - 1200	37
	1200 - 2400	34
	2400 - 4800	31
	4800 - 9600	28

If the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given below:

	Type of Operation or Character of Noise	Correction in Decibels
	Daytime operation only	+5
	Noise source operates less than 20% of the time	+5*
	Noise source operates less than 5% of the time	+10*
	Noise source operates less than 1% of the time	+15*
	Noise impulsive character (hammering, etc.)	-5
	Noise of periodic character (hum, screech, etc.)	-5

*NOTE: Apply one of these corrections only.

(3) The sound pressure shall be measured with a sound-level meter conforming to American Standard Specification for General-Purpose Sound-Level Meters, S 1.4-1961, rev. of Z 24.3-1944, and to an octave band analyzer conforming to the American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z 24.10-1953, Vibration. No manufacturing, fabricating, research, testing or other processes requiring the use of blasting shall be permitted. Any necessary occasional, emergency or construction blasting shall conform to the limits of the Table of Frequency Amplitude Relations and all other requirements of the Rules and Regulations Governing Blasting on the Construction and Related Operations, Bureau of Engineering and Safety, State Department of Labor and Industry. No machinery, process or other use will be permitted that causes any mechanical or earth vibration that is detectable beyond the lot line. When operations involve the use of heavy machinery, testing or other facilities likely to produce mechanical vibration, the building shall be constructed and the machinery and equipment shall be installed in such manner as to eliminate the possibility of mechanical vibration or earth vibration of such extent that it is detectable beyond the lot line. For the purpose of measuring compliance, no mechanical vibration or earth vibration shall be permitted that exceeds 10% of the limits of the aforementioned Table of Frequency - Amplitude Relations

Fire and explosion hazards. As a condition to approval, the approving authority shall require proof that the applicant for a proposed industry has registered such industry with the Commissioner of Labor and Industry. If, in the judgment of the approving authority, a proposed building, use, structure, process, product or material appears to involve a fire or explosion hazard, the approving authority may require the applicant to supply:

A copy of the approved plans from the State Department of Labor and Industry showing that adequate safeguards against the origin and spread of fire have been or shall be taken in regard to such things as the construction and materials of the building or structure, the installation of safety and warning devices and the adoption of fire prevention procedures in operations.

Statement from the appropriate Township fire company officials that the applicant has complied with all applicable Township fire prevention regulations. (See Chapter 85.)

Also see § 95-56C(6)(a).

§ 95-40 Exceptions to requirements.

The Planning Board, when acting upon applications for subdivision approval or for site plan approval, shall have the power to grant such exceptions from the requirements for subdivision or site plan approval as may be reasonable and within the general purpose and intent of the provisions herein if the literal enforcement of one or more provisions herein is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 95-41 Selling before final approval.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid and also a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

§ 95-42 Certificates showing approval; contents.

[Added 8-27-1981 by Ord. No. 21-1981]

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of this chapter may apply in writing to the Township Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Township Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Secretary to the Planning Board shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of the office of the Secretary.

Each certification shall be designated a "Certificate as to Approval of Subdivision of Land" and shall certify:

That there exists in East Hanover a duly established Planning Board and an ordinance controlling subdivision of land.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.

That the subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter.

The Township Clerk shall be entitled to demand and receive for such certificate issued by the Clerk a reasonable fee, not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Township Clerk shall be paid by the Clerk to the municipality.

§ 95-42.1 Fertilizer application.

[Added 4-2-2012 by Ord. No. 4-2012]

Purpose. A section to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This section does not apply to fertilizer application on commercial farms.

Basis and background.

Elevated levels of nutrients, particularly phosphorus, in surface water bodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which, in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply.

While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application recommendation geared to the soil and planting type is the best means to determine the amount of nutrients to apply. Timing and placement of fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff. Fertilizer applied immediately prior to a runoff-producing rainfall, outside the growing season or to impervious surfaces is most likely to be carried away by means of runoff without accomplishing the desired objective of supporting target vegetation growth. Therefore, the management of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources.

This section does not apply to application of fertilizer on commercial farms, but improper application of fertilizer on farms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrient load to water bodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.

Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

BUFFER

The land area, 25 feet in width, adjacent to any water body. However, this buffer may be reduced to 10 feet in the event of small lot sizes or the twenty-five-foot buffer constitutes a majority of the available property. Any reduction will be determined on a case-by-case basis and will require that application of all fertilizer be completed using a drop spreader.

COMMERCIAL FARM

A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.

FERTILIZER

A fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

PHOSPHORUS FERTILIZER

Any fertilizer that contains phosphorus, expressed as P²0⁵ with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.

SOILS TEST

A technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.

WATER BODY

A surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.

Prohibited conduct. No person may do any of the following:

Apply fertilizer when a runoff-producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off site exists.

Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.

Apply fertilizer within the buffer of any water body.

Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season. The established growing season for the Township of East Hanover is March 15 through October 31.

Phosphorus fertilizer application. No person may do the following:

Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.

Exceptions:

Application of phosphorus fertilizer needed for:

Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules;

Reestablished or repairing a turf area.

Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soils surface, directly to the feeder roots.