Town of Clinton, NJ Article VI Subdivision and Site Plan Review [1]

[1] Editor’s Note: For Highlands District requirements, see Art. XIV, Highlands Districts, of this chapter.

§ 88-39 Filing procedures.

[Amended 9-13-1988 by Ord. No. 88-12; 11-22-2005 by Ord. No. 05-15; 12-10-2013 by Ord. No. 13-20]

Prior to the subdivision or resubdivision of land and prior to the issuance of a building permit or certificate of occupancy for any development for which site plan approval is required, an application for subdivision or site plan, as the case may be, shall be submitted to and approved by the Land Use Board in accordance with the requirements of this article. Site plan approval shall be required for any new building, any addition to an existing building, any change in use of an existing building, any off-street parking area or alteration of said parking area and any other improvements involving land disturbance, including excavation, soil removal, land filling or site clearance; except that subdivision of individual lot applications for detached one- and two-family dwelling unit buildings shall be exempt from site plan review and approval. Where the site plan approval is for changes to an already developed site and the proposed changes meet the limits delineated in the definition of minor site plan, the Land Use Board or, as authorized, the Site Plan Review Committee may deem the application a minor site plan. Any minor site plan application shall be accompanied by such information as required in § 88-41D for a preliminary site plan as to allow the Land Use Board to make an informed decision on the application. In addition, the Land Use Board may exempt from site plan approval any application for a change in use, provided that the said change in use involves no building construction, land disturbance, change in off-street parking, or other improvement that would require a minor site plan application. The Land Use Board may require the submission of such information as will make it possible to determine whether or not such exemption should be granted.

A. Review by Zoning Land Use Board. In the event that the subdivision or site plan application required action by the Land Use Board as provided in this chapter, said application shall be submitted to and processed by said Board, which shall act in the same manner as the Land Use Board as provided in this article and as further provided in § 88-40.

B. Time of filing. Said applications shall be filed with the Secretary of the Land Use Board at least 21 business days prior to the regular meeting of the Land Use Board.

[Amended 12-8-2021 by Ord. No. 21-24; 12-27-2023 by Ord. No. 23-25]

C. Application content. Content of the application shall be as follows:

[Amended 12-8-2021 by Ord. No. 21-24; 12-27-2023 by Ord. No. 23-25]

(1) Sketch subdivision plat: an application form in triplicate; four black-and-white or color prints of the subdivision plat and one digital copy of all application documents in Adobe Portable Document Format (PDF).

(2) Preliminary subdivision plat and preliminary site plan: an application form in triplicate; four black-and-white or color prints of the subdivision plat or site plan and other required documents and improvement plans and one digital copy of all application documents in Adobe Portable Document Format (PDF).

(3) Final subdivision plat and final site plan: an application form in triplicate; four black-and-white or color prints of the subdivision plat or site plan and one digital copy of all application documents in Adobe Portable Document Format (PDF).

D. Filing fees. The application shall be accompanied by a filing fee pursuant to § 88-13 to cover the technical, investigative and administrative expenses involved in processing the application.

E. Completeness. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application, or it shall be deemed to be properly submitted.

§ 88-40 Review procedures.

A. General.

[Amended 12-12-1995 by Ord. No. 95-16; 12-10-2013 by Ord. No. 13-20]

(1) Upon receipt of an application, the Secretary of the Land Use Board shall forward same to the Land Use Board and shall send a copy for information or for report and recommendation, according to the direction of the Land Use Board, to each of the following:

(a) Town Engineer.

(b) Public Works/Business Administrator.

(c) Fire Inspector.

(d) Tax Collector.

(e) Board of Health.

(f) County Land Use Board.

(g) Environmental Commission.

(h) Such other federal, state, county and municipal officials and agencies as directed by the Land Use Board.

(2) The Land Use Board shall review the application along with reports required from any officials or agencies.

(3) The Land Use 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.

Type of Application		Period of Time for Action by Land Use Board (days)
Sketch subdivision plat		45
Preliminary subdivision plat:
10 lots or fewer		45
More than 10 lots		95
Preliminary site plan:
10 acres or less		45
More than 10 acres		95
Final subdivision plat		45
Final site plan		45

(4) Failure of the Land Use Board to act within the period prescribed shall constitute approval, and a certificate of the Town Clerk as to the failure of the Land Use 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 of the Land Use Board's action within one week of its action.

(5) Whenever review or approval of an application by the County Land Use Board is required, the Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Land Use Board or approval by the County Land Use Board by its failure to report thereon within the required time period.

(6) Before the Secretary of the Land Use Board returns any approved application to an applicant, the applicant shall have sufficient copies made to furnish one copy to each of the following:

(a) Town Clerk.

(b) Town Engineer.

(c) Building Inspector and Zoning Officer.

(d) Tax Assessor.

(e) County Land Use Board.

B. Sketch subdivision plat. Prior to subdividing or resubdividing land within the Town of Clinton, a sketch plat application shall be filed in accordance with § 88-39 and shall contain all data and information prescribed in § 88-41.

(1) The Land Use Board shall designate the application as either a minor or major subdivision. If the application is deemed complete, then the matter shall be set down for public hearing and the applicant shall give public notice of the hearing pursuant to § 88-7J(1)(a) through (h). In reviewing and approving a plat as a minor subdivision, the Land Use Board may impose such terms and conditions as are reasonable and within the intent of this chapter, including provisions for improvements pursuant to §§ 88-42 and 88-43.

[Amended 4-11-1989 by Ord. No. 89-4; 12-10-2013 by Ord. No. 13-20]

(2) Notwithstanding the foregoing, any lot or parcel of land approved as a minor subdivision may not be further subdivided as a minor subdivision if said lot or parcel shall be accepted only as a major subdivision.

[Amended 4-11-1989 by Ord. No. 89-4]

(3) Approval as a minor subdivision shall expire 190 days from the date of 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 minor subdivision is filed by the developer with the county recording officer, the Town Engineer and the Town Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Land Use Board. In reviewing the application for a minor subdivision, the Land Use Board shall be permitted 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 with the provisions of said act. The Land Use Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed in accordance with and subject to the proofs required by N.J.S.A. 40:55D-47.F. Additionally, the Land Use Board may grant an extension of minor subdivision approval for a period determined by the Board, not to exceed one year, in accordance with and subject to the proofs required by N.J.S.A. 40:55D-47.G.

[Amended 4-11-1989 by Ord. No. 89-4; 11-22-2005 by Ord. No. 05-15; 12-10-2013 by Ord. No. 13-20]

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

(5) In approving an application as a major subdivision, the Land Use Board shall make such recommendations for revisions to the plat for inclusion in the preliminary plat as are appropriate and within the intent of this chapter. The applicant shall submit 10 copies of a revised plat incorporating any revisions required by the Land Use Board prior to confirmation or classification. The plat will then be returned to the applicant for compliance with Subsections C, D and E of this section.

[Amended 4-11-1989 by Ord. No. 89-4; 12-10-2013 by Ord. No. 13-20]

C. Preliminary subdivision plat and preliminary site plan. Application for approval of a preliminary plat or a preliminary site plan shall be filed in accordance with § 88-39 and shall contain all information prescribed in § 88-41B or D, as the case may be.

(1) If the Land Use Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedures in § 88-7.

[Amended 12-10-2013 by Ord. No. 13-20]

(2) If the Land Use 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 Land Use Board shall, if the proposed application complies with this chapter, grant preliminary approval.

[Amended 12-10-2013 by Ord. No. 13-20]

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

(a) 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 § 88-42B; except that nothing herein shall be construed to prevent the Town from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

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

(c) The applicant may apply for and the Land Use 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.

[Amended 12-10-2013 by Ord. No. 13-20]

(4) In the case of a subdivision of or site plan for an area of 50 acres or more, the Land Use 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 Land Use 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 Land Use Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Land Use 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.

[Amended 12-10-2013 by Ord. No. 13-20]

D. Installation of improvements; guaranty; agreement.

(1) Installation of improvements prior to final approval. Prior to the filing of an application for final subdivision or site plan approval, the applicant shall have installed the improvements required under § 88-42A under the supervision and inspection of the Town Engineer, except that the Land Use Board, on advice of the Town Engineer, may accept a cash performance guaranty to assure the installation of the following improvements only:

(a) Sidewalks, as required in § 88-42A(2).

(b) Monuments, as required in § 88-42A(4).

(c) Street signs, as required in § 88-42A(5).

(d) Shade trees, as required in § 88-42A(8).

(e) Surface course of street pavement.

(2) Installation of improvements prior to final site plan approval. Prior to the filing of an application for final site plan approval, the applicant shall have installed any public on-tract improvements described in § 88-42A as may be required in connection with the site development; provided, however, that the Land Use Board may accept a cash performance guaranty for the later installation of those improvements specified in § 88-40D(1)(a) through D(1)(e), all such improvements to be subject to the inspection of the Town Engineer. Also prior to the filing of an application for final site plan approval, the applicant shall have installed any on-site improvements specified in § 88-42C as the Land Use Board may determine are necessary prior to building construction.

[Amended 12-10-2013 by Ord. No. 13-20]

(3) Off-tract improvements. Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall have paid his pro rata share of the cost of any off-tract improvements necessitated by this development as determined in accordance with the requirements of § 88-43.

(4) Performance guaranty. The cash performance guaranty for the later installation of those improvements referred to in § 88-40D(1) shall be in favor of the Town of Clinton in an amount equal to 120% of the cost of such improvements.

(5) Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final approval. With the consent of the principal, the performance guaranty may be extended by the Town Council after the recommendation by the Land Use Board by resolution for an additional period not exceeding 18 months.

[Amended 12-10-2013 by Ord. No. 13-20]

(6) Reduction of performance guaranty. The Land Use Board may, upon application by the developer or subdivider recommend to the Town Council the reduction of the amount of the performance guaranty upon certification in writing by the Town Engineer that certain portions of the required improvements and conditions of the Board have been properly completed and upon posting of proper guaranties and maintenance bonds, provided that the remaining performance guaranty, maintenance bonds and deposit money are adequate to ensure the completion of the remaining improvements.

[Amended 12-10-2013 by Ord. No. 13-20]

(7) Completion of improvements. If the required improvements are not completed or corrected, the obligor shall be liable thereon to the Town for the reasonable cost of the improvements not completed or corrected, and the Town may complete such improvements.

(8) Approval by Town Engineer. When all of the required improvements have been completed, the obligor shall notify the Town Council in writing, by certified mail addressed in care of the Town Clerk, of the completion of said improvements and shall send a copy thereof to the Town Engineer. Thereupon, the Town Engineer shall inspect all the improvements and shall file a detailed report, in writing, with the Town Council, 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.

(9) Approval by Town Council. The Town Council shall either approve, partially approve or reject the improvements on the basis of the report of the Town Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of the Town Council with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor shall be released from all liability, pursuant to such performance guaranty.

(10) Rejection of improvements. If any portion of the required improvements are rejected, the Town Council may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.

(11) Agreement. Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted an agreement between the developer and the Town of Clinton incorporating all of the terms and conditions of approval improved by the Land Use Board in accordance with this chapter.

[Amended 12-10-2013 by Ord. No. 13-20]

(12) Inspection fees. The agreement shall also provide for the deposit with the Town of fees for engineering inspection of all improvements required by the Land Use Board and based upon the cost of such improvements, as determined by the Town Engineer, all fees and procedures to be in accordance with this chapter.

[Amended 12-10-2013 by Ord. No. 13-20]

(13) Notification of Town Engineer. At least two weeks prior to the start of construction, the applicant shall notify the Town Engineer in writing, with a copy to the Secretary of the Land Use Board, of said date when construction will begin so that a preconstruction conference can be held and so that inspections may be conducted from time to time by the Town Engineer. 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 Town for such utilities or improvements.

[Amended 12-10-2013 by Ord. No. 13-20]

(14) Maintenance guaranty.

(a) Upon completion of all improvements and prior to release of the performance guaranty, the applicant shall file a maintenance guaranty bond amounting to 15% of the cost of all improvements to guarantee that the completed improvements will be maintained for a stated period not to exceed two years. The Town Engineer and the Land Use Board shall review the maintenance bond; it shall be reviewed by the Town Attorney as to form, sufficiency and execution and approved by the Town Council.

[Amended 12-10-2013 by Ord. No. 13-20]

(b) The Town Council will not accept any road or improvement into the municipal system until the maintenance period expires or until after the deficiencies are repaired and then only if it is in the same condition as when certified.

E. Final plat and final site plan.

(1) Filing. Application for approval of a final plat or a final-site plan shall be filed in accordance with § 88-39 and shall contain all the information prescribed in § 88-41C or E, as the case may be. Said application shall be filed within the period prescribed in § 88-39A and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.

(2) Application accepted. If the Land Use Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedures in § 88-7.

[Amended 12-10-2013 by Ord. No. 13-20]

(3) Amendments required. If the Land Use 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 Land Use Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant final approval.

[Amended 12-10-2013 by Ord. No. 13-20]

(4) Effect of final approval.

[Amended 12-10-2013 by Ord. No. 13-20]

(a) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection C(3)(a), 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 a 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(1). 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(1), the Land Use 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 D(3) for the section granted final approval.

(b) In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of or site plan for 150 acres or more, the Land Use Board may grant the rights referred to in Subsection E(1) of this section for such period of time longer than two years as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Land Use Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

(5) Recording of final plat.

[Amended 12-10-2013 by Ord. No. 13-20]

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

(b) No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Land Use Board as indicated on the instrument by the signature of the Chairman and Secretary of the Land Use 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 Land Use Board shall not be affixed until the developer has posted the guaranties required pursuant to Subsection D. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.

(6) Filing and return of prints. After final subdivision approval, one translucent tracing and one cloth print shall be filed with the Town Clerk. The original tracing and one cloth print shall be returned to the subdivider.

(7) Filing of plat with County Clerk. No building permit shall be issued until final subdivision approval by the Land Use Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by Subsection E(5). Proof of filing shall be submitted to the Land Use Board Secretary prior to issuance of a building permit.

[Amended 12-10-2013 by Ord. No. 13-20]

(8) Building permits for site plans. A building permit in connection with a site plan may be issued prior to final approval, but only after the installation of those improvements as the Land Use Board, upon advice of the Town Engineer, may find necessary as precedent to the issuance of such permit. No certificate of occupancy in connection with a site plan shall be issued until final site plan approval by the Land Use Board, and final approval shall not be granted until all buildings and on-site improvements are completed or performance guaranties posted.

[Amended 12-10-2013 by Ord. No. 13-20]

(9) Temporary certificate of occupancy.

(a) Upon the written recommendation of the Town Council, the Building Inspector may grant a temporary certificate of occupancy for a specified period of time not exceeding six months if weather or other conditions beyond the control of the applicant prevent compliance with the conditions of site plan approval. The Building Inspector shall notify the Land Use Board of the issuance of the temporary certificate of occupancy and the date of expiration. In the event of the issuance of a temporary certificate of occupancy, a cash performance guaranty shall be posted with the Town by the applicant in an amount determined by the Town Engineer to be the fair value of the uncompleted work.

[Amended 12-10-2013 by Ord. No. 13-20]

(b) The performance guaranty shall be used by the Town after reasonable notice to the owner to complete all improvements in those cases where the owner fails to comply with the conditions attached to the issuance of the temporary certificate of occupancy and where these conditions are not remedied immediately by the owner at the direction of the Town Engineer.

(10) Permanent certificate of occupancy. The Building Inspector may issue a permanent certificate of occupancy only upon the written notification by the Land Use Board that all improvements have been installed to their satisfaction as shown on the approved site plan.

[Amended 12-10-2013 by Ord. No. 13-20]

§ 88-41 Plat and plan details.

A. Sketch plat. The sketch plat shall be prepared to scale, based on Tax Map information or some other similarly accurate base, at a scale of not less than one inch equals 50 feet, to enable the entire tract to be shown on one sheet and shall show or include the following information:

[Amended 6-12-1990 by Ord. No. 90-6]

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

(2) All existing structures, wooded areas and topographical features, such as cliffs and swamps, within the portion to be subdivided and within 200 feet thereof. Also included shall be the approximate location of all environmentally critical areas, such as freshwater wetlands, watercourses, etc., as identified in the National Wetland Inventory Map and the Federal Emergency Management Agency or Federal Insurance Rate Maps (if available).

(3) The name of the owner and all adjoining property owners and owners of property directly across the street as disclosed by the most recent municipal tax record. If there is no positive evidence of ownership of any parcel of adjoining property within 200 feet, a certificate will be presented from the custodian of tax records to that effect.

(4) The Tax Map sheet, block and lot numbers.

(5) All streets or roads and streams within 500 feet of the subdivision.

(6) Approximate location of existing and proposed streets and property lines and approximate lot sizes and areas.

(7) Existence and location of any utility easement which affects the title of the land being subdivided.

(8) Setback, side line and rear yard distances of existing structures.

(9) The name and address of the person preparing the plat, the scale, date of preparation and reference meridian.

(10) Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid to date.

(11) The Land Use Board reserves the right to require a feasible sketch plan layout of remaining land not being subdivided if it is deemed necessary.

[Amended 12-10-2013 by Ord. No. 13-20]

(12) Zone district boundary lines, if any, on or adjoining the property to be subdivided and a schedule indicating the required minimum lot area, lot width, lot depth and front, rear and side yards of each zone district located on the property.

B. Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of § 88-44A, in strict accord with modern and accepted planning techniques and procedures, by a licensed New Jersey land surveyor and a professional engineer, at a scale of not less than one inch equals 100 feet, for initial consideration by the Land Use Board prior to the granting of preliminary approval. 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 6-12-1990 by Ord. No. 90-6; 12-10-2013 by Ord. No. 13-20]

(1) A key map showing the entire subdivision and its relation to the surrounding areas.

(2) The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses, together with consent to file:

(a) Name and address of subdivider.

(b) Name, address and license number of the person who prepared the map.

(c) Certification that the applicant is the owner of the land or his authorized agent or that the owner has given consent under an option agreement, giving names and addresses of both.

(d) Certificate from Tax Collector that all taxes and assessments for local improvements are paid to date.

(3) Acreage of tract to be subdivided, to the nearest hundredth of an acre.

(4) Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points of the profiles of all proposed new streets, contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope. Elevation datum shall be sea level only; the sea level requirement may be waived by the Town Engineer if the subdivider can prove hardship.

(5) The location of existing and proposed property lines, streets, existing buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas and rock formations. Where it is determined that any portion of the subject property contains or is affected by freshwater wetlands or watercourse protection areas, or both, all such areas shall be accurately located and shown. In addition, the plans shall identify all such areas disturbed by the proposed development and what, if any, steps are proposed to mitigate against adverse impact. The location, species and physical condition of all existing, individual trees over 12 inches in diameter shall be shown. In addition, the plan shall also indicated what, if any, steps will be taken to protect against damage of any such trees designated to remain after construction.

(6) The area, in square feet, of each lot.

(7) Minimum street setback line and side and rear yard setback lines of each lot.

(8) A copy of any proposed protective covenants or deed restrictions applying to the land being subdivided.

(9) A grading plan showing existing and final contours of each lot.

(10) A soil erosion and sediment control plan, if required, in accordance with P.L. 1975, c. 251 (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.

(11) Plans, profiles and cross sections of all proposed streets.

(12) Plans and profiles of proposed utility layouts, such as but not limited to sewers, storm drains, water, gas and electricity, showing feasible connections to existing or any proposed utility system. When an individual water supply or sewage disposal system, or both, is or are proposed, the plan for each such system must be approved by the appropriate local, county or state health agency. When a public sewer system is not available, the subdivider shall have a minimum of two percolation tests together with soil logs for these percolation test holes made for each proposed lot in the subdivision, the tests to be located in the approximate area where the disposal field is intended to be located. The subdivider shall submit with the preliminary plat the soil log and results of all tests which are conducted, whether passing or failing the statutory requirements. A deep soil log in accordance with P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.), is required for each five lots. The Town reserves the right to supervise or witness all or any percolation tests which are conducted, and the subdivider shall notify the County Department of Health at least 48 hours prior to the conducting of any tests. Any subdivision or part thereof which does not meet the requirements of this subsection or other applicable regulations shall not be approved.

(13) A state approved letter of interpretation of freshwater wetlands.

(14) An environmental impact statement, in accordance with the environmental impact statement section of this chapter.

C. Final plat. The final plat shall be drawn in ink on tracing cloth or equal, at a scale of not less than one inch equals 100 feet, and in compliance with all provisions of P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show or be accompanied by the following:

(1) Date, name and location of the subdivision, name of the owner and subdivider, graphic scale, reference meridian and name of the person who prepared the map.

(2) Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, park areas or land to be reserved or dedicated for public use, all lot lines and other site lines, watercourses, with accurate dimensions, including bearings and distances and curve information consisting of the following minimum data:

(a) Central angle.

(b) Radii.

(c) Arc and accurate dimensions to the actual street intersections as projected.

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

(4) Each block shall be numbered, and the lots within each block shall be numbered in conformity with the Municipal Tax Map, as determined by the Town Tax Assessor.

(5) Minimum building setback lines on all lots and other sites.

(6) Location and description of all monuments whether found, set or to be set.

(7) Names or owners of adjoining lands and of the land directly across the street or streets from property involved.

(8) Certification by engineer and/or surveyor as to accuracy of details or plat.

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

(10) When approval of a plat is required by any officer or body of such a municipality, county or state, approval shall be certified on the plat.

(11) Certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid to date.

(12) As-built plans and profiles of all roads and utilities. Duplicate tracings and three black- or blue-on-white prints shall be filed. One tracing and one print shall be filed with the Town Clerk, one tracing and one print shall be forwarded to the Town Engineer and one print shall be retained by the Land Use Board.

[Amended 12-10-2013 by Ord. No. 13-20]

(13) Lot grading plans. Following final approval, but prior to the issuance of a building permit, the applicant shall, when required by the Land Use Board as a condition of final approval, submit to the Town Engineer for his approval a separate detailed site plan of any lot, in duplicate, prepared by a licensed professional engineer, showing the existing contour lines of the plot upon which the dwelling structure is to be constructed, final elevations proposed for the corners of the plot, corners and floor level of the structure to be erected thereon; all swales, proposed terraces, sidewalks, steps and driveways, including the slopes thereof and provisions for the proper drainage thereof shall be shown on said site plan. Upon receipt of said site plan, the Town Engineer shall review the plan and determine whether or not it meets the standards set forth in this chapter. Upon making such a determination, the Engineer shall retain one copy and forward one copy of the site plan to the Building Inspector.

[Amended 12-10-2013 by Ord. No. 13-20]

(14) A letter containing a list of all items to be covered by a performance guaranty (cash or certified check), the quantities of each item, the cost of each item, utilizing prevailing unit prices common to the area and the total amount of all items.

(15) A letter from the Town Engineer stating that the required improvements have been installed to his satisfaction and in accordance with applicable Town specifications and that the performance guaranty is adequate to cover the cost of remaining improvements.

(16) A letter from the applicant's engineer stating that the final plat conforms to the preliminary plat, as submitted and approved.

D. Minor site plan. A minor site plan shall be prepared to scale, based on an existing survey, tax map or other similar accurate base, at a scale of not less than one inch equals 50 feet to enable the entire site to be shown on one sheet, and shall show or include the following information:

[Added 11-22-2005 by Ord. No. 05-15[1]]

(1) Date, name, location of site, name of owner, scale and North arrow.

(2) Area of lot and all lot line dimensions.

(3) Location, use and ground floor area of all existing buildings with building setback, site line and rear yard distances.

(4) Location of all existing features, including watercourses, wooded areas, easements, roads, structures, parking areas, and other improvements on or immediately adjacent to the site which will have any impact on the proposed changes to the site.

(5) Location and identification of all proposed changes to the site.

(6) Zoning table showing zone district and standards, existing compliance or nonconformities and proposed compliance or required variances.

(7) Topography or spot elevations, for changes that involve grading or construction of building or parking additions.

(8) Whatever other information the Board needs, based on the specific application and site, to make an informed decision.

[1] Editor's Note: This ordinance also redesignated former Subsections D and E as Subsections E and F, respectively.

E. 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. The site plan shall be drawn by a licensed New Jersey professional engineer and land surveyor and, where applicable to the proposed use or construction, the following information shall be clearly shown:

[Amended 6-12-1990 by Ord. No. 90-6]

(1) Date, name, location of site, name of owner, scale and reference meridian.

(2) Area of the lot and all lot line dimensions.

(3) The location of all existing watercourses, wooded areas, easements, rights-of-way, streets, roads, highways, freeways, railroads, canals, rivers, buildings, structures and any other feature directly on the property or beyond the property, if such feature has an effect upon the use of said property.

(4) Location, use and ground floor area of all existing and proposed buildings, with the building setback, side line and rear yard distances.

(5) Elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed.

(6) The location and widths of existing and proposed streets servicing the site plan.

(7) Specifications for and location of proposed surface paving and curbing.

(8) Location of all structures within 100 feet of the property.

(9) Location of off-street parking areas, with dimensions, showing proposed parking and loading spaces, with dimensions, width of proposed access drives and aisles and traffic circulation.

(10) Proposed storm drainage and sanitary disposal facilities; specifically, the location, type and size of all existing and proposed catch basins, storm drainage facilities, utilities, plus all required design data supporting the adequacy of the existing or proposed facilities to handle future storm flows. Generally all storm drainage facilities and other utilities should be based on a design using parameters currently used in the area.

(11) Existing and proposed contours of the property and for 100 feet outside the property at two-foot intervals when new buildings or parking areas are proposed.

(12) The location and treatment of proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional widths and any other devices necessary to traffic safety and/or convenience.

(13) The location and identification of proposed open space, parks or other recreation areas.

(14) The location and design of landscaping, buffer areas and screening areas.

(15) The location of sidewalks, walkways, traffic islands and all other areas proposed to be devoted to pedestrian use.

(16) The nature and location of public and private utilities, including maintenance and solid waste disposal and/or storage facilities.

(17) Specific location and design of traffic control devices, signs and lighting fixtures. The Land Use Board may require of the applicant expert testimony concerning the adequacy of proposed traffic control devices, signs and lighting fixtures.

[Amended 12-10-2013 by Ord. No. 13-20]

(18) Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, heights and general design or architectural styling.

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

(20) Location and description of proposed signs and outdoor lighting, if known.

(21) A soil erosion and sediment control plan if required in accordance with P.L. 1975, c. 251 (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.

(22) The Land Use Board may require any additional information which is reasonably necessary to ascertain compliance with the provisions of this chapter.

[Amended 12-10-2013 by Ord. No. 13-20]

(23) An environmental impact statement, if required by the environmental Impact Statement Ordinance of the Town of Clinton.

(24) If it can be demonstrated that, because of peculiar conditions relating to the property or proposed construction, any of the above details are not necessary to properly evaluate the site plan, the Land Use Board may modify or waive any of the specific site plan details.

[Amended 12-10-2013 by Ord. No. 13-20]

F. Final site plan.

(1) The site plan and related drawings and information submitted for preliminary approval shall satisfy the requirements for final approval of a site plan when final approval of the entire plan is being sought, unless modifications approved by the Town Engineer were made subsequent to preliminary approval. In such instances, revised drawings shall be submitted. The final site plan application shall be accompanied by a detailed plan for proposed landscaping showing the size, species and spacing of trees and plants and other landscaping treatment of unpaved areas.

(2) When final approval of only a section of a site plan granted preliminary approval is being sought, a final site plan of the section showing all applicable details prescribed in Subsection E shall be submitted.

(3) The Town Engineer may authorize minor variation between the final and preliminary site plans caused by field conditions and shall notify the Land Use Board of any change. All changes shall be shown on a final as-built site plan to be submitted to the Land Use Board before the issuance of a certificate of occupancy.

[Amended 12-10-2013 by Ord. No. 13-20]

(4) The foregoing provisions shall in no way be construed as exempting the applicant from filing the required fees or the required application forms as provided in § 88-39C.

§ 88-42 On-tract and on-site improvements.

A. On-tract and on-site improvements; on-tract installation for subdivisions. Prior to the granting of final approval, the applicant shall have installed, or furnished performance guaranties as set forth in § 88-40D for the ultimate installation of, the improvements described below. All improvements shall be subject to approval and inspection by the Town Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement. All installation shall be in accordance with Chapter 122, Streets and Sidewalks, of the Code of the Town of Clinton, where applicable, §§ 88-49 and 88-50 of this chapter and the Town of Clinton Standard Construction Standards, on file with the Public Works/Business Administrator and Town Engineer. The following improvements will be required except where the Land Use Board waives the requirement by specific resolution in conjunction with hardship, peculiar situations or special development provisions:

[Amended 9-13-1988 by Ord. No. 88-12; 12-12-1995 by Ord. No. 95-16; 12-10-2013 by Ord. No. 13-20]

(1) Streets and pavements. The subdivider shall design and construct streets and pavements meeting the minimum specifications as set forth in this chapter or such other specifications as may be required by the Town Engineer where special circumstances so require.

(2) Curbs and sidewalks. The subdivider shall construct curbs and sidewalks on both sides of all new and existing streets, avenues, highways and public lanes to the extent that such will be on-tract.

(3) Storm drains and culverts. All streets shall be provided with sufficient catch basins, storm sewers, culverts, water detention basins and other drainage appurtenances for the proper drainage of the area, in light of existing and future conditions. All such facilities shall be constructed in accordance with accepted engineering design practices or such other specifications as may be required by the Town Engineer where special circumstances so require. Storm drainage features shall be based on a fifteen-year frequency curve, or greater if required by the Town Engineer.

(4) Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:29-94 and shall be placed in accordance with said statute.

(5) Street name signs. Street name signs shall be placed at all street intersections within the subdivision. Such signs shall be of a type approved by the Town of Clinton and shall be placed in accordance with the standards of the Town of Clinton. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.

(6) Streetlighting. The subdivider shall be responsible for the installation of streetlighting facilities as approved by the Land Use Board in accordance with any applicable standards of the Town of Clinton.

(7) Topsoil protection. Topsoil which shall be removed in the course of regrading a subdivision shall not be used as spoil or removed from the subdivision site. Such topsoil shall be redistributed as to provide at least six inches of cover on areas to be used as building sites from which topsoil was removed and shall be stabilized by seeding or planting.

(8) Shade trees. Shade trees shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of the types and species as approved by the Shade Tree Commission. Said shade trees shall be spaced as required by the Shade Tree Commission.

(9) Sanitary sewers.

(a) Where a public sanitary sewer system is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with applicable specifications and requirements of the Town.

(b) Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewer disposal plant at its own cost and expense and in accordance with applicable specifications and requirements of the Town, and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection and the Town Engineer.

(c) Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required in accordance with Subsection A(9)(b) above, the subdivider may be required by the Land Use Board to install within the subdivision a complete sewer pipe system, including provision for connection thereto at each lot, provided that there is reliable information to indicate that connection of the development to a public sanitary sewer system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal systems for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Board of Health. The Land Use Board may further require the installation of house sewer service connections to the curbline at which point the same shall be capped.

(10) Percolation tests. Where a sanitary sewer system is not accessible, the subdivider shall furnish to the Land Use Board satisfactory proof by percolation, geoswingometer and other appropriate tests that substrata under each lot is sufficient to support a properly functioning individual sewage disposal system conforming to the requirements of the State Department of Environmental Protection and regulations issued thereunder as well as the ordinances of the Town of Clinton, unless said subdivider shall provide individual sewer lines and a sanitary sewer disposal plant as provided in Subsection A(9).

(11) Water supply. When a public water supply system is reasonably accessible to the subdivision, each lot within the subdivision shall be provided with water supplied by said water supply system. All facilities for said system shall be installed pursuant to and in accordance with all applicable requirements of the Town of Clinton.

(a) In the event that a public water supply system is not available to supply the proposed subdivision, the Land Use Board may require construction of a private water supply system in such manner that an adequate supply of potable water will be available to each lot within the subdivision at the time improvements are erected thereon and so that such system can be incorporated within the public supply system when and if it shall become available. The water treatment and distribution system shall be constructed and installed in conformity with applicable ordinances of the Town of Clinton and subject to the approval of the Town Engineer. The adequacy, healthfulness and potability of the private water supply system shall be subject to the approval of the Board of Health and the State Department of Environmental Protection, when such approval is required. The developer shall file with the Town a map of said water supply and distribution system adequately locating same.

(b) All water systems shall be installed in such manner as to ensure adequate pressures and quantities and ample flows for hydrants.

(c) If a public water supply system is not accessible and if construction of a private water supply is not required, each lot shall be served by an individual driven well. In such case and prior to preliminary approval, the subdivider shall submit evidence that underground potable water is available in sufficient quantity to serve the subdivision.

(12) Fire hydrants. Fire hydrants shall be installed in all subdivisions when a central water supply exists. Fire hydrants shall be of the type approved by the Town of Clinton in accordance with the recommendations of the Fire Insurance Rating Organization of New Jersey and shall be placed and installed in accordance with applicable standards of the Town of Clinton. Such installation shall be subject to the inspection and approval of the Public Works/Business Administrator.

(13) Electric, telephone and cable antenna television service. Except as otherwise provided in the regulations of the Board of Public Utility Commissioners, in all major subdivisions, electric, telephone and cable antenna television facilities shall be installed underground and, where applicable, in accordance with the latest requirements of said Board. Arrangements for such underground installation shall be made with the appropriate utility companies.

(14) Easements. Easements of a width sufficient to allow proper maintenance shall be provided for the installation of all drains, storm drains, pipelines, gas mains, etc. Said easements shall be dedicated to the municipality by approved legal procedure.

B. On-tract installations for site plans. Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties as set forth in § 88-40D for the ultimate installation of any required public on-tract improvements as the same are described in Subsection A. In addition, the Land Use Board may require the installation of on-site improvements, as described in Subsection C below, prior to the granting of final approval, and which it finds essential before the issuance of a building permit. All such improvements shall be subject to approval and inspection of the Town Engineer as provided in Subsection A above.

[Amended 12-10-2013 by Ord. No. 13-20]

C. On-site installations for site plans.

(1) Pavement. All parking and loading areas shall be paved in accordance with the specifications in § 88-49 of this article.

(2) Drainage. All sites shall be drained and graded so as to control surface runoff efficiently. Storm drainage shall be connected to existing facilities whenever possible. Retention facilities may be required by the Town in cases where existing systems lack capacity or where needed to protect downstream properties. Drainage design shall be as set forth in § 88-50 of this article.

(3) Parking. Parking spaces, pedestrian walkways and entrance and exit driveways shall be painted on the finished pavement in traffic paint.

(4) Curbs. All paved areas shall be bounded by curbs constructed of Belgian blocks in residential and commercial developments and of concrete in industrial developments.

[Amended 9-13-1988 by Ord. No. 88-12]

(5) Sidewalks. Concrete sidewalks, at least four feet in width and four inches in thickness, shall be constructed where required.

(6) 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 or wall not less than four nor more than six feet in height, maintained in good condition; provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Land Use Board. The fence as required by this section may be waived by the Land Use Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. The Land Use Board may also require construction of landscaped berms up to a height of five feet with slopes at a ratio of not less than 2:1.

[Amended 12-10-2013 by Ord. No. 13-20]

(7) Lighting. Adequate lighting shall be provided for parking areas in operation between 1/2 hour before sunset and 1/2 hour after sunrise. In addition, the premises shall have adequate lighting for security purposes during the foregoing period when the facility is not in operation. All exterior lighting shall meet the design standards established in § 88-44B(1)(g).

[Amended 8-14-1979 by Ord. No. 79-8]

(8) Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Land Use Board. Shade trees shall be installed within the street right-of-way in accordance with requirements of the Shade Tree Commission.

[Amended 12-10-2013 by Ord. No. 13-20]

(9) Utilities. All uses shall be provided with adequate water supply and sanitary disposal facilities, all in accordance with applicable local and state requirements.

(10) The Land Use Board may require items of construction such as retaining walls, guardrails, safety fencing, traffic barricades or other devices necessary in the interest of public safety and convenience.

[Amended 12-10-2013 by Ord. No. 13-20]

§ 88-43 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 in the manner provided below with respect to the installation of any required off-tract improvements.

A. Allocation of costs; criteria in determining allocation. The allocation of costs for off-tract improvements as between the applicant, other property owners and the Town, or any one or more of the foregoing, shall be determined by the Land Use Board, with the assistance of the appropriate Town agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract 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 Section 30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following criteria may also be considered, as well as any other reasonable criteria.

[Amended 12-10-2013 by Ord. No. 13-20]

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

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

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

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

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

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

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

B. Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the Land Use Board with the advice of the Town Engineer and appropriate Town agencies.

[Amended 12-10-2013 by Ord. No. 13-20]

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

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

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

D. Payment of allocated cost.

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

[Amended 12-27-1988 by Ord. No. 88-21]

(2) In the event the payment by the applicant to the Chief Financial Officer provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its appropriate share of the cost thereof.

[Amended 12-27-1988 by Ord. No. 88-21]

(3) In the event that the payment by the applicant to the Chief Financial Officer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assignee shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

[Amended 12-27-1988 by Ord. No. 88-21]

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

[Amended 12-10-2013 by Ord. No. 13-20]

(5) If the applicant and the Land Use 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 improvements are 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.

[Amended 12-10-2013 by Ord. No. 13-20]

E. Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the Town may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Town. Any assessments for benefits conferred made against the applicant or his successors in interest shall be first offset by a pro rata share credit of the allocated costs previously deposited with the Chief Financial Officer 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.

[Amended 12-27-1988 by Ord. No. 88-21]

§ 88-44 Design standards.

A. Subdivision.

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

(a) Development pattern. The subdivision plat shall conform to design standards that will encourage good development patterns within the Town.

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

(2) Streets.

(a) The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.

(b) All streets shall have rights-of-way and pavement widths sufficient to carry anticipated traffic, but in no event less than shown on the Master Plan or Official Map. All streets shall be constructed in accordance with Chapter 122, Streets and Sidewalks, and § 88-49 of this chapter.

(c) Marginal access. In subdivisions that abut arterial streets and such other streets or portions of streets as the Land Use Board may designate on the Master Plan, the Land Use Board may require provision for marginal access roads, reverse frontage lots with buffer strips for planting or other design methods for the purpose of separating through and local traffic.

[Amended 12-10-2013 by Ord. No. 13-20]

(d) Right-of-way width. The right-of-way 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.

(e) 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 Town Council under conditions approved by the Land Use Board.

[Amended 12-10-2013 by Ord. No. 13-20]

(f) Subdivisions that adjoin or include existing streets that do not conform to width 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 conveyed to the Town, county or state, as the case may be.

(g) Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1% or as approved by the Land Use Board.

[Amended 12-10-2013 by Ord. No. 13-20]

(h) Street intersections shall be right angles. The block corners at intersections shall be rounded at the property line and have a radius of not less than 25 feet.

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

(j) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(k) 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 minor streets and 300 feet for arterial and collector streets.

(l) All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.

(m) A dead-end street or cul-de-sac shall not exceed 600 feet in length. Dead-end streets shall have a turnaround at the end with a radius of not less than 50 feet to the right-of-way line and tangent whenever possible to the right side of the street. If a dead-end street is of temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

(n) No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets and logical subdivisions.

(3) Blocks.

(a) Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic. Block lengths generally shall not be less than 400 feet nor more than 1,000 feet in length.

(b) Pedestrian crosswalks may be required in blocks in locations deemed necessary by the Land Use Board. Such walkway shall be 10 feet wide and be straight from street to street.

[Amended 12-10-2013 by Ord. No. 13-20]

(c) For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

(4) Lots.

(a) Dimensions. Lot dimensions and area shall be not less than the requirements of the zoning regulations.

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

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

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

(e) Suitability. All lots shall be suitable for their intended uses and, where necessary, increased in size to compensate for conditions, such as steep slopes, rock formations and flood conditions.

(5) Public use and service areas.

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

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

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

(d) Reservation of public areas.

[Added 7-22-1986 by Ord. No. 86-9]

[1] If the Master Plan or Official Map of the Town of Clinton provides for the reservation of designated streets, public drainageways, flood control basins or other public areas within the proposed development, any such streets, ways, basins or areas must be shown on the preliminary and final plat in locations and sizes suitable to their intended uses. The Land Use Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Town of Clinton shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

[Amended 12-10-2013 by Ord. No. 13-20]

[2] The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. Fair market value for the value of an option to purchase the easement for the period of the reservation shall be determined by a licensed real estate appraiser to be selected by agreement of the parties. If the parties are unable to agree on any appraiser, the matter shall be referred to the New Jersey Superior Court for determination. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval as the case may be, caused by the reservation.

[3] The developer shall submit to the Town affidavits from his attorney, engineer and other professionals which detail the amount and nature of the additional charges incurred, and such other documentation as the Town may require to determine the reasonableness of the claim for increased costs.

[4] The Town of Clinton shall pay the developer for his actual loss, including reimbursement for the reasonable increased cost of professional services, within 90 days from the date the final plat is approved or the affidavits of service submitted, whichever is later; however, in the event that the parties can not agree as to the reasonableness of the amount of increased costs of professional services, the matter shall be referred to the New Jersey Superior Court for determination.

B. Site plan.

(1) General. In general, site plans shall be the principles of design relating to subdivisions where applicable. In reviewing said site development plan, the Land Use Board shall ascertain that the following requirements are complied with:

[Amended 8-14-1979 by Ord. No. 79-8; 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25; 4-14-1987 by Ord. No. 87-7; 8-24-1999 by Ord. No. 99-8; 12-14-2004 by Ord. No. 04-14; 12-10-2013 by Ord. No. 13-20]

(a) The provisions of the zoning regulations with respect to height, minimum lot areas, mandatory open spaces and the like shall be complied with.

(b) Adequate provision shall be made for off-street parking in accordance with the zoning regulations, and adequate traffic circulation, traffic safety and protection to adjoining property shall be provided.

(c) Adequate provision shall be made for the disposal of stormwater as approved by the Town Engineer.

(d) The location, design or construction of any building shall not be likely to involve risks of traffic congestion, public safety or hazard.

(e) The design or construction of any building or use will be consistent with the character of the neighborhood so as to maintain the value of adjacent or nearby property.

(f) All unpaved areas shall be attractively landscaped with grass lawns, trees and streets, unless allowed by the Land Use Board to remain in their natural state.

(g) Adequate illumination of parking areas and other portions of the premises requiring area lighting shall be provided and shall meet the following criteria:

[1] All lights shall be focused downward so that the direct source of light is not visible from adjoining streets or properties.

[2] No light source, including sign lights, shall exceed a height of 15 feet.

[3] All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.

[4] The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere and shall average a minimum of 0.5 footcandle over the entire area.

[5] The light intensity anywhere shall not exceed 0.5 footcandle along any property line or 0.3 footcandle if a residential property line.

[6] For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source.

[7] Provision shall be made for reduction in the intensity of illumination to the minimum need for security purposes when the facility is not in operation.

[8] The style of any light or light standard shall be consistent with the architectural style of the principal building.

[9] Freestanding lights shall be protected to avoid being damaged by vehicles.

[10] Spotlights and floodlights shall be so located and directed as not to project light beyond the property or to create a nuisance or hazard.

[11] Whenever possible, walkways shall be lighted with low or mushroom-type standards.

[12] Flashing, moving, rotating or strings of lights, except Christmas lights, are prohibited.

(h) 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. Driveways shall be not less than 50 feet from any street intersection nor 20 feet from another driveway measured along the curbline.

(i) 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, unoperable or unregistered vehicles.

(j) Design of parking areas.

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

	Type of Parking (angle)	Aisle Width (feet)
	Parallel	12
	30°	12
	45°	13
	60°	18
	90°	24

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

[3] Parking spaces in the PRD-P or PRD zones, or parking spaces for office, industrial or institutional uses, or wherever it can be demonstrated by the applicant that parking facilities will be used for long periods of time, shall have a minimum area of 162 square feet and minimum dimensions of nine feet in width by 18 feet in length, measured perpendicular to each other. All other parking spaces shall have minimum dimensions of 9.5 feet in width by 20 feet in length, measured perpendicular to each other, and a minimum area of 190 square feet. Wherever the parking space measures less than 20 feet in length, the aisle width for ninety-degree-angle parking shall be 25 feet instead of 24 feet.

(k) Off-street parking and loading location requirements. All off-street parking and loading areas, except for parking which is accessory to one- and two-family dwellings, shall, unless otherwise provided by this chapter, meet the location requirements prescribed in the following schedule.

	Schedule of Minimum Distances For Location of Parking and Loading Areas
	Zone	From Buildings* (feet)	From Streets (feet)	From Property Lines (feet)	From Residential Zones** (feet)
	R-1	10	10	10	10
	R-2	10	10	10	10
	R-2A	10	10	10	10
	R-3	5	5	5	5
	C-1	5	5	0	10
	C-2	5	10	10	25
	C-3	10	10	5	15
	C-4	10	10	10	25/502
	I	10	25	10	25
	OB-1	10	10	5	10
	OB-2	10	25	10	25
	OB-31	10	25	10	25

	NOTES: * Loading areas excepted. ** Not applicable where the property in the abutting residential zone is publicly owned.
	1
	2Parking shall be located at least 25 feet from a residential zone; loading areas shall be at least 50 feet from a residential zone.

(l) Each lot shall not have more than two accessways to any street or highway and shall comply with the following regulations:

[1] No accessway shall be located closer than 10 feet to any side lot line or 20 feet to any intersecting street.

[2] The width of any accessway leading from or to a street or highway shall not exceed 25 feet in width or be less than 15 feet in width.

[3] At the intersection with the lot line, no accessway shall be closer than 20 feet to any other accessway on the same lot.

[4] The location and number of accessways shall be so designed as to reduce traffic congestion and lower the possibility of traffic hazards.

(m) That all other applicable provisions of this chapter are met.

(n) That the applicant has obtained necessary approvals of any state, county or municipal agencies.

(o) The Land Use Board 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.

(2) In the case of a site plan for a planned development, such as a multifamily housing development, review of the site plan shall consider the following criteria:

(a) Departures by the proposed development from zoning regulations otherwise applicable to the subject property shall conform to the zoning regulations.

(b) The proposals for maintenance and conservation of common open space shall be reliable, and the amount, location and purpose of the common open space shall be adequate.

(c) Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate.

(d) The proposed development shall not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(e) Parking spaces shall not be entered directly from a public street.

(f) All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with this and other applicable ordinances.

(g) The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Planing Board and shall be designed to ensure maximum safety, proper circulation and maximum convenience for residents and their guests.

[Amended 12-10-2013 by Ord. No. 13-20]

(h) All common open spaces shall be attractively landscaped with grass lawns, trees and shrubs. Provision shall be made for the preservation of existing trees and natural features.

(i) Hard-surfaced sidewalks shall be provided in such locations as will ensure convenient pedestrian traffic as required by the Land Use Board.

[Amended 12-10-2013 by Ord. No. 13-20]

(j) Screening and fencing shall be provided to shield parking areas and other common facilities from view of adjoining property.

(k) Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area. All lighting shall meet the requirements of § 88-44B(1)(g).

[Amended 8-14-1979 by Ord. No. 79-8]

(l) Adequate provision shall be made for the installation of storm drainage facilities, public water supply and connection to a public sanitary sewer.

(m) All telephone and electric service on the property shall be by underground conduit.

(3) Site maintenance. All buildings, paved areas and landscaping shall be adequately maintained at all times. Dead trees or shrubs shall be replaced by the owner. Failure of the owner to comply with these provisions within six months of notification by the Building Inspector shall be considered a violation of this chapter.

C. Environmental impact statement (EIS).

[Added 6-12-1990 by Ord. No. 96]

(1) Requirement and purpose.

(a) No building permit shall be issued for any building or any land disturbed, with the exception of minor subdivisions or minor land disturbance, which requires the approval of the Land Use Board until an environmental impact statement shall have been submitted to and approved by the appropriate Board, unless waived in part or in total by that Board.

[Amended 12-10-2013 by Ord. No. 13-20]

(b) The purpose of this requirement is to permit the Board to assess the potential impact of a proposed project upon the environment, including physical, aesthetic and social considerations, both natural and man made.

(2) Filing and review procedures.

(a) Twenty copies of an environmental impact statement, prepared by a licensed professional engineer, professional planner or other qualified professional and meeting the requirements indicated herein, shall be submitted as a part of the documentation for preliminary subdivision or site plan approval. Such application shall not be deemed complete in the absence of the environmental impact study.

(b) Prior to a determination of completeness of an application, the Board shall submit to the Environmental Commission copies of the environmental impact statement or request for waiver for complexness review or justification for waiver. The Environmental Commission shall advise the Board in sufficient time for the Board to determine the completeness of the application, within the time period permitted by statute. No waiver shall be granted by the Board without advice from the Environmental Commission; however, if not received in a timely manner, the Board may take such action without comment from the Commission.

(3) Contents of environmental impact statement. An environmental impact statement shall identify, discuss and analyze each of the factors representing a potential impact, whether positive or negative, on the environment, as required herein, and shall contain the following information:

(a) Introduction: a description of the size, location and general character of the subject property, and the nature of the proposed development or use.

(b) Description of proposed development:

[1] Land use and zoning: a description of the existing land use and zoning of the subject property and surrounding properties within 1,000 feet.

[2] Zoning Map: a copy of the Town of Clinton Zoning Map, or portion thereof, with the subject property identified thereon and showing the relationship between the subject property and all surrounding zone limits within 1,000 feet.

[3] Tax Map: a copy of the applicable Town of Clinton Tax Map, or portion thereof, with the subject property identified and the lot and block designation of all other properties within 200 feet.

(c) Inventory of existing environment conditions: a detailed description of the following environmental conditions as they apply to the subject property, in its existing state, and to the region. All references and other sources of information shall be listed in the bibliography. The statement shall contain the following information:

[1] Water quality: a description of the quality of all on-site lakes, ponds or watercourses within the same drainage basin as the subject property. Documentation shall include results of actual laboratory analysis of samples.

[2] Air quality: a description of the quality of air at the subject property and in the region. Documentation shall include results of actual laboratory analysis of samples.

[3] Topography: an analysis and description of the existing terrain of the subject property and surrounding property within 200 feet. Documentation shall include mapping indicating all existing slopes in excess of 10%.

[4] Soils and geology: a description of the soils and underlying geology of the subject property, based upon actual field study or the Hunterdon County Soil Survey and appropriate geologic map. Included in this section shall be a suitability analysis of the identified soils and information regarding depth to bedrock, water table and other development constraints such as sink holes, subterranean caverns, aquifers, etc. In particular, hydric soils shall be so identified.

[5] Hydrology: a description of the existing hydrological characteristics of the property and surroundings. This shall include identification of all watercourses, ponds or lakes located on the subject property and within 200 feet of the subject property or which may be affected by the proposed development. All floodplains and/or New Jersey Department of Environmental Protection -- approved freshwater wetland boundaries, including but not limited to transition areas and buffer requirements, shall be accurately delineated and described.

[6] Vegetation: a description of the existing vegetation found on the subject property, including identification of species, size and quality, Significant trees (over 12 inches in caliper) or any endangered or rare plant species shall be identified and described in detail. Where the site may include freshwater wetland species, a complete wetland inventory and delineation should be performed by a qualified expert and approved by the New Jersey Department of Environmental Protection.

[7] Fish and wildlife: a listing of all fish and wildlife species observed on the subject property and which may find suitable habitat thereon. In addition, all endangered, threatened, peripheral, declining, undetermined and extirpated species which have been sighted or otherwise known to exist in the region shall be identified. At the discretion of the Board, the applicant may be required to submit documentation from the New Jersey Natural Heritage Program regarding confirmed sightings of these species in the vicinity of the subject property.

[8] History and archaeology: a description of the history of the subject property and any known archaeological findings on or in the vicinity of the subject property. This shall include a listing and location of the nearest sites of historical significance, including any listed by the National Register of Historic Places.

[9] Visual character: a description of the visual character of the property and surrounding area, including its architecture.

[10] Noise: a statement as to the ambient noise levels and their sources at the subject property. Documentation shall include the results of actual on-site sampling.

[11] Traffic: a description of the existing vehicular and pedestrian circulation systems on or in the vicinity of the subject property. The requirements of this item may be fulfilled in a separate traffic study if incorporated into the appendix of the EIS.

[12] Quality of fill and subsurface structures: a statement outlining the quality of fill at the subject property as well as an express delineation on an attached map of the location of any and all subsurface structures, including but not limited to fuel tanks and any other such structures on the site.

(d) Statement of environmental impact of project: a detailed description of the potential impact (positive or negative) of the proposed project on each of the following:

[1] Water quality: a description of the sources of potential impact on the quality of the natural water supply resulting from the proposed project.

[2] Air quality: a description of the sources of potential impact on the quality of air resulting from the proposed project.

[3] Water supply:

[a] A statement of possible impact on the water quality of the locality and region. Documentation supporting the estimate of impact shall be included.

[b] A statement as to the projected potable water demand of the proposes project and confirmation that adequate supply is available. A will-serve letter from the Town of Clinton Water Department shall be included in the project EIS.

[4] Topography: a description of the proposed topographic changes to the property as a result of the project and identification of any disturbance to all slopes in excess of 10%.

[5] Soils and geology: a description of what steps are to be taken during design or construction of the proposed project to accommodate the specific limitations of the soils and geology found on the property.

[6] Hydrology: a description of the proposed stormwater management plan of the project, including a statement as to the potential for groundwater recharge.

[7] Vegetation: an analysis of the changes in vegetative characteristics resulting from the proposed project. This section shall include a statement as to the disposition of any and all significant trees on the property and a description of all methods to be employed to preserve and protect trees or other vegetation designated to remain.

[8] Fish and wildlife: a statement of projected impact on the existing fish and wildlife populations.

[9] History and archaeology. A statement of adverse impact on the historical significance of the area and on specific historical and/or archaeological sites.

[10] Visual character: an objective view of whether or to what extent the proposed project will adversely affect the visual character of the area, including the architecture.

[11] Noise: an analysis of potential impact on the ambient noise levels of the area. If the proposed use or uses is expected to generate noise which may be in excess of existing conditions, a projected level shall be determined. This shall be supported by data from the Environmental Protection Agency (EPA), Department of Environmental Protection (DEP) or other credible sources.

[12] Traffic: a detailed description of the proposed vehicular and pedestrian circulation systems and a comprehensive analysis of the impact of the proposed project on the existing systems. The requirements of this item may be fulfilled in a separate traffic study if incorporated into the appendix of the EIS.

[13] Wastewater treatment and disposal: This shall include an estimate of wastewater flows generated by the proposed project. A will-serve letter from the Town of Clinton Sewer Department shall be included in the project EIS.

[14] Solid waste: an estimate of the volume of solid waste to be generated by the proposed project and what special disposal needs are necessitated by the specific nature of its use or uses. Specific plans to address solid waste recycling shall be included.

[15] Hazardous waste: Any anticipated toxic or otherwise dangerous or hazardous waste (which may take the form of solids, liquids, gases, dust, etc.) resulting from the construction or operation of the proposed project shall be clearly identified.

[16] Artificial light: a description of the artificial light produced by the proposed project, and its anticipated effects on surrounding areas.

(e) Economic impact: a statement of the potential impact of the proposed development on the local economy, public services, schools, displacement of population, etc.

(f) Unavoidable adverse impacts: a complete and detailed listing of all environmental elements adversely impacted by the proposed project.

(g) Mitigation of potential environmental impacts: a detailed description of all steps which may be employed before, during and after construction to minimize the adverse impacts of the proposed project. This shall include specific references to recommendations of the New Jersey Department of Environmental Protection and Hunterdon County Soil Conservation District.

(h) Project alternatives: a description of feasible alternatives to the proposed project, based upon current zoning.

(i) Project approvals: an itemization of all applicable local, county, state and federal approvals, permits, licenses, etc., required for the proposed project and the current status of each.

(j) Conclusions: a summary of the potential environmental impact of the proposed project on the subject property, the area and the region.

(k) Bibliography: a listing of all sources of information or references used in the preparation of the EIS.

(l) Appendix: miscellaneous supporting documents, charts, graphs and related material. This may include detailed studies (which may have been prepared by others) addressing any of the required categories of study and which may supplement the contents of the basic EIS.

§ 88-45 Standards for establishment of an open-space organization.

In the case of a planned development, such as a multifamily housing development, the developer shall, where appropriate to the form of dwelling unit ownership, provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development.

A. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space without first offering to dedicate the same to the Town.

B. In the event that such organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the governing body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, and in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.

C. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 88-46 Exceptions to applications.

[Amended 12-10-2013 by Ord. No. 13-20]

The Land Use Board, when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for 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.

§ 88-47 Selling before final approval.

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

B. In addition to the foregoing, the Town 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-56).

C. 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 assignee 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.

§ 88-48 Specifications as minimum requirements.

[Amended 12-10-2013 by Ord. No. 13-20]

The specifications established in §§ 88-49 and 88-50 are minimum requirements. Where individual site conditions warrant, the Land Use Board, upon advice of the Town Engineer, shall have the authority to require more stringent specifications.

§ 88-49 Street specifications.

A. General.

(1) The entire street right-of-way shall be cleared of all brush and trees except where the Shade Tree Commission indicates that certain trees may remain. The materials and methods of construction shall be in accordance with the requirements set forth in the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition and as supplemented, and the Town of Clinton Standard Construction Standards, on file with the Public Works/Business Administrator and Town Engineer.

[Amended 9-13-1988 by Ord. No. 88-12; 12-12-1995 by Ord. No. 95-16]

(2) Pavement specifications.

(a) The minimum compacted thickness of bituminous pavement shall be as follows:

		Minimum Thickness (inches)
	Type of Street	Bituminous Stabilized Base Course	Bituminous Concrete Surface Courses (FABC)
	Minor	5	2
	Arterial and collector	6	2

(b) When subsurface conditions indicate the need of subbase material under the bituminous pavement, the developer shall submit to the Town Engineer for his approval the thicknesses of bituminous pavement and subbase to be used.

(c) The minimum width of bituminous pavement shall be as follows:

	Type of Street	Minimum Width (feet)
	Minor	30
	Arterial and collector	As shown on the Master Plan of the Town

(d) A minimum period of six months shall elapse between the placement of the bituminous stabilized base course and FABC surface course.

B. Subgrade.

(1) All boulders, clay balls, organic matter, tree trunks, spongy soil and other objectionable material shall be removed and replaced by material approved by the Town Engineer.

(2) Roadway excavation.

(a) Unless otherwise specially provided, all roadway excavation will be considered unclassified. Roadway excavation shall include the transportation of the material excavated and the disposal of surplus material in a manner and at a location satisfactory to the Town Engineer.

(b) Roadway excavation shall be carried to the lines, grades and slopes shown on the plans or as directed by the Town Engineer. All materials shall be removed within the prescribed neat lines of excavation.

(c) Rock slopes shall be finished to a uniform surface, and pieces or rock which are loose or may become loose shall be removed. Earth slopes and other surfaces shall be smooth and have a neat finish.

(d) Roadway excavation shall be carried out in such a manner that the subgrade is kept well drained at all times.

(3) Embankment. Embankment shall be constructed from excavated material in a manner and at locations indicated upon the plans or as directed by the Engineer.

(4) Soil test.

(a) Soil in the road subgrade shall be tested and classified in accordance with the American Association of State Highway Officials' classification for soils.

(b) Soils having the general classification are approved for the construction of the standard thicknesses mentioned herein.

(c) The select material for sub grade where required shall be approved bank-run sand and gravel, quarry strippings or other suitable material of similar structural characteristics as approved by the Town Engineer.

(5) Preparing subgrade.

(a) The subgrade shall be formed to the required lines, grades and cross sections. The preparing of the subgrade shall not be commenced until all underlying drains and other subsurface structures have been constructed and their trenches have been properly backfilled and consolidated.

(b) The subgrade shall be properly shaped, rolled and uniformly compacted with a ten-ton roller so as to conform with the lines, grades and typical cross sections of this specifications and the approved final plat profile drawings.

(c) The subgrade shall be shaped and consolidated by rolling with a three-wheel roller, weighing not less than 10 tons, until it presents a firm and unyielding surface. In places where a roller cannot be used, it shall be thoroughly tamped and rammed with a hand tamp weighing not less than 50 pounds.

(d) The subgrade shall be maintained in a satisfactory condition and properly drained until the pavement or pavement foundation is placed thereon.

(e) Pavement mixtures shall not be deposited on the subgrade until it is properly finished to the satisfaction of the Engineer, nor when it is wet or frozen.

(6) No cuts and fills with side slopes steeper than one on three will be permitted except when this provision is specifically waived by the Town Engineer.

C. Subbase. The materials and methods of construction for the various types of subbase shall be as described in the New Jersey Department of Transportation Standard Specifications of 1961 and their current supplementals.

D. Bituminous stabilized base course. The materials and methods of construction for the base course shall be as described in Articles 3.2A.1 through 3.2A.4 of New Jersey Department of Transportation Standard Specifications of 1961 and their current supplementals.

(1) Soil aggregates shall be natural or prepared mixtures consisting predominantly of hard, durable particles of stone, sand and stone dust so combined that they will produce mixtures conforming to the gradation requirements specified herein.

	Sieve Size	Percent by Dry Weight Passing Sieve
	1 1/2	100
	3/4	55-90
	No. 4	25-60
	No. 10	20-50
	No. 40	15-30
	No. 200	5-20

(2) Where specified, the contractor shall furnish and lay a bituminous stabilized base course in the following manner:

(a) The material shall leave the plant at a temperature sufficient for workability under prevailing conditions. However, the temperature of the mixture when laid down shall not be less than 250° F. The material should be laid in one compacted five-inch lift using a paving machine.

(b) The base course shall be compacted in the following manner: initial rolling will be done with a three-wheel ten-ton or three-wheel tandem twenty-ton roller operating immediately in back of the spreader. The second, third and final rolling will be performed with a two- or three-wheel tandem roller until the mixture is thoroughly compacted to the satisfaction of the Town Engineer. Immediately upon completion of the base course, "donuts" of the same material as the base course shall be placed around manholes, catch basin, waterline valve boxes and all other necessary protrusions.

(c) Traffic may be carried, if necessary, on the base course for the minimum time necessary to maintain traffic control. The contractor shall be responsible for the maintenance of the base at all times while it is exposed to traffic.

(d) Immediately prior to construction of subsequent pavement surface thereon, the base course shall be cleaned of all loose and foreign materials and all damaged areas shall be repaired to the satisfaction of the Town Engineer and the tack coat applied.

(e) The standard street construction for all developments shall be a minimum of seven inches compacted thickness, five inches of stabilized base course and two inches of surface course.

(3) A tack coat shall be applied to the bituminous stabilized base course if, in the opinion of the Engineer, such layer becomes coated with dust, dirt or other foreign material sufficiently to prevent a good bond between the completed base course and the surface base course.

E. Bituminous concrete surface course (FABC). The materials and methods of construction for the surface course shall be as described in the New Jersey Department of Transportation Standard Specifications of 1961 and their current supplementals. The surface of the base course shall be clean, free from frost, foreign material and leaves and dry when paving operations are to start and shall be maintained in that condition. Bituminous concrete mix, Mix No. 5, or an approved equal shall conform to the requirement of New Jersey Department of Transportation Standard Specifications of 1961, including the materials, mixing, transportation and all other phases of construction, including Addenda A. The bituminous concrete mix shall have a uniform minimum depth of two inches unless a change in thickness is approved and authorized by the Town Engineer. Four-inch-diameter core borings shall be taken by a certified testing laboratory and examined, tested, etc., by this laboratory, and its report shall be sent directly to the Town of Clinton. The borings shall be taken one every 1,000 square yards of finished paving with a minimum of three. Location of the borings shall be designated by the Town Engineer. The laboratory shall perform the following tests as a minimum:

(1) Specific gravity.

(2) Materials.

(3) Thickness.

(4) Density.

F. Curbs, underdrains and crowns.

(1) Pavement crown shall be 3/8 inch per foot.

(2) Curbs shall be constructed of Belgian blocks in residential developments and concrete in industrial developments, and underdrains will be required where the Town Engineer deems necessary, all in accordance with Town standards.

(3) Curbs shall be so placed that the elevation of the top conforms to the following:

(a) On roads which have thirty-foot paving, the curb top shall be level with the elevation of the road at the center line.

(b) Where the paved width is 40 feet, the curb top shall be one inch below the elevation of the road at the center line.

(c) Where the paved width is 44 feet or greater, the curb top shall be 1 1/2 inches below the road at the center line.

(4) Excavation shall be made to the depth as required by these specifications and drawings. The base shall be a firm, even surface. Where the curb is to rest on fill, this fill shall be thoroughly compacted.

(5) Curb forms' shall be set true to line and grade and held rigidly in place. The form surface shall be such as to permit a smooth, even surface of neat appearance.

(6) Concrete shall be portland cement concrete with an ultimate strength of 3,000 pounds per square inch and a slump of less than four inches. The concrete shall be placed on a moist but not muddy base. No concrete shall be placed in temperatures below 32° F.

(7) Expansion joints shall be placed at a maximum distance of 20 feet apart on straight runs and on curves whose radius exceeds 200 feet and elsewhere as the Township Engineer may direct. The expansion joint material shall be 1/2 inch thick and will conform to the size and cross section of the curb except that it shall set back 1/2 inch from the top and front faces of the curb.

(8) The concrete curb shall be protected and kept in first-class condition throughout the construction period of the entire subdivision or until it is accepted by the Town Engineer.

G. Sidewalks.

[Amended 9-13-1988 by Ord. No. 88-12]

(1) Concrete sidewalks shall, in general, be built parallel to street lines and five feet from the face of the curb. The provisions of § 88-49F(7) will apply to sidewalk construction.

(2) The finished walk shall be scored so as to form squares, and expansion joints 1/2 inch thick shall be provided at intervals not to exceed 20 feet. Sidewalks shall be placed on a subbase of pea gravel or cinders, four inches' compacted thickness.

H. Driveways and parking areas.

(1) Driveways shall be paved with bituminous concrete surface course (FABC) placed on a minimum of six inches of compacted gravel base course. The surface course shall have a minimum compacted thickness of two inches.

(2) Depressed curb at driveways shall project 1 1/2 inches above the top of the bituminous surface course. The transition from the full height of the curb to the one-and-one-half-inch-high curb shall be a smooth one.

§ 88-50 Drainage design.

A. Drainage design criteria.

(1) The calculation of runoff rates for use in the design of the storm drainage system shall be by the rational method. For stream flow for areas of more than one square mile (640 acres), runoff shall be determined by the use of Special Report No. 38 entitled "Magnitude and Frequency of Floods in New Jersey with Effects of Urbanization," issued by the State of New Jersey Department of Environmental Protection, Division of Water Resources.

(a) Storm drainage systems draining local streets shall be designed to accommodate a fifteen-year storm frequency.

(b) Major stream modifications or special problem areas of local systems may, at the Town Engineer's discretion, be designed for twenty-five- , fifty- or one-hundred-year storm frequencies.

(c) All calculation methods and criteria shall be reviewed and approved by the Town Engineer.

(2) The design capacity of storm drain pipes and conduits shall be determined by use of Manning's Equation.

(a) Design velocities in pipes must be a minimum of three feet per second to allow self-cleaning and a maximum of 15 feet per second to prevent scouring of pipes, manholes and inlets and erosion at points of discharge.

(b) Reinforced concrete pipes shall be used for all storm sewer systems.

(c) All pipes shall be a minimum of 15 inches in diameter.

(3) Each road shall have at least one stormwater drain pipe with inlets on both sides of the street spaced to efficiently intercept stormwater so as to allow no gutter ponding greater than three feet into the street during peak runoff periods. Each cul-de-sac shall have at least two inlets to remove storm-water. Each major low point along streets shall have double inlets. Inlets shall be placed and provisions shall be made so as to receive pipes from each dwelling for sump-pump water discharge.

(4) Where necessary, manholes may be incorporated into the drainage system. All drainage structures shall be placed wherever storm drain pipes intercept branch lines, change alignment, change grade and where pipe sizes are increased. These drainage structures shall have sufficient depth to prevent overflow due to energy losses or change in flow directions.

(5) Interception of streams, brooks and ditches.

(a) Where existing streams are intercepted by a drainage system, headwalls shall be constructed with flared wingwalls and splash pad. On the downstream or discharge end of a drainage system, a headwall of similar configuration shall be constructed.

(b) When designing the upstream end of the system, the inlet shall be designed to intercept all stream flow for the selected storm frequency with an allowable headwater elevation at least one foot below the top of the headwall, with no water to flow by the headwall.

(c) When the system discharges into a brook or ditch, it shall be designed to conform to Manning's Formula. Velocities for earth ditches shall not exceed four feet per second.

(d) Side slopes for earth ditches shall not be steeper than two to one.

B. General provisions: utility and drainage pipe installation.

(1) All storm drain pipes starting or terminating in an open channel shall have suitable headwalls.

(2) All pipes shall be laid on undisturbed subgrade with a full, firm and even bearing. When material at the bottom of the trench is found to be soft or otherwise unsuitable, it shall be removed to such depth as the Town Engineer may require and space backfilled and compacted proper to grade with a suitable granular material. Rocks and boulders in the excavation for all pipes shall be removed within eight inches of the outside surface of the barrel of the pipes at the bottom and sides. The space excavated below the pipe shall be filled with suitable fine material and shall be compacted with mechanical or vibratory soil compactors so that it is uniformly dense and firm. The bottom of the trenches prepared as above specified shall conform to the grades of the bottoms of pipes or structures and shall be recessed for pipe bells, collars, connectors, etc.

(3) Backfill and compaction of storm drain pipe trenches shall be as follows: Backfill from the bottom of the trench to a height two feet above the top of the pipes shall be screened gravel and/or suitable granular material and shall be placed in lifts of not more than six inches with each lift compacted with approved flat-faced mechanical tampers. Backfill more than two feet above the top of pipes shall be by approved vibratory soil compactors if the backfill material is preponderantly sand or sand and gravel but contains more than 12% by weight of material that will pass the No. 200 sieve or by approved vibratory compactors or flat-faced mechanical tampers if the material is preponderantly sand or sand and gravel and contains not more than 12% by weight of material that will pass the No. 200 sieve. Puddling of backfill material will not be allowed.

(4) All storm drain pipes, sanitary sewers and waterlines shall be extended to the end of each road or to the boundary lines of the subdivision in the event that a road terminates in a cul-de-sac.

(5) All sanitary sewers shall be inspected at the subdivider's own cost and expense by means of a traveling camera or other device previously approved by the Town Engineer, with a film to be made of the entire length of every pipeline. Any damages or defects revealed by this inspection shall be promptly repaired and reinspected by means of the camera or other device previously approved by the Town Engineer until an acceptable line has been proven to the Town Engineer. After each inspection, all film shall be made available to the Town Engineer, with at least one print of such film to be retained by the Town of Clinton and to become the property of the Town.

(6) Stormwater retention basins shall be provided, whenever feasible, where there is no available outlet for stormwater or where the available outlets are inadequate. Retention basin design shall be based on design criteria established by the Town Engineer. The outflow from the retention basin shall be limited to or less than the runoff rate prior to development.

(7) All storm sewer, sanitary sewer or water main pipe shall be inspected by the Town Engineer prior to backfilling of the trench. The Town Engineer must be notified of all construction operation schedules so that proper inspection can be made prior to backfill of any trenches.