The approval provisions of this Article shall
be administered by the Town of Dover Planning Board or Board of Adjustment,
whichever has jurisdiction of the development application, in accordance
with N.J.S.A. 40:55D-1 et seq.
Prior to the issuance of a permit for any development,
other than those exemptions listed herein, and as a condition for
the issuance of any such permit for development, a site plan of the
proposed development must be submitted to and approved by the Planning
Board or Board of Adjustment, whichever has jurisdiction, in accordance
with the requirements of the site plan regulations.
A. Exemptions. The following shall be exempt from site
plan review:
[Amended 12-10-2002 by Ord. No. 35-2002]
(1) All single- and two-family dwellings and their permitted
accessory structures.
(2) Conforming freestanding signs and flagpoles.
(3) Construction of a trash enclosure in accordance with the requirements of §
236-54M(4) that is reviewed and approved by the Town Engineer and Town Recycling Coordinator.
[Added 4-10-2012 by Ord. No. 3-2012]
B. Minor site plan.
(1) A "minor site plan" shall be defined as a site plan
where:
(a)
The anticipated cost of construction or alteration
does not exceed $20,000;
(b)
The construction or alteration involves the
addition or no more than 2,000 square feet of additional floor area;
or
(c)
Less than eight new parking spaces are proposed.
(2) The site plan shall not necessitate the construction
of public improvements.
C. Major site plan. A major site plan shall be all site
plans which do not meet the criteria of a minor site plan.
D. Waiver of site plan review.
(1) An applicant seeking approval of a permitted change
in use or modification of an existing conforming use may apply for
a waiver of site plan review, provided that such change in use or
modification of an existing conforming use would not involve any of
one or more of the following:
(a)
Any structural alteration to the exterior of
the building.
(b)
Any anticipated increase in the number of occupants
beyond four.
(c)
Any storm drainage installation or need for
the same as determined by the Town Engineer.
(d)
An increase of stormwater runoff of more than
one cubic foot per second during a twenty-five-year rainfall event.
(e)
Redirecting of stormwater runoff.
(f)
A change in any vehicular traffic circulation
patterns.
(2) An applicant meeting the requirements specified for
waiver of site plan review may, at his/her option, apply for an expedited
waiver of site plan (EWSP) to the Planning Board.
(3) Expedited waiver of site plan (EWSP) procedure.
(a)
Administration of EWSP procedure.
[Amended 3-14-2000 by Ord. No. 3-2000]
[1]
The EWSP procedure shall be administered by
a three-member EWSP Committee consisting of the following Town of
Dover officials:
[Amended 9-10-2019 by Ord. No. 11-2019]
[a] The Planning Board Secretary.
[b] The Planning Board Attorney.
[c] The Town Engineer, or in his absence,
a full-time employee of the Engineering Department with a title of
Principal Engineering Aide or higher.
[2]
Should the Town Engineer also hold the position
of Zoning Officer, then the third member of the Committee shall be
appointed by the Chairman of the Planning Board. The member shall
be part of the Planning, Construction or Zoning Department staff or
a Class II or Class IV member of the Planning Board. In appointing
said member, the Chairman shall consider the availability of the prospective
member to attend EWSP meetings during normal business hours within
the time periods hereinafter required. The term of the Committee member
appointed by the Chairman of the Planning Board shall be made yearly
at the reorganization meeting of the Planning Board.
(b)
The EWSP Committee will meet twice a month to
review expedited waiver of site plan applications, unless there are
no pending applications.
(c)
EWSP Committee approval/referral.
[1]
An EWSP approval requires the unanimous approval
of all three Committee members.
[Amended 3-9-1999 by Ord. No. 2-1999]
[2]
Any approval shall be based on a determination
that all of the requirements for waiver of site plan have been met.
If the Committee determines that the application falls outside the
scope of the procedure, denies the approval of the application or
fails to grant unanimous approval, the applicant may appeal the action
to the Planning Board.
[3]
The Committee shall refer that application to
the Planning Board if it determines that approval of the application
is beyond its responsibility or authority.
[4]
Committee approval or referral to the Planning
Board must be made within 10 working days after filing a complete
application.
[Amended 3-9-1999 by Ord. No. 2-1999]
[5]
An EWSP application shall be deemed complete
upon review and certification by the Town Engineer that the following
have been submitted to the Planning Board Clerk:
[a] A complete application form as
provided by the Planning Board Clerk.
[b] Certification of payment of taxes
to date.
[c] Payment of EWSP application fee.
[6]
The Planning Board Clerk shall maintain minutes
of all EWSP Committee meetings and provide copies to the Planning
Board.
E. Site plan binding.
[Added 11-10-1998 by Ord. No. 32-1998]
(1) All site plans as approved by the Planning Board or
Board of Adjustment shall be binding upon the applicant, his assignees,
his successors and/or all future users of the site for the use or
uses approved under said site plan. Any changes from the approved
plan or conditions of approval shall require a resubmission and reapproval
by the board of jurisdiction.
(2) Minor deviations from the approved plan necessitated
by field conditions that would not impact on the intent of the board's
approval may be authorized by the Town Engineer.
(3) Any deviation from an approved plan or condition of
approval of said plan shall be deemed a violation of this chapter.
(4) Failure to maintain any site improvements shown on
the approved plan or required as a condition of the resolution, including
but not limited to pavement, sidewalks, curbs, landscaping, lighting,
pavement striping and markings, signage and drainage facilities shall
be deemed a violation of this chapter.
[Amended 12-13-1994 by Ord. No. 39-1994; 8-13-2002 by Ord. No. 21-2002; 7-13-2004 by Ord. No.
21-2004; 7-10-2018 by Ord. No. 09-2018]
The following development details must be provided and submitted
with the appropriate application(s) and checklist form for the development.
The checklist items are provided to the applicant as a simplified
list of the information which must be filed in support of an application
for development. Where the applicant feels that a required item is
not necessary for an informed evaluation of his plans, a waiver may
be requested from the appropriate Board, in writing. Unless a waiver
is requested in writing and granted by the appropriate Board, if items
required in the checklist are not provided with the application, the
application shall be deemed incomplete.
A. Administrative. All development applications shall provide the following
information:
(1) Application form(s): 17 copies.
(2) Completed checklist form(s): 17 copies.
(3) Plans prepared by an appropriate licensed professional in accordance
with state law: 17 hard copies (one rolled and unstapled; 16 stapled
and folded) and one digital copy (PDF).
(4) Signature and seal of the appropriate licensed professional who prepared
the plans, on the plans.
(5) Environmental impact statement in accordance with the requirements of §
236-63, Environmental impact statement, if required: 17 copies.
(6) Proof of payment of taxes.
(7) Certification from the applicant's engineer on any development application
stating that no wetlands exist on the property in question, in accordance
with the requirements of N.J.A.C. 7:7A, as amended and supplemented,
or, in the alternative, any of the following:
(a)
An exemption certificate issued by the New Jersey Department
of Environmental Protection indicating that no wetlands exist on the
property in question.
(b)
A wetlands permit issued pursuant to the New Jersey Administrative
Code.
(c)
A certification by the applicant's engineer that application
has been made to the New Jersey Department of Environmental Protection
for an exemption or wetlands permit.
(d)
The applicant shall, in addition, submit a map delineating the
wetlands if, in fact, wetlands exist on the property.
(8) A complete submission package, with the appropriate fee, for the
Morris County Planning Board for all applicable applications.
(9) All current tenants on the property must have a certificate of compliance,
a copy of which shall be submitted with the application, and if the
most recent certificate of compliance is more than 180 days old at
the time of the filing of the application, a copy of a current exterior
inspection report shall be secured from the Code Enforcement Department
and submitted with the application.
(10)
A copy of the deed of the property and any deed restrictions,
easements and/or covenants.
B. Minor subdivisions. In addition to the requirements of Subsection
A, all minor subdivision development applications shall provide the following information:
(1) The date, scale, North arrow, block and lot numbers, zoning districts
and dates of all revisions.
(2) A key map showing the location of the tract to be considered in relation
to surrounding area within 200 feet, including tax lots, streets and
zone boundary lines.
(3) A signature box for the Chairman, Secretary and Engineer of the approving
agency.
(4) Existing structures and streams/waterbodies on adjacent properties.
(5) The names and addresses of the owner of the subject property, the
applicant and the plan preparer and all property owners within 200
feet.
(6) The size of the tract to the nearest square foot and lot area of
all proposed lots to the nearest square foot.
(7) Existing contours (two-foot intervals) and spot elevations at building
corners, tops and bottoms of walls and other appropriate locations.
(8) Dimensions of all lots, including bearings and distances of all existing
and proposed lot lines.
(9) A designation of the permitted building envelope, including front,
side and rear yard setbacks and required buffers.
(10)
Rights-of-way, easements and all lands to be dedicated to the
Town or reserved for specific use.
(11)
The locations and dimensions of existing buildings and of all
accessory structures, such as walls, fences, culverts, etc. Structures
to be removed shall be indicated by dashed lines.
(12)
All existing and proposed curbs and sidewalks.
(13)
The locations of all existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
(14)
A comparison of the zone regulations to the proposed development.
(15)
A listing of variances required, together with filing of appropriate
application.
(16)
Such other information or data as may be required by the Planning
Board in order to determine that the details of the minor subdivision
are in accord with the standards of the required ordinances.
(17)
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with §
236-21.2, Steep slope development restrictions.
C. Major subdivisions, preliminary. In addition to the requirements of Subsection
A, all preliminary major subdivision development applications shall provide the following information:
(1) The date, scale, North arrow, block and lot numbers, zoning districts
and dates of all revisions.
(2) A key map at a scale of one inch equals 200 feet minimum, showing
surrounding streets and tax lots.
(3) A signature box for the Chairman, Secretary and Engineer of the approving
agency.
(4) Existing structures and streams/waterbodies on adjacent properties.
(5) The names and addresses of the owner of the subject property, the
applicant and the plan preparer and all property owners within 200
feet.
(6) The size of the tract to the nearest square foot and the lot area
of all proposed lots to the nearest square foot.
(7) Existing contours (two-foot intervals) and spot elevations at building
corners, tops and bottoms of walls and other appropriate locations.
(8) All existing property lines, streets, buildings, watercourses, railroads,
bridges, culverts, drain pipes and natural features, such as wooded
areas and rock formations.
(9) The dimensions of all lots, including bearings and distances of all
existing and proposed lot lines.
(10)
Rights-of-way, easements and all lands to be dedicated to the
Town or reserved for specific use.
(11)
The locations and dimensions of existing buildings and of all
accessory structures, such as walls, fences, culverts, etc. Structures
to be removed shall be indicated by dashed lines.
(12)
Plan, profile and typical section of all proposed roads, including
cross sections at fifty-foot minimum intervals.
(13)
The locations of all existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
(14)
Plans of proposed utility layouts, including sanitary sewers,
storm drains, water mains, gas lines, electric lines and cable television.
(15)
Connections to existing utility systems.
(16)
Delineation of all freshwater wetlands areas as defined under
N.J.A.C. 7:7A-1.3, Definitions, of the Freshwater Wetlands Protection
Act Rules, on the property and within 50 feet of the property. All
regulated activities as defined in N.J.A.C. 7:7A-1.3, Definitions,
of the Freshwater Wetlands Protection Act Rules, shall be delineated
and identified on the plan.
(17)
Delineation of all floodways, flood hazard areas and riparian
zones for regulated water on the property and within 50 feet of the
property, including the top of bank, floodway line(s), flood hazard
area limit line(s) and the flood hazard area design flood elevation.
All regulated activities as defined in N.J.A.C. 7:13, Flood Hazard
Area Control Act Rules, shall be delineated and identified on the
plan. If none of these items exist on the property or within 50 feet
of the property, a note stating such shall be provided on the plan.
(18)
Soil erosion and sediment control plan.
(19)
Soil balance calculations.
(20)
Drainage calculations for all required and proposed stormwater
collection systems.
(21)
A Stormwater Management Plan in accordance with Chapter
236, Article
VB, Stormwater Management, for all applicable developments.
(22)
All existing and proposed curbs and sidewalks.
(23)
Comparison of the zone regulations to the proposed development.
(24)
All variances requested, together with all appropriate applications.
(25)
Rights-of-way, easements and all land to be dedicated to the
municipality or reserved for specific uses.
(26)
A soil disturbance plan containing all information required by Chapter
236, Article
VII, Soil Disturbance.
(27)
A tree removal plan, if necessary.
(28)
Such other information or data as may be required by the Planning
Board in order to determine that the details of the minor subdivision
are in accord with the standards of the required ordinances.
(29)
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with §
236-21.2, Steep slope development restrictions.
(30)
A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property.
(31)
If the plan is not signed by a licensed land surveyor, all existing
planimetric features, existing building locations and existing contours
shown on the site plan must reference a survey drawing prepared by
a licensed land surveyor, and said survey, signed and sealed by a
licensed land surveyor, shall accompany the site plan drawing(s) as
required by law.
D. Major subdivisions, final. In addition to the requirements of Subsection
A, all final major subdivision development applications shall provide the following information:
(1) All checklist items required for a major subdivision preliminary
plat. The plan shall reflect the as-built condition of all work completed
under the preliminary approval if applicable.
(2) The final plat prepared for filing in accordance with the Map Filing
Law (N.J.S.A. 46:23-9.9 et seq.).
E. Site plans, minor. In addition to the requirements of Subsection
A, all minor site plan development applications shall provide the following information:
(1) The date, scale, North arrow, block and lot numbers, zoning districts
and dates of all revisions.
(2) A key map showing the location of the tract to be considered in relation
to the surrounding area within 500 feet, including tax lots, streets
and zone boundary lines.
(3) A signature box for the Chairman, Secretary and Engineer of the approving
agency.
(4) The names and addresses of the owner, applicant and plan preparer
and all property owners within 200 feet.
(5) The size of the tract to the nearest square foot.
(6) A list of zone district requirements showing compliance with variances
requested, together with all appropriate applications.
(7) Existing and proposed contours (two-foot intervals) and elevations.
(8) Delineation of all freshwater wetlands areas as defined under N.J.A.C.
7:7A-1.3, Definitions, of the Freshwater Wetlands Protection Act Rules,
on the property and within 50 feet of the property. All regulated
Activities as defined in N.J.A.C. 7:7A-1.3, Definitions, of the Freshwater
Wetlands Protection Act Rules, shall be delineated and identified
on the plan.
(9) Delineation of all floodways, flood hazard areas and riparian zones
for regulated water on the property and within 50 feet of the property,
including the top of bank, floodway line(s), flood hazard area limit
line(s) and the flood hazard area design flood elevation. All regulated
activities as defined in N.J.A.C. 7:13, Flood Hazard Area Control
Act Rules, shall be delineated and identified on the plan. If none
of these items exist on the property or within 50 feet of the property,
a note stating such shall be provided on the plan.
(10)
The location of existing wooded areas, watercourses, easements,
streets, structures or any other features on the property or beyond
the property which have an effect on the use of the subject property.
(11)
The location, use and floor area of each proposed structure.
(12)
The location, design and capacity of proposed off-street parking
and loading facilities, pedestrian circulation plans and solid waste
and recyclable materials storage.
(13)
A landscaping plan, including the types, quantity, size and
location of all proposed vegetation with planting details. The scientific
and common names of all vegetation shall be included.
(14)
Rights-of-way, easements and all lands to be dedicated to the
municipality or reserved for specific uses.
(15)
A comparison of the zone regulations to the proposed development.
(16)
Bearings and distances of all lot lines.
(17)
Designation of front yards, side yards and rear yards.
(18)
Such other information or data as may be required by the Planning
Board in order to determine that the details of the site plan are
in accord with the standards of the required ordinances.
(19)
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with §
236-21.2, Steep slope development restrictions, where applicable.
(20)
A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property.
(21)
If the site plan is not signed by a licensed land surveyor,
all existing planimetric features, existing building locations and
existing contours shown on the site plan must reference a survey drawing
prepared by a licensed land surveyor, and said survey, signed and
sealed by a licensed land surveyor, shall accompany the site plan
drawing(s) as required by law.
(22)
The locations of all existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
(f)
All overhead electric, telephone, cable and data lines and services,
including utility poles.
F. Site plans, major preliminary. In addition to the requirements of Subsection
A, all preliminary major site plan development applications shall provide the following information:
(1) The date, scale, North arrow, block and lot numbers, zoning districts
and dates of all revisions.
(2) A key map showing the location of the tract to be considered in relation
to surrounding area within 500 feet, including tax lots, streets and
zone boundary lines.
(3) A signature box for the Chairman, Secretary and Engineer of the approving
agency.
(4) The names and addresses of the owner, applicant and plan preparer
and all property owners within 200 feet.
(5) The size of the tract to the nearest square foot.
(6) A list of zone district requirements showing compliance with variances
requested together with all appropriate applications.
(7) Existing contours (two-foot intervals) and spot elevations at building
corners, tops and bottoms of walls and other appropriate locations.
(8) Delineation of all freshwater wetlands areas as defined under N.J.A.C.
7:7A-1.3, Definitions, of the Freshwater Wetlands Protection Act Rules,
on the property and within 50 feet of the property. All regulated
activities as defined in N.J.A.C. 7:7A-1.3, Definitions, of the Freshwater
Wetlands Protection Act Rules, shall be delineated and identified
on the plan.
(9) Delineation of all floodways, flood hazard areas and riparian zones
for regulated water on the property and within 50 feet of the property,
including the top of bank, floodway line(s), flood hazard area limit
line(s) and the flood hazard area design flood elevation. All regulated
activities as defined in N.J.A.C. 7:13, Flood Hazard Area Control
Act Rules, shall be delineated and identified on the plan. If none
of these items exist on the property or within 50 feet of the property,
a note stating such shall be provided on the plan.
(10) The location of existing wooded areas, watercourses, easements, streets,
structures or any other features on the property or beyond the property
which have an effect on the use of the subject property.
(11)
The locations of all existing public utilities along all street/public
right-of-way frontages and property-contained easements and adjacent
easements, including:
(a)
All water mains and services with material and pipe sizes, valves
and hydrants.
(b)
All sanitary sewer lines, including pipe size, material, manholes
with rim and invert elevations.
(c)
All storm sewer lines, including pipe sizes, material, manholes,
inlets and other drainage structures with rim and invert elevations.
(d)
All gas, telephone, data and other underground utilities.
(e)
All overhead electric, telephone cable and data lines and services,
including utility poles.
(12)
The location, use and floor area of each proposed structure.
(13)
The location of all proposed roads.
(14)
The location, design and capacity of proposed off-street parking
and loading facilities, pedestrian circulation plans and solid waste
and recyclable materials storage.
(15)
Plan and profile of proposed storm drainage facilities.
(16)
Plan and profile of sanitary sewer facilities.
(17)
Plans for potable water supply.
(18)
The location and identification of proposed open space, park
or recreation areas.
(19)
Soil erosion and sediment control plan.
(20)
A landscaping plan, including the types, quantity, size and
location of all proposed vegetation with planting details. The scientific
and common names of all vegetation shall be included.
(21)
Lighting plan, including direction of illumination, types of
standards and power and time of proposed outdoor lighting.
(22)
Rights-of-way, easements and all lands to be dedicated to the
municipality or reserved for specific uses.
(23)
A comparison of the zone regulations to the proposed development.
(24)
Bearings and distances of all lot lines.
(25)
Designation of front yards, side yards and rear yards.
(26)
A soil removal plan for all soil to be taken from the site.
(27)
A soil fill plan for all soil to be brought to the site.
(28)
A tree removal plan, if necessary.
(29)
Drainage calculations for all proposed drainage facilities,
including an analysis of the capacity of downstream facilities and
their ability to receive proposed added flow.
(30)
A Stormwater Management Plan in accordance with Chapter 236, Article
VB, Stormwater Management, for all applicable developments.
(31)
Such other information or data as may be required by the Planning
Board in order to determine that the details of the site plan are
in accord with the standards of the required ordinances.
(32)
The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with §
236-21.2, Steep slope development restrictions.
(33)
A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property.
(34)
If the site plan is not signed by a licensed land surveyor,
all existing planimetric features, existing building locations and
existing contours shown on the site plan must reference a survey drawing
prepared by a licensed land surveyor, and said survey, signed and
sealed by a licensed land surveyor, shall accompany the site plan
drawing(s) as required by law.
G. Site plans, major final. In addition to the requirements of Subsection
A, all final major site plan development applications shall provide the following information:
(1) All checklist items required for a major subdivision, preliminary
plat. The plan shall reflect the as-built condition of all work completed
under the preliminary approval if applicable.
H. Variances and waiver of site plan review. In addition to the requirements of Subsection
A, all variance applications that are not a part of any other aforementioned development application or waiver of site plan review aforementioned development applications shall provide the following information:
(1) A signed and sealed current property survey prepared by a licensed
land surveyor depicting the property lines and current conditions
on the property and 17 copies (six copies for expedited waiver of
site plan).
(2) A sketch of the proposed development superimposed on a copy of the
property survey, with dimensions and distances to adjacent structures
and property lines. The sketch shall include all existing and proposed
uses on the property, geometrically delineated.
(3) The designation and calculations of steep slope areas and their adjustment to the developable area of the property in accordance with §
236-21.2, Steep slope development restrictions, where applicable.
I. Amended site plan or subdivision. In addition to the requirements of Subsection
A, all amended site plans or subdivisions shall provide:
(1) A complete set of the previously approved site plan or subdivision
plan and approving resolution(s), clearly marked with all revisions/amendments
being sought.
All improvements (except electric and gas) shall
be installed under the supervision and inspection of the Town Engineer,
the cost thereof to be borne by the developer.
[Added 10-9-2018 by Ord.
No. 13-2018]
A. Escrow. At least one week prior to the beginning of construction
or installation of any required improvements, the developer shall
notify the Municipal Engineer, in writing, of the developer's intention
to commence such work. All improvements and utility installations
shall be inspected during the time of their installation by the Municipal
Engineer or his designee to ensure satisfactory completion, and no
underground installation shall be covered until inspected by the Municipal
Engineer or his designee. The developer shall reimburse the Town for
reasonable inspection fees paid to the Municipal Engineer for the
inspection of improvements, which fees shall not exceed the sum of
the amounts set forth below. The developer shall deposit the necessary
inspection fee with the Planning and Zoning office prior to the start
of any construction or prior to signing the final plat, whichever
shall first occur. The inspection fee shall be in addition to the
amount of any required performance or maintenance guarantees and shall
consist of a sum equal in an amount:
(1) Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee; and
(2) Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee, which cost shall be determined
pursuant to N.J.S.A. 40:55D-53.4.
B. Replenishment of escrow account. If the Town determines that the
amount in escrow for the payment of inspection fees is insufficient
to cover the cost of additional required inspections, the Town may
require the developer to deposit additional funds in escrow, provided
that the Town delivers to the developer a written escrow deposit request,
signed by the Municipal Engineer, which informs the developer of the
need for additional inspections, details the items or undertakings
that require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
C. Performance guarantee.
(1) Requirements; form; rights.
(a)
Improvements; cost.
[1]
Prior to the filing of a final subdivision plat, recording of
minor subdivision deeds, or as a condition of final site plan approval,
or as a condition to the issuance of a zoning permit, the developer
shall have filed with the Municipal Clerk a performance guarantee
in favor of the municipality in an amount not to exceed 120% of the
cost of installation of only those improvements required by an approval
or developer's agreement, ordinance or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the Municipal Engineer, including the following
improvements as shown on the approved plans or plat:
[k] Community septic systems.
[m] Public improvements of open space.
[n] Any grading necessitated by the preceding improvements.
[o] Privately owned perimeter buffer landscaping, within
an approved phase or section of a development; provided, however that
a developer may choose to post a separate performance guarantee for
the privately owned perimeter buffer landscaping.
(b)
The Municipal Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(c)
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities and hold the Mayor and Board of Aldermen and Town Planning
Board or Zoning Board of Adjustment and their employees and agents
harmless with respect to any acts of the developer, its agents, successors
or assigns.
(d)
The total estimated cost to the Town of constructing all improvements
shall be based upon the estimated contract construction costs, which
would prevail upon expiration of the guarantee period, and shall also
include appropriate allowances for contract-related costs such as
engineering, legal, financial and other usual costs, which shall be
estimated to be 20% of the estimated contract construction costs.
(e)
Such performance guarantee may be in the form of cash, certified
check, negotiable securities, a performance bond issued by a bonding
company or surety company approved by the Mayor and Board of Aldermen
or any other type of surety acceptable to and approved by the Town
Attorney and Mayor and Board of Aldermen, provided that at least 10%
of the performance guarantee shall be in cash or certified check.
The balance of said performance guarantee shall be in the form of
cash, certified check, certificate of deposit, an irrevocable letter
of credit (said letter to be issued by a financial institution whose
deposits are insured by the Federal Savings and Loan Insurance Corporation
or Federal Deposit Insurance Corporation) or a bond issued by a surety
or bonding company authorized to do business in New Jersey; provided,
however, that all rights, including the right to interest with dividends,
shall be assigned to the Town of Dover in a form of assignment acceptable
to the Town Attorney for the period of the bond and that the principal
amount of the passbook or certificate of deposit, together with interest,
shall be returned to the developer upon completion of the bonded improvements,
or, in the event of default, both interest and principal shall be
used by and for the benefit of the Town in the completion of said
improvements.
(f)
The form of the performance guarantee shall be subject to the
approval of the Town Attorney.
(g)
Subject to N.J.S.A. 40:55D-1 et seq., as amended and supplemented,
all rights in the performance guarantee, including the right to any
interest earned on any deposits, shall belong to the Town of Dover.
(h)
Notwithstanding the requirement of Subsection
A above, when a letter of credit which has been previously accepted pursuant to Subsection
A as a performance guarantee is about to expire, it may be renewed administratively by the Town Attorney, provided that all pertinent requirements are met by the applicant.
(i)
In the event of default, the principal and any interest shall
be used for the benefit of the Town in the completion of the improvements.
(2) All guarantees authorized by this section shall run to and be in
favor of the Town of Dover in the County of Morris.
(3) Such performance guarantee shall run for a period to be fixed by
the Mayor and Board of Aldermen, but in no case for a term of more
than two years. However, with the consent of the owner and the surety,
if there is one, the Mayor and Board of Aldermen may, by resolution,
extend the term of such performance guarantee for an additional period
not to exceed one year. The amount of the performance guarantee may
be revised by the Mayor and Board of Aldermen from time to time to
reflect work progress, increasing costs and changing conditions in
regard to the uncompleted or unacceptable portions of the required
improvements. If the required improvements have not been installed
in accordance with the performance guarantee, the obligor and surety
shall be liable thereon, at the option of the municipality, for:
(a)
The reasonable cost of the improvements not installed, and,
upon receipt of the proceeds thereof, the municipality shall install
such improvements; or
(b)
The completion of all required improvements.
(4) Municipal Engineer list and report.
(a)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, a list of all uncompleted or unsatisfactorily completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Municipal Engineer shall inspect all improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(b)
The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section.
(5) Approval or rejection of governing body.
(a)
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
(b)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection
C(4) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
If the governing body fails to approve or reject the bonded improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(c)
In the event that the obligor has made a cash deposit with the
municipality or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the municipality may retain
cash equal to the amount of the remaining safety and stabilization
guarantee.
(6) If any portion of the required improvements are rejected, the Mayor
and Board of Aldermen may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
(7) Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Mayor and Board of Aldermen or the Municipal Engineer.
D. Safety and stabilization guarantee.
(1) Safety and stabilization guarantee required.
(a)
The developer shall furnish a safety and stabilization guarantee
in favor of the Town of Dover to ensure that the Town has an adequate
guarantee to return the property that has been disturbed to a safe
and stable condition or otherwise implement measures to protect the
public from access to an unsafe or unstable condition.
(b)
The Town shall be permitted to access the guarantee when:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee. Written notice shall
be provided to a developer by certified mail or other form of delivery
providing evidence of receipt.
(c)
At the developer's option, the safety and stabilization guarantee
may be furnished either as a separate guarantee or as a line item
of the performance guarantee.
(d)
The amount of the safety and stabilization guarantee shall be
calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:
[1]
$5,000 for the first $100,000 of bonded improvement costs; plus
[2]
2.5% of bonded improvement costs in excess of $100,000 up to
$1,000,000; plus
[3]
1% of bonded improvement costs in excess of $1,000,000.
(e)
The safety and stabilization guarantee shall be released upon
the determination of the Town Engineer that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
E. Temporary certificate of occupancy guarantee.
(1) In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee" in favor of the Town of Dover in an amount
equal to 120% of the cost of installation of only those improvements
or items which remain to be completed or installed under the terms
of the temporary certificate of occupancy and which are required to
be installed or completed as a condition precedent to the issuance
of the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee.
(2) Upon posting of a temporary certificate of occupancy guarantee, all
sums remaining under a performance guarantee which relate to the development,
unit, lot, building, or phase of development for which the temporary
certificate of occupancy is sought shall be released.
(3) The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Municipal Engineer.
(4) The temporary certificate of occupancy guarantee shall be released
by the Municipal Engineer upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
F. Maintenance guarantee.
(1) A maintenance guarantee shall be furnished by the developer prior
to the release of the performance guarantee in an amount equal to
15% of the cost of the installation of the improvements covered under
the performance guarantee along with the following private site improvements:
stormwater management basins, in-flow and water quality structures
within the basins, and the outflow pipes and structures of the stormwater
management system, if any.
(2) The developer may elect to furnish such maintenance guarantee either
by maintaining on deposit with the Town the 10% cash or certified
check portion of the performance guarantee provided in accordance
with this chapter or by a bond issued by a bonding company or surety
company, or other type of surety acceptable to and approved by the
Town Attorney and Mayor and Board of Aldermen.
(3) The term of the maintenance guarantee shall begin with the release
of the performance guarantee and shall run for a period of two years.
The guarantee shall automatically expire at the end of the established
term.
(4) The maintenance guarantee shall be to the effect that the applicant,
developer, owner or user guarantees the complete maintenance of all
improvements for a period of two years from the release of his performance
guarantee. Should the applicant, developer, owner or user fail in
its obligation to properly maintain all improvements, the Town may,
on 10 days' written notice, or immediately in the case of hazard to
life, health or property, proceed with necessary repair or replacement
of any unacceptable improvements and charge the cost thereof against
the guarantee. At the end of the maintenance guarantee, the cash or
certified check on deposit will be returned to the developer less
any sums, properly documented by the Town, which have been expended
to repair or replace any unsatisfactory improvements.
The subdivision plat shall conform to design
standards that will encourage good development patterns within the
municipality. Where either or both an Official Map and Master Plan
has or have been adopted, the subdivision shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds shown on an officially
adopted Master Plan or Official Map shall be considered in approval
of subdivision plans. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the final plat
such as to lend themselves to the harmonious development of the municipality
and enhance the public welfare in accordance with the following standards:
A. The arrangement of streets not shown on the Master
Plan shall be such as to provide for the appropriate extension of
existing streets. Whenever a cul-de-sac is permitted, the subdivider
shall dedicate a parcel of land 50 feet wide to be used as a future
street and running from the cul-de-sac to any adjoining land not fronting
on a street, whether such adjoining land is owned by the subdivider
or not.
B. Minor streets shall be so designed as to discourage
through traffic.
C. Right-of-way width.
(1) The right-of-way width shall be measured from lot
lines and shall not be less than the following:
(a)
Arterial streets: as per New Jersey Department
of Transportation (NJDOT) standards.
(b)
County roads: as per Morris County standards.
(c)
Collector streets: 60 feet.
(2) The right-of-way width for private roads in multifamily,
commercial and industrial development shall be determined on an individual
basis and shall, in all cases, be of sufficient width and design to
safely and conveniently accommodate the maximum traffic, parking and
loading needs for the type of traffic encouraged by its existence
as well as the necessary space for fire-fighting equipment.
D. No subdivision showing reserve strips controlling
access to streets shall be approved.
E. Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or the street
width requirements of this chapter shall dedicate additional width
along either one or both sides of said road. If the subdivision is
along one side only, one-half (1/2) of the required extra width shall
be dedicated.
F. Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. No more
than two streets shall meet or intersect at any one point, and the
center lines of both intersecting streets shall pass through a common
point. Measuring from this common point, the intersection of two streets
shall be spaced at a minimum of 150 feet. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 20 feet. No shrubbery, signs, trees, monuments or other
visual obstruction over three feet in height shall be permitted within
50 feet of an intersection.
G. Where streets have a reverse curve, a tangent of at
least 100 feet in length shall be required.
H. Grades of streets other than local streets shall not
exceed 7%. Grades on local streets shall not exceed 10%. No street
shall have a minimum grade of less than one-half of one percent (1/2
of 1%).
I. All changes in grade where the grade is one-fifth
(1/5) or greater shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance, but
not so great as to create drainage problems. Sight distances shall
be at least:
(1) Eight hundred feet for arterial highways.
(2) Three hundred feet for collector streets.
(3) Three hundred fifty feet for all other streets.
J. Dead-end streets or culs-de-sac shall be located,
if possible, so that they drain toward their entrances and shall be
no longer than 500 feet. They shall provide a turnaround at the end
with a radius of not less than 50 feet measured from the curbline
and tangent whenever practicable to the right side of the street.
The minimum right-of-way at the turnaround shall be a radius of at
least 65 feet.
K. Street grades. Grades of through and main traffic
streets shall not exceed 12%, except under special conditions which
may be approved by the Planning Board. No streets shall have a minimum
grade of less than one-half of one percent (1/2 of 1%).
L. Street intersections shall be laid out as nearly at
right angles as possible and in no case shall be less than 60°.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 20 feet.
M. A tangent at least 100 feet long shall be introduced
between reverse curves.
N. When connecting street lines deflect each other at
any one point by more than 10° and not more than 45°, they
shall be connected by a curve with a radius of not less than 100 feet
for all streets.
O. All changes in grade shall be connected by vertical
curves of sufficient length to provide a smooth transition and proper
sight distance.
P. Connecting streets shall be planned wherever possible.
Dead-end streets, where planned, shall not be longer than 500 feet,
excepting where unusual circumstances require granting additional
footage at the direction of the Planning Board, and shall provide
a turnaround at the end with a radius of not less than 50 feet and
tangent wherever possible to the right side of the street. If a dead-end
street is of a temporary nature, a similar turnaround shall be provided
and provision made for future extension of the street and reversion
of the excess right-of-way to the adjoining properties.
Q. No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the name of an existing
street. The continuation of an existing street shall have the same
name. All street names shall be approved by the Planning Board.
R. Before any street dedicated to public use in an existing
subdivision may be constructed or reconstructed hereafter, the owner
or owners of abutting properties, the subdivider or other parties
in interest shall make application in writing for a permit as required
by this chapter.
As a condition of preliminary approval and prior
to any construction or the filing of an application for final approval
of a subdivision or a site plan, the applicant shall have made cash
payments or, with the consent of the Town, installed in the manner
provided below with respect to the immediate or ultimate installation
of any required off-tract improvements.
A. Allocation of costs; criteria in determining allocation.
The allocation of costs for off-tract improvements as between the
applicant, other property owners and the Town or any one or more of
the foregoing shall be determined by the Planning Board, with the
assistance of the appropriate Town agencies, on the basis of the total
cost of the off-tract improvements, the increase in market values
of the property affected and any other benefits conferred, the needs
created by the application, population and land use projections for
the general area of the applicant's property and other areas to be
served by the off-site improvements, the estimated time of construction
of the off-site improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
Requirements for off-tract improvements shall be consistent with N.J.S.A.
40:55D-42. In addition, the following criteria may also be considered,
as well as any other reasonable criteria the Board feels is necessary
to protect the health, safety and general welfare of the Town:
(1) Streets, curbs, sidewalks, shade trees, streetlights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application.
In determining such traffic increase, the Planning Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and other factors related to the need
created by the application and the anticipated benefit thereto.
(2) Drainage facilities may also be based upon or be determined
by the drainage created by or affected by a particular land use, considering:
(a)
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin.
(b)
The use of a particular site and the amount
of area to be covered by impervious surfaces on the site itself.
(c)
The use, condition or status of the remaining
area in the drainage basin.
(3) Water supply and distribution facilities may also
be based upon the added facilities required by the total anticipated
water use requirements of the applicant and other properties in the
general area benefiting therefrom.
(4) Sewerage facilities may be based upon the proportion
that the total anticipated volume of sewage effluent of the applicant's
property and other properties connected to the new facility bears
to the existing capacity of existing sewerage facilities, including
but not limited to lines and other appurtenances leading to and servicing
the applicant's property. Consideration may also be given to the types
of effluent and particular problems requiring special equipment or
added costs for treatment. In the event that the applicant's property
shall be permitted to be connected to existing sewer facilities, the
applicant shall pay a charge or be assessed in accordance with law.
B. Determination of cost of improvements. The cost of
installation of the required off-tract improvements shall be determined
by the Planning Board with the advice of the Town Engineer and appropriate
Town agencies.
C. Manner of construction. When those estimates are received,
the Mayor and Board of Aldermen shall then decide whether the off-tract
improvement is to be constructed:
(1) By the Town as a general improvement;
(2) By the Town as a local improvement; or
(3) By the applicant under a formula providing for partial
reimbursement by the Town for benefits to properties other than the
subject property.
D. Amount of contribution. When the manner of construction
has been determined, the applicant may be required to provide a cash
deposit to the Town of one of the following amounts:
(1) If the improvement is to be constructed by the Town
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subject property, will be specifically benefited by the off-tract
improvement.
(2) If the improvement is to be constructed by the Town as a local improvement, then, in addition to the amount referred to in Subsection
D(1) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
(3) If the improvement is to be constructed by the applicant,
an amount equal to the estimated cost of the off-tract improvement,
less an offset for benefits to properties other than the subject property.
E. Payment of allocated cost.
(1) The estimated costs of the off-tract improvement allocated
to the applicant if deposited in cash shall be paid by the applicant
to the Town Treasurer, who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements for
which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Town within a period
of 10 years from the date of payment, after which time said funds
so deposited shall be returned, together with accumulated interest
or other income thereon, if any.
(2) In the event that the payment by the applicant to
the Town Treasurer provided for herein is less than its share of the
actual cost of the off-tract improvements, then it shall be required
to pay its appropriate share of the cost thereof.
(3) In the event that the payment by the applicant to
the Town Treasurer provided for above is more than its appropriate
share of the actual cost of installation of the off-tract improvements,
it or its successor or assigns shall be repaid an amount equal to
the difference between the deposit and its share of the actual cost.
(4) If the applicant shall deem that any of the amounts
so estimated by the Planning Board are unreasonable, it may challenge
them and seek to have them revised in appropriate proceedings brought
to compel subdivision or site plan approval.
(5) If the applicant and the Planning Board cannot agree
with respect to the applicant's appropriate share of the actual cost
of the off-tract improvement, or the determination made by the officer
or Board charged with the duty of making assessments as to special
benefits, if the off-tract improvement is to be constructed as a local
improvement, no approval shall be granted; provided, however, that
the applicant may challenge such determination and seek to have it
revised in appropriate judicial proceedings in order to compel subdivision
or site plan approval.
F. Assessment of properties. Upon receipt from the applicant
of its allocated share of the costs of the off-tract improvements,
the Town may adopt a local improvement assessment ordinance for the
purpose of construction and installation of the off-tract improvements
based upon the actual cost thereof. Any portion of the cost of the
improvements not defrayed by a deposit by the applicant may be assessed
against benefiting property owners by the Town. Any assessments for
benefits conferred made against the applicant or his successors in
interest shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Town Treasurer pertaining thereto.
The applicant or his successors in interest shall not be liable for
any part of an assessment for such improvements unless the assessment
exceeds the pro rata share credit for the deposit and then only to
the extent of the deficiency.
G. Credit for work performed. In the event that the applicant,
with the Town's consent, decides to install and construct the off-tract
improvement, or any portion thereof, the certified cost shall be treated
as a credit against any future assessment for that particular off-tract
improvement, or portion thereof, constructed by the Town in the same
manner as if the subdivider had deposited its apportioned cost with
the Town Treasurer, as provided herein.
H. Installation of improvements by applicant.
(1) At the discretion and option of the Town and with
the consent of the applicant, the Town may enter into a contract with
the applicant, providing for the installation and construction of
the off-tract improvements by the applicant upon contribution by the
Town of the remaining unallocated portion of the cost of the off-tract
improvement.
(2) In the event that the Town so elects to contribute
to the cost and expense of installation of the off-site improvements
by the applicant, the portion contributed by the Town shall be subject
to possible certification and assessment as a local improvement against
benefiting property owners in the manner provided by law, if applicable.
I. Compliance with design criteria. Should the applicant
and the Town enter into a contract for the construction and erection
of the off-tract improvements to be done by the applicant, it shall
observe all requirements and principles of this chapter in the design
of such improvements.