Town of Dover, NJ Land Subdivision and Site Plan

All single- and two-family dwellings and their permitted accessory structures.

Conforming freestanding signs and flagpoles.

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]

Minor site plan.

A "minor site plan" shall be defined as a site plan where:

The anticipated cost of construction or alteration does not exceed $20,000;

The construction or alteration involves the addition or no more than 2,000 square feet of additional floor area; or

Less than eight new parking spaces are proposed.

The site plan shall not necessitate the construction of public improvements.

Major site plan. A major site plan shall be all site plans which do not meet the criteria of a minor site plan.

Waiver of site plan review.

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:

Any structural alteration to the exterior of the building.

Any anticipated increase in the number of occupants beyond four.

Any storm drainage installation or need for the same as determined by the Town Engineer.

An increase of stormwater runoff of more than one cubic foot per second during a twenty-five-year rainfall event.

Redirecting of stormwater runoff.

A change in any vehicular traffic circulation patterns.

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.

Expedited waiver of site plan (EWSP) procedure.

Administration of EWSP procedure.

[Amended 3-14-2000 by Ord. No. 3-2000]

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.

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.

The EWSP Committee will meet twice a month to review expedited waiver of site plan applications, unless there are no pending applications.

EWSP Committee approval/referral.

An EWSP approval requires the unanimous approval of all three Committee members.

[Amended 3-9-1999 by Ord. No. 2-1999]

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.

Site plan binding.

[Added 11-10-1998 by Ord. No. 32-1998]

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.

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.

Any deviation from an approved plan or condition of approval of said plan shall be deemed a violation of this chapter.

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.

§ 236-48 Filing of sketch plat.

Sketch plats and preliminary site plans shall be filed with the Engineer at least 21 days prior to the regular meeting of the Planning Board at which the applicant wishes to be heard. At the time of application, the developer shall pay all fees and submit 12 copies of application, maps and other documents as required by this chapter. No application shall be determined complete until all taxes are paid.

Minor subdivision or minor site plan.

The Engineer will forward the application to the Planning Board upon payment of fees by the applicant. The Planning Board or designated committee shall classify the application. If classified as a minor subdivision or minor site plan, the application shall be approved or denied within 45 days of the date of submission of a complete application to the Engineer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board.

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

Before the Planning Board Secretary returns any approved sketch plat to the subdivider, the subdivider, at his own expense, shall have sufficient copies made for the Planning Board Secretary to distribute as follows:

Town Clerk: one copy.

Town Engineer: one copy.

Tax Assessor: one copy.

Secretary of the Planning Board: two copies.

Construction Code Official: one copy.

If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedures in § 236-49.

§ 236-49 Submission of preliminary site plan or preliminary plat of major subdivision for preliminary approval.

Preliminary site plan.

The developer shall submit to the Engineer 12 copies of the site plan and such other information as required herein. The Engineer shall forward the preliminary site plans to the Secretary of the Planning Board upon payment of all fees. If an application for site plan is found to be incomplete, the developer shall be notified by the Planning Board Secretary within 45 days of the submission of such application or it shall be deemed to be properly submitted. No application shall be determined complete until all taxes are paid.

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

Upon the submission to the Engineer of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of a complete application submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of a complete application submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

Preliminary plat of major subdivision.

At least 12 black-on-white prints of the preliminary plat, together with two completed application forms for preliminary approval, shall be submitted to the Engineer 21 days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees in accordance with Article IX of this chapter shall be paid to the Town Engineer to defer administrative and review costs incurred by the Town. The Town Engineer shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plat. No application shall be determined complete until all taxes are paid.

The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.

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

Upon the submission to the Engineer of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.

Notice.

The developer shall notify by personal service or certified mail at least 10 days prior to the hearing all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Furthermore, the developer shall comply with all provisions of N.J.S.A. 40:55D-12, inclusive.

Said notice shall state the time and place of hearing, a brief description of the application and that a copy of said application has been filed with the Town Clerk and Planning Board Secretary for public inspection. The Planning Board Secretary shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least 10 days prior to the hearing.

Copies.

Copies of the preliminary application shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following:

The County Planning Board.

The Town Engineer, Planner.

The Board of Health.

The Construction Official.

Such other municipal or state officials as directed by the Planning Board.

In the case of County Planning Board review, it shall be the responsibility of the applicant to provide sufficient copies of plans and reports, as well as the payment of fees, all as required by the County Planning Board. The purpose of the Planning Board transmittal of the plan to the County Planning Board is to comply with notice requirements. The applicant, however, is totally responsible for making application to the County Planning Board.

If the Planning Board acts favorably on a preliminary application, a notation to that effect shall be made on the plat.

Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to this chapter confers upon the applicant the following rights for a three-year period from the date of the preliminary approval:

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

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

That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection F(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under the preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.

§ 236-50 Improvements and guaranties prior to final approval.

Before consideration of a final subdivision plat or final site plan, the developer will have installed the improvements required under § 236-54, or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.

It shall be expressly understood that, notwithstanding the posting of a performance guaranty for a lot in a major subdivision, no building permit shall be issued until the subdivider shall have installed the road subbase, road base and curbs in accordance with the Town specifications and as certified by the Town Engineer and until the underground utilities such as sewer, water, gas, storm drainage lines and all other underground work shall have been duly and properly installed. No occupancy permit shall be issued until a finished road base has been installed pursuant to Town specifications and until all other improvements and conditions as may be required by the Planning Board, this chapter and the building and plumbing codes[1] have been properly complied with and approved. All such improvements shall be certified in writing by the Town Engineer or other designated administrative officer prior to the issuance of such certificate of occupancy.

Editor's Note: See Ch. 150, Construction Codes, Uniform.

§ 236-51 Submission of final plat of major subdivision and final site plan.

Submission.

The final plat shall be submitted to the Engineer within three years from the date of preliminary approval. The Engineer shall immediately notify the Secretary of the Planning Board upon receipt of a final plat, and Planning Board shall act upon the final plat within 45 days after the date of submission of a complete application for final approval. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

One reproducible copy, 10 black-on-white prints and two copies of the application form for final approval shall be submitted to the Engineer at least 21 days prior to the date of the regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications by the Planning Board.

The final plat shall be accompanied by a statement by the Town Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:

All improvements have been installed in accordance with the requirements of these regulations.

A performance guaranty has been posted with the Planning Board in sufficient amount to assure the completion of all required improvements.

Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:

The Town Clerk.

The Town Engineer.

The Tax Assessor.

The Construction Code Official.

A final subdivision plat, after final approval, shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The Planning Board may, for good cause, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Planning Board and signed by the Chairman and Secretary of the Planning Board.

§ 236-52 Waiver of requirements authorized.

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

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

§ 236-53 Development checklist.

[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.

Administrative. All development applications shall provide the following information:

Application form(s): 17 copies.

Completed checklist form(s): 17 copies.

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).

Signature and seal of the appropriate licensed professional who prepared the plans, on the plans.

Environmental impact statement in accordance with the requirements of § 236-63, Environmental impact statement, if required: 17 copies.

Proof of payment of taxes.

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:

An exemption certificate issued by the New Jersey Department of Environmental Protection indicating that no wetlands exist on the property in question.

A wetlands permit issued pursuant to the New Jersey Administrative Code.

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.

The applicant shall, in addition, submit a map delineating the wetlands if, in fact, wetlands exist on the property.

A complete submission package, with the appropriate fee, for the Morris County Planning Board for all applicable applications.

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.

A copy of the deed of the property and any deed restrictions, easements and/or covenants.

Minor subdivisions. In addition to the requirements of Subsection A, all minor subdivision development applications shall provide the following information:

The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.

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.

A signature box for the Chairman, Secretary and Engineer of the approving agency.

Existing structures and streams/waterbodies on adjacent properties.

The names and addresses of the owner of the subject property, the applicant and the plan preparer and all property owners within 200 feet.

The size of the tract to the nearest square foot and lot area of all proposed lots to the nearest square foot.

Existing contours (two-foot intervals) and spot elevations at building corners, tops and bottoms of walls and other appropriate locations.

Dimensions of all lots, including bearings and distances of all existing and proposed lot lines.

A designation of the permitted building envelope, including front, side and rear yard setbacks and required buffers.

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.

All existing and proposed curbs and sidewalks.

The locations of all existing public utilities along all street/public right-of-way frontages and property-contained easements and adjacent easements, including:

All water mains and services with material and pipe sizes, valves and hydrants.

All sanitary sewer lines, including pipe size, material, manholes with rim and invert elevations.

All storm sewer lines, including pipe sizes, material, manholes, inlets and other drainage structures with rim and invert elevations.

All gas, telephone, data and other underground utilities.

All overhead electric, telephone, cable and data lines and services, including utility poles.

A comparison of the zone regulations to the proposed development.

A listing of variances required, together with filing of appropriate application.

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.

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.

Major subdivisions, preliminary. In addition to the requirements of Subsection A, all preliminary major subdivision development applications shall provide the following information:

The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.

A key map at a scale of one inch equals 200 feet minimum, showing surrounding streets and tax lots.

A signature box for the Chairman, Secretary and Engineer of the approving agency.

Existing structures and streams/waterbodies on adjacent properties.

The names and addresses of the owner of the subject property, the applicant and the plan preparer and all property owners within 200 feet.

The size of the tract to the nearest square foot and the lot area of all proposed lots to the nearest square foot.

Existing contours (two-foot intervals) and spot elevations at building corners, tops and bottoms of walls and other appropriate locations.

All existing property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and natural features, such as wooded areas and rock formations.

The dimensions of all lots, including bearings and distances of all existing and proposed lot lines.

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.

Plan, profile and typical section of all proposed roads, including cross sections at fifty-foot minimum intervals.

The locations of all existing public utilities along all street/public right-of-way frontages and property-contained easements and adjacent easements, including:

All water mains and services with material and pipe sizes, valves and hydrants.

All sanitary sewer lines, including pipe size, material, manholes with rim and invert elevations.

All storm sewer lines, including pipe sizes, material, manholes, inlets and other drainage structures with rim and invert elevations.

All gas, telephone, data and other underground utilities.

All overhead electric, telephone, cable and data lines and services, including utility poles.

Plans of proposed utility layouts, including sanitary sewers, storm drains, water mains, gas lines, electric lines and cable television.

Connections to existing utility systems.

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.

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.

Major subdivisions, final. In addition to the requirements of Subsection A, all final major subdivision development applications shall provide the following information:

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.

The final plat prepared for filing in accordance with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.[1]).

Editor's Note: See now N.J.S.A. 46:26B-1 et seq.

Site plans, minor. In addition to the requirements of Subsection A, all minor site plan development applications shall provide the following information:

The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.

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.

A signature box for the Chairman, Secretary and Engineer of the approving agency.

The names and addresses of the owner, applicant and plan preparer and all property owners within 200 feet.

The size of the tract to the nearest square foot.

A list of zone district requirements showing compliance with variances requested, together with all appropriate applications.

Existing and proposed contours (two-foot intervals) and elevations.

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.

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.

The location, design and capacity of proposed off-street parking and loading facilities, pedestrian circulation plans and solid waste and recyclable materials storage.

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.

Rights-of-way, easements and all lands to be dedicated to the municipality or reserved for specific uses.

A comparison of the zone regulations to the proposed development.

Bearings and distances of all lot lines.

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:

All water mains and services with material and pipe sizes, valves and hydrants.

All sanitary sewer lines, including pipe size, material, manholes with rim and invert elevations.

All storm sewer lines, including pipe sizes, material, manholes, inlets and other drainage structures with rim and invert elevations.

All gas, telephone, data and other underground utilities.

All overhead electric, telephone, cable and data lines and services, including utility poles.

All overhead electric, telephone, cable and data lines and services, including utility poles.

Site plans, major preliminary. In addition to the requirements of Subsection A, all preliminary major site plan development applications shall provide the following information:

The date, scale, North arrow, block and lot numbers, zoning districts and dates of all revisions.

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.

A signature box for the Chairman, Secretary and Engineer of the approving agency.

The names and addresses of the owner, applicant and plan preparer and all property owners within 200 feet.

The size of the tract to the nearest square foot.

A list of zone district requirements showing compliance with variances requested together with all appropriate applications.

Existing contours (two-foot intervals) and spot elevations at building corners, tops and bottoms of walls and other appropriate locations.

The locations of all existing public utilities along all street/public right-of-way frontages and property-contained easements and adjacent easements, including:

All water mains and services with material and pipe sizes, valves and hydrants.

All sanitary sewer lines, including pipe size, material, manholes with rim and invert elevations.

All storm sewer lines, including pipe sizes, material, manholes, inlets and other drainage structures with rim and invert elevations.

All gas, telephone, data and other underground utilities.

All overhead electric, telephone cable and data lines and services, including utility poles.

The location, use and floor area of each proposed structure.

The location of all proposed roads.

The location, design and capacity of proposed off-street parking and loading facilities, pedestrian circulation plans and solid waste and recyclable materials storage.

Plan and profile of proposed storm drainage facilities.

Plan and profile of sanitary sewer facilities.

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)

Site plans, major final. In addition to the requirements of Subsection A, all final major site plan development applications shall provide the following information:

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.

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:

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).

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.

Amended site plan or subdivision. In addition to the requirements of Subsection A, all amended site plans or subdivisions shall provide:

A complete set of the previously approved site plan or subdivision plan and approving resolution(s), clearly marked with all revisions/amendments being sought.

§ 236-54 Standard required improvements.

Street signs. Approved street signs shall be installed at all street intersections and shall be a type specified by the Town Engineer.

Sidewalks.

Sidewalks shall be provided along all streets and shall be four inches thick and at least four feet wide, constructed of coarse concrete or equal except that a sidewalk forming part of a driveway apron shall be six inches thick at a grade with abutting sidewalks and of the same construction material as abutting sidewalks.

All sidewalks shall be located a minimum of one foot within the street right-of-way.

All sidewalks shall have a slope of one-fourth (1/4) inch per foot toward the gutter.

Streetlighting. Appropriate streetlights shall be installed, the design, height and location of which shall be submitted.

Topsoil protection. No topsoil shall be removed from the subdivision site or used as spoil or fill. Topsoil removed during the course of construction shall be redistributed in the subdivision so as to provide equal distribution of cover to all areas of the subdivision and shall be stabilized by seeding and planting.

Monuments. Monuments of the size and shape required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., shall be placed in accordance with said statute, as may be amended from time to time.

Drainage. Drainage shall be provided so that surface water will not flow either over private property, unless the course of the natural drainage by existing ditch is indicated, or over said street so as to erode the same. The method of disposal of surface waters must be satisfactory in the opinion of the Town Engineer. In the case of a major subdivision, the drainage plan for the entire subdivision, including the street or streets, must be submitted with the preliminary plans at the time of the request for preliminary approval of the Planning Board. There must be sufficient drainage to intercept any water seepage so as to overcome unfavorable subgrade underground conditions. Sanitary sewer service connections are to be completed before the placing of any pavement construction material. All driveways from house to street shall be constructed in such a manner as not to interfere with the flow of water in the road or drainage ditches along the public road.

Streets.

The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing, mapped or potential streets.

No subdivision showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body under conditions approved by the Planning Board.

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

The right-of-way width shall be measured from lot line to lot line. Right-of-way width and pavement width shall not be less than the following:

Type of Street	Right-of-Way (feet)	Width (feet)
Arterial streets	80	60
Collector streets	60	44
Local streets	50	36

The right-of-way width for internal roads and alleys in multifamily, commercial and industrial development shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely and conveniently accommodate the maximum traffic, parking and loading needs for the type of traffic encouraged by its existence as well as the necessary space for fire-fighting equipment.

The paving width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Town, County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist.

All driveways or other parking areas shall have driveway aprons, extending from the curbline to the front property line. The driveway aprons shall be at least 10 feet wide at the curb face and a minimum of seven feet at the property line and meeting the same construction specifications as the street.

Curbs and gutters.

Curbing shall be required along all streets within the subdivision.

The minimum standards in regard to height of curbing, base material, surface material, slope and the installation of catch basins shall be in accordance with standard specifications furnished by the Town Engineer.

Sanitary sewage. Sanitary sewers shall be installed in accordance with specifications approved by the Town Engineer or agency having jurisdiction of improvement.

Utilities. The subdivider shall request the serving utility to install its distribution supply lines, services and streetlighting supply facilities underground in accordance with its specifications and with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Regulatory Commissioners, or its successors, and shall submit to the Planning Board a written instrument from each serving utility which shall evidence its disposition of the request. If approved by the utility, the subdivider shall, if so directed by the Planning Board, arrange with the utility for such underground installation; provided, however, that lots, which in such subdivisions abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved, may be supplied with electric and telephone service from those overhead lines or extensions thereof, but the service connections from the utility's overhead lines may be installed underground.

Earth removal. No change shall be made in the elevation or contour of any lot or site by removal of earth to another site except when approved by the Town Engineer unless the change of elevation is one foot or less over an area of 500 square feet or less. All changes in elevation and contours approved by the Town Engineer shall be shown on the preliminary plat and profiles.

Shade trees. Where required by the Planning Board, two new shade trees shall be installed on each lot not to interfere with utilities, roadways or walkways and sidewalks. Trees shall be two inches or more in diameter, eight feet or more in height and of the following types, including but not limited to evergreen or silver linden, London or Oriental plane, Norway, Schwedler's or sugar maple, chestnut, red, pin, black or scarlet oak.

Recycling plan; solid waste and recyclable materials storage.

[Added 8-13-2002 by Ord. No. 21-2002; amended 5-13-2008 by Ord. No. 07-2008]

Recycling plan. Any application to the Planning Board or Board of Adjustment of the Town of Dover for subdivision or site plan approval for the construction of multifamily dwellings of three or more units, single-family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land must include a recycling plan. This plan must contain, at a minimum, the following:

A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and

Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as required below, and as may be recommended by the Municipal Recycling Coordinator.

Solid waste and recyclable materials storage. There shall be included in all uses other than single- or two-family homes that require subdivision or site plan approval an indoor and/or outdoor solid waste and recycling area(s) for the collection and storage of commercially and/or residentially generated solid waste and recyclable materials. The number of sites and dimensions of the solid waste and recycling areas shall be sufficient to accommodate solid waste and recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The number of sites and dimensions of the solid waste and recycling areas and the bins or containers shall be determined in consultation with the Health Department and the Municipal Recycling Coordinator, and shall be consistent with the Morris County Solid Waste Management Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Town of Dover Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102, but in no case smaller than that indicated below.

	Facility Type/Use	Minimum Enclosure Size
	Retail	5 square feet per 1,000 GFA*
	Manufacturing and other general commercial	3 square feet per 1,000 GFA*
	Office, educational and institutional	2 square feet per 1,000 GFA*
	Multidwellings	100 square feet for first 10 dwelling units plus 5 square feet per additional dwelling unit

	Note:
	*	65 square feet minimum; 1,000 square feet maximum.

For existing developed sites, this requirement may be waived by the Planning Board or Board of Adjustment upon showing by the applicant that the site currently handles all solid waste and recyclable materials in an existing location not meeting these standards, but in a satisfactory manner. Evidence of this shall include a report from the Town of Dover Health Department and Recycling Coordinator indicating same.

Solid waste and recycling areas shall be subject to the following minimum standards:

The solid waste and recycling areas should not be located within any front yard area.

The walls of each solid waste and recycling enclosure shall be constructed of solid masonry material with decorative exterior surface finish compatible to the main structure(s). Split-face concrete block finish is recommended. The walls shall be a minimum of six feet in height.

Each recycling and trash enclosure shall have decorative solid, heavy-gauge metal gates and be designed with cane bolts to secure the gates when in the open and closed positions.

One side should contain a gate of sufficient width to accommodate the containers.

A separate pedestrian entrance shall be provided. The pedestrian entrance shall be located such that it shields the view of the containers or, in the alternative, accommodated with a decorative solid, heavy-gauge metal gate.

A concrete apron shall be constructed either in front of each recycling and trash enclosure or at the point of receptacle pickup to minimize damage to the surrounding asphalt paving. The minimum dimensions of the concrete apron shall be 10 feet wide and 20 feet long. The apron material shall consist of five-inch dense graded aggregate base and six-inch Class B concrete slab.

(g)

The location, size and shape of the storage area should be such that each container can be moved in and out of the storage area without interfering with other containers in the storage area or other land uses adjacent to the storage area. The size shall be in accordance with Subsection M(2) above, unless otherwise approved by the Planning Board.

(h)

A five-foot-minimum-width landscape area should be provided along the fence or wall enclosing the refuse storage area where deemed appropriate by the Planning Board or Board of Adjustment. The landscaping to be provided should be shown on the site plan submitted to the Planning Board or Board of Adjustment for approval.

(i)

The solid waste and recycling areas should be well lit and shall be safely and easily accessible by solid waste and recycling personnel and vehicles. Collection vehicles shall be able to access the solid waste and recycling areas without interference from parked cars or other obstacles. Reasonable measures should be taken to protect the solid waste and recycling areas and the bins or containers.

(j)

The solid waste and recycling areas and the bins/containers placed therein should be designed so as to provide protection against adverse environmental conditions which might render the recyclable materials unmarketable. Any bins or containers which are located in an outdoor solid waste and recycling area should be equipped with a lid, or otherwise covered, so as to keep the contents dry.

(k)

Signs clearly identifying the recycling portion of the solid waste and recycling areas and the materials accepted therein should be posted adjacent to all points of access to the solid waste and recycling areas. Individual bins or containers for recyclable materials should be equipped with signs indicating the materials to be placed therein.

(l)

No containers or solid waste and recycling materials should be maintained anywhere on a site except in a solid waste and recycling area meeting these requirements.

(m)

It should be a violation of the site plan when the gates of a solid waste and recycling area are left open or when solid waste or recyclable material is placed outside of the approved solid waste and recycling area(s).

(n)

If outdoor storage of solid waste or recyclable materials is not proposed, the site plan should detail the methods proposed for accommodating the solid waste or recyclable materials within the structure. The Planning Board or Board of Adjustment may require that a suitable area be set aside, but not improved, for a future solid waste and recycling area meeting these requirements even if indoor accommodations are proposed.

Standard details of solid waste and recyclable material enclosures prepared by the Town Engineer and approved by the Recycling Coordinator that meet the requirements of Subsection M(4) above shall be made available to applicants required to comply with this section.

§ 236-55 Inspection of installation of improvements.

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.

§ 236-56 Construction requirements.

All construction stakes and grades thereon shall be set by a professional engineer in the employ of the developer or his contractor, and a duplicate copy of the notes made therefrom shall be filed with the Town Engineer.

No construction work shall commence without notification to the Town Engineer. Such notice shall be given at least 48 hours before the commencement of work.

§ 236-57 Performance and maintenance guarantees.

[Added 10-9-2018 by Ord. No. 13-2018[1]]

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:

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

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.

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.

Performance guarantee.

Requirements; form; rights.

Improvements; cost.

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:

Streets.

Pavement.

Gutters.

Curbs.

Sidewalks.

Streetlighting.

Street trees.

Surveyor's monuments.

[i]

Water mains.

[j]

Sanitary sewers.

[k]

Community septic systems.

[l]

Drainage structures.

[m]

Public improvements of open space.

[n]

Any grading necessitated by the preceding improvements.

[o]

Privately owned perimeter buffer landscaping, within an approved phase or section of a development; provided, however that a developer may choose to post a separate performance guarantee for the privately owned perimeter buffer landscaping.

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.

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.

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.

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.

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.

All guarantees authorized by this section shall run to and be in favor of the Town of Dover in the County of Morris.

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:

The reasonable cost of the improvements not installed, and, upon receipt of the proceeds thereof, the municipality shall install such improvements; or

The completion of all required improvements.

Municipal Engineer list and report.

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.

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.

Approval or rejection of governing body.

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%.

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.

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.

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.

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.

Safety and stabilization guarantee.

Safety and stabilization guarantee required.

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.

The Town shall be permitted to access the guarantee when:

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

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.

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.

The amount of the safety and stabilization guarantee shall be calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:

$5,000 for the first $100,000 of bonded improvement costs; plus

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.

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.

Temporary certificate of occupancy guarantee.

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.

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.

The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Municipal Engineer.

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.

Maintenance guarantee.

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.

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.

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.

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.

Editor's Note: This ordinance also repealed former § 236-57, Performance guaranty for improvements.

§ 236-58 Design standards for subdivision plats.

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:

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.

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

Right-of-way width.

The right-of-way width shall be measured from lot lines and shall not be less than the following:

Arterial streets: as per New Jersey Department of Transportation (NJDOT) standards.

County roads: as per Morris County standards.

Collector streets: 60 feet.

Minor streets: 50 feet.

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.

No subdivision showing reserve strips controlling access to streets shall be approved.

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.

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.

Where streets have a reverse curve, a tangent of at least 100 feet in length shall be required.

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%).

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:

Eight hundred feet for arterial highways.

Three hundred feet for collector streets.

Three hundred fifty feet for all other streets.

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.

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%).

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.

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

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.

All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance.

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.

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.

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.

§ 236-59 Blocks.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Article IV, Zoning, of this chapter and to provide for convenient access, circulation control and safety of street traffic.

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

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

§ 236-60 Lots.

Lot dimensions and area shall not be less than the requirements of Article IV, Zoning.

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

Each lot must front upon an improved street.

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

§ 236-61 Utility easements; drainage rights-of-way; preservation of natural features.

In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or municipal departments concerned.

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

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

§ 236-62 Off-tract improvements.

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.

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:

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.

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

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

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

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

Water supply and distribution facilities may 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.

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.

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.

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:

By the Town as a general improvement;

By the Town as a local improvement; or

By the applicant under a formula providing for partial reimbursement by the Town for benefits to properties other than the subject property.

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:

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.

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.

If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-tract improvement, less an offset for benefits to properties other than the subject property.

Payment of allocated cost.

The estimated costs of the off-tract improvement allocated to the applicant if deposited in cash shall be paid by the applicant to the 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.

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.

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.

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.

If the applicant and the Planning Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-tract improvement, or the determination made by the officer or Board charged with the duty of making assessments as to special benefits, if the off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.

Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-tract improvements, the 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.

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.

Installation of improvements by applicant.

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.

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.

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.

§ 236-63 Environmental impact statement.

Purpose. The purpose of these provisions of this chapter is to provide guidelines and requirements for the environmental impact statement to be filed with the Planning Board. This statement will be used to evaluate the probable impacts associated with a proposed development and to propose alternatives which will mitigate any adverse impact.

Environmental impact statement required. Every owner of land, or his agent, who proposed to subdivide land within the Town or to resubdivide lands previously subdivided or apply for site plan approval where no environmental impact statement was filed shall, preliminary to filing his application for approval of a map, plan or plat, or resubdivision as hereinafter provided, submit an environmental impact statement made by a duly qualified expert of the effect of the proposed subdivision and improvement upon the environment, which shall:

Describe all of the probable effects, both on-site and off-site, of the proposed development upon:

Natural resources of all kinds, including plant and wild life.

Hydrologic conditions and existing surface and storm water drainage patterns.

Soil erosion and sedimentation in accordance with standards for soil erosion and sediment control in New Jersey adopted June 14, 1972, by the New Jersey State Soil Conservation Committee.

Water quality with reference to standards established by the New Jersey Department of Environmental Protection and Energy.

Air quality with reference to standards established by the New Jersey Department of Environmental Protection and Energy.

Noise.

(g)

Potable water supply.

(h)

Traffic volume and flow.

(i)

Health, safety and welfare of the public.

Discuss alternative proposals for the proposed development which will reduce or eliminate any adverse on-site or off-site environmental effects.