[Amended 9-13-1988 by Ord. No. 88-12; 11-22-2005 by Ord. No.
05-15; 12-10-2013 by Ord. No. 13-20]
Prior to the subdivision or resubdivision of land and prior to the issuance of a building permit or certificate of occupancy for any development for which site plan approval is required, an application for subdivision or site plan, as the case may be, shall be submitted to and approved by the Land Use Board in accordance with the requirements of this article. Site plan approval shall be required for any new building, any addition to an existing building, any change in use of an existing building, any off-street parking area or alteration of said parking area and any other improvements involving land disturbance, including excavation, soil removal, land filling or site clearance; except that subdivision of individual lot applications for detached one- and two-family dwelling unit buildings shall be exempt from site plan review and approval. Where the site plan approval is for changes to an already developed site and the proposed changes meet the limits delineated in the definition of minor site plan, the Land Use Board or, as authorized, the Site Plan Review Committee may deem the application a minor site plan. Any minor site plan application shall be accompanied by such information as required in § 88-41D for a preliminary site plan as to allow the Land Use Board to make an informed decision on the application. In addition, the Land Use Board may exempt from site plan approval any application for a change in use, provided that the said change in use involves no building construction, land disturbance, change in off-street parking, or other improvement that would require a minor site plan application. The Land Use Board may require the submission of such information as will make it possible to determine whether or not such exemption should be granted.
A.
Review by Zoning Land Use Board. In the event that the subdivision or site plan application required action by the Land Use Board as provided in this chapter, said application shall be submitted to and processed by said Board, which shall act in the same manner as the Land Use Board as provided in this article and as further provided in § 88-40.
B.
Time of filing. Said applications shall be filed with
the Secretary of the Land Use Board at least 21 business days prior
to the regular meeting of the Land Use Board.
[Amended 12-8-2021 by Ord. No. 21-24; 12-27-2023 by Ord. No. 23-25]
C.
Application content. Content of the application shall
be as follows:
[Amended 12-8-2021 by Ord. No. 21-24; 12-27-2023 by Ord. No. 23-25]
(1)
Sketch subdivision plat: an application form in triplicate;
four black-and-white or color prints of the subdivision plat and one
digital copy of all application documents in Adobe Portable Document
Format (PDF).
(2)
Preliminary subdivision plat and preliminary site
plan: an application form in triplicate; four black-and-white or color
prints of the subdivision plat or site plan and other required documents
and improvement plans and one digital copy of all application documents
in Adobe Portable Document Format (PDF).
(3)
Final subdivision plat and final site plan: an application
form in triplicate; four black-and-white or color prints of the subdivision
plat or site plan and one digital copy of all application documents
in Adobe Portable Document Format (PDF).
D.
Filing fees. The application shall be accompanied by a filing fee pursuant to § 88-13 to cover the technical, investigative and administrative expenses involved in processing the application.
E.
Completeness. If the application for development is
found to be incomplete, the developer shall be notified thereof within
45 days of submission of such application, or it shall be deemed to
be properly submitted.
A.
General.
[Amended 12-12-1995 by Ord. No. 95-16; 12-10-2013 by Ord. No. 13-20]
(1)
Upon receipt of an application, the Secretary of the
Land Use Board shall forward same to the Land Use Board and shall
send a copy for information or for report and recommendation, according
to the direction of the Land Use Board, to each of the following:
(2)
The Land Use Board shall review the application along
with reports required from any officials or agencies.
(3)
The Land Use Board shall grant or deny the application
within the times of submission of a complete application prescribed
below or within such further time as may be consented to by the applicant.
|
Type of Application
|
Period of Time for Action by Land Use
Board
(days)
| |
|---|---|---|
|
Sketch subdivision plat
|
45
| |
|
Preliminary subdivision plat:
| ||
|
10 lots or fewer
|
45
| |
|
More than 10 lots
|
95
| |
|
Preliminary site plan:
| ||
|
10 acres or less
|
45
| |
|
More than 10 acres
|
95
| |
|
Final subdivision plat
|
45
| |
|
Final site plan
|
45
| |
(4)
Failure of the Land Use Board to act within the period
prescribed shall constitute approval, and a certificate of the Town
Clerk as to the failure of the Land Use Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats. The applicant shall be notified of the
Land Use Board's action within one week of its action.
(5)
Whenever review or approval of an application by the
County Land Use Board is required, the Land Use Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Land Use Board or approval by the
County Land Use Board by its failure to report thereon within the
required time period.
(6)
Before the Secretary of the Land Use Board returns
any approved application to an applicant, the applicant shall have
sufficient copies made to furnish one copy to each of the following:
B.
Sketch subdivision plat. Prior to subdividing or resubdividing land within the Town of Clinton, a sketch plat application shall be filed in accordance with § 88-39 and shall contain all data and information prescribed in § 88-41.
(1)
The Land Use Board shall designate the application as either a minor or major subdivision. If the application is deemed complete, then the matter shall be set down for public hearing and the applicant shall give public notice of the hearing pursuant to § 88-7J(1)(a) through (h). In reviewing and approving a plat as a minor subdivision, the Land Use Board may impose such terms and conditions as are reasonable and within the intent of this chapter, including provisions for improvements pursuant to §§ 88-42 and 88-43.
[Amended 4-11-1989 by Ord. No. 89-4; 12-10-2013 by Ord.
No. 13-20]
(2)
Notwithstanding the foregoing, any lot or parcel of
land approved as a minor subdivision may not be further subdivided
as a minor subdivision if said lot or parcel shall be accepted only
as a major subdivision.
[Amended 4-11-1989 by Ord. No. 89-4]
(3)
Approval as a minor subdivision shall expire 190 days
from the date of approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing
the minor subdivision is filed by the developer with the county recording
officer, the Town Engineer and the Town Tax Assessor. Any such plat
or deed accepted for such filing shall have been signed by the Chairman
and Secretary of the Land Use Board. In reviewing the application
for a minor subdivision, the Land Use Board shall be permitted to
accept a plat not in conformity with the Map Filing Act, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed, such plat shall conform with the provisions of said act.
The Land Use Board may extend the one-hundred-ninety-day period for
filing a minor subdivision plat or deed in accordance with and subject
to the proofs required by N.J.S.A. 40:55D-47.F. Additionally, the
Land Use Board may grant an extension of minor subdivision approval
for a period determined by the Board, not to exceed one year, in accordance
with and subject to the proofs required by N.J.S.A. 40:55D-47.G.
[Amended 4-11-1989 by Ord. No. 89-4; 11-22-2005 by Ord. No. 05-15; 12-10-2013 by Ord. No. 13-20]
(4)
The awning requirements and general terms and conditions,
whether conditional or otherwise, upon which the minor subdivision
is granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that said minor subdivision
shall have been duly recorded as provided in this section.
(5)
In approving an application as a major subdivision, the Land Use Board shall make such recommendations for revisions to the plat for inclusion in the preliminary plat as are appropriate and within the intent of this chapter. The applicant shall submit 10 copies of a revised plat incorporating any revisions required by the Land Use Board prior to confirmation or classification. The plat will then be returned to the applicant for compliance with Subsections C, D and E of this section.
[Amended 4-11-1989 by Ord. No. 89-4; 12-10-2013 by Ord.
No. 13-20]
C.
Preliminary subdivision plat and preliminary site plan. Application for approval of a preliminary plat or a preliminary site plan shall be filed in accordance with § 88-39 and shall contain all information prescribed in § 88-41B or D, as the case may be.
(1)
If the Land Use Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedures in § 88-7.
[Amended 12-10-2013 by Ord. No. 13-20]
(2)
If the Land Use Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of the hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application. The
Land Use Board shall, if the proposed application complies with this
chapter, grant preliminary approval.
[Amended 12-10-2013 by Ord. No. 13-20]
(3)
Preliminary approval shall, except as provided in Subsection C(4) of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a)
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 88-42B; except that nothing herein shall be construed to prevent the Town from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b)
The applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(c)
The applicant may apply for and the Land Use
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that, if the design standards have been revised
by ordinance, such revised standards may govern.
[Amended 12-10-2013 by Ord. No. 13-20]
(4)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Land Use Board may grant the rights referred to in Subsection C(3)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Land Use Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
[Amended 12-10-2013 by Ord. No. 13-20]
D.
Installation of improvements; guaranty; agreement.
(1)
Installation of improvements prior to final approval. Prior to the filing of an application for final subdivision or site plan approval, the applicant shall have installed the improvements required under § 88-42A under the supervision and inspection of the Town Engineer, except that the Land Use Board, on advice of the Town Engineer, may accept a cash performance guaranty to assure the installation of the following improvements only:
(2)
Installation of improvements prior to final site plan approval. Prior to the filing of an application for final site plan approval, the applicant shall have installed any public on-tract improvements described in § 88-42A as may be required in connection with the site development; provided, however, that the Land Use Board may accept a cash performance guaranty for the later installation of those improvements specified in § 88-40D(1)(a) through D(1)(e), all such improvements to be subject to the inspection of the Town Engineer. Also prior to the filing of an application for final site plan approval, the applicant shall have installed any on-site improvements specified in § 88-42C as the Land Use Board may determine are necessary prior to building construction.
[Amended 12-10-2013 by Ord. No. 13-20]
(3)
Off-tract improvements. Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall have paid his pro rata share of the cost of any off-tract improvements necessitated by this development as determined in accordance with the requirements of § 88-43.
(4)
Performance guaranty. The cash performance guaranty for the later installation of those improvements referred to in § 88-40D(1) shall be in favor of the Town of Clinton in an amount equal to 120% of the cost of such improvements.
(5)
Time of guaranty. The performance guaranty shall run
for a term not to exceed 18 months from the date of final approval.
With the consent of the principal, the performance guaranty may be
extended by the Town Council after the recommendation by the Land
Use Board by resolution for an additional period not exceeding 18
months.
[Amended 12-10-2013 by Ord. No. 13-20]
(6)
Reduction of performance guaranty. The Land Use Board
may, upon application by the developer or subdivider recommend to
the Town Council the reduction of the amount of the performance guaranty
upon certification in writing by the Town Engineer that certain portions
of the required improvements and conditions of the Board have been
properly completed and upon posting of proper guaranties and maintenance
bonds, provided that the remaining performance guaranty, maintenance
bonds and deposit money are adequate to ensure the completion of the
remaining improvements.
[Amended 12-10-2013 by Ord. No. 13-20]
(7)
Completion of improvements. If the required improvements
are not completed or corrected, the obligor shall be liable thereon
to the Town for the reasonable cost of the improvements not completed
or corrected, and the Town may complete such improvements.
(8)
Approval by Town Engineer. When all of the required
improvements have been completed, the obligor shall notify the Town
Council in writing, by certified mail addressed in care of the Town
Clerk, of the completion of said improvements and shall send a copy
thereof to the Town Engineer. Thereupon, the Town Engineer shall inspect
all the improvements and shall file a detailed report, in writing,
with the Town Council, indicating either approval, partial approval
or rejection of the improvements with a statement of reasons for any
rejection. If partial approval is indicated, the cost of the improvements
rejected shall be set forth.
(9)
Approval by Town Council. The Town Council shall either
approve, partially approve or reject the improvements on the basis
of the report of the Town Engineer and shall notify the obligor in
writing, by certified mail, of the contents of said report and the
action of the Town Council with relation thereto, not later than 65
days after receipt of the notice from the obligor of the completion
of the improvements. Where partial approval is granted, the obligor
shall be released from all liability pursuant to its performance guaranty,
except for that portion adequately sufficient to secure provision
of the improvements not yet approved. Failure of the governing body
to send or provide such notification to the obligor within 65 days
shall be deemed to constitute approval of the improvements, and the
obligor shall be released from all liability, pursuant to such performance
guaranty.
(10)
Rejection of improvements. If any portion of
the required improvements are rejected, the Town Council may require
the obligor to complete such improvements, and, upon completion, the
same procedure of notification as set forth in this section shall
be followed.
(11)
Agreement. Prior to any construction and coincident
with the furnishing of the performance guaranty by the developer,
there shall be drafted an agreement between the developer and the
Town of Clinton incorporating all of the terms and conditions of approval
improved by the Land Use Board in accordance with this chapter.
[Amended 12-10-2013 by Ord. No. 13-20]
(12)
Inspection fees. The agreement shall also provide
for the deposit with the Town of fees for engineering inspection of
all improvements required by the Land Use Board and based upon the
cost of such improvements, as determined by the Town Engineer, all
fees and procedures to be in accordance with this chapter.
[Amended 12-10-2013 by Ord. No. 13-20]
(13)
Notification of Town Engineer. At least two
weeks prior to the start of construction, the applicant shall notify
the Town Engineer in writing, with a copy to the Secretary of the
Land Use Board, of said date when construction will begin so that
a preconstruction conference can be held and so that inspections may
be conducted from time to time by the Town Engineer. In the event
that other governmental agencies or public utilities automatically
will own the utilities to be installed or the improvements are covered
by a performance or maintenance guaranty to another governmental agency,
no performance or maintenance guaranty, as the case may be, shall
be required by the Town for such utilities or improvements.
[Amended 12-10-2013 by Ord. No. 13-20]
(14)
Maintenance guaranty.
(a)
Upon completion of all improvements and prior
to release of the performance guaranty, the applicant shall file a
maintenance guaranty bond amounting to 15% of the cost of all improvements
to guarantee that the completed improvements will be maintained for
a stated period not to exceed two years. The Town Engineer and the
Land Use Board shall review the maintenance bond; it shall be reviewed
by the Town Attorney as to form, sufficiency and execution and approved
by the Town Council.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
The Town Council will not accept any road or
improvement into the municipal system until the maintenance period
expires or until after the deficiencies are repaired and then only
if it is in the same condition as when certified.
E.
Final plat and final site plan.
(1)
Filing. Application for approval of a final plat or a final-site plan shall be filed in accordance with § 88-39 and shall contain all the information prescribed in § 88-41C or E, as the case may be. Said application shall be filed within the period prescribed in § 88-39A and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
(2)
Application accepted. If the Land Use Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedures in § 88-7.
[Amended 12-10-2013 by Ord. No. 13-20]
(3)
Amendments required. If the Land Use Board requires
any substantial amendment in the layout of improvements proposed by
the developer that have been the subject of the hearing, an amended
application shall be submitted and proceeded upon, as in the case
of the original application. The Land Use Board shall, if the proposed
application complies with this chapter, together with any conditions
imposed by the Board, grant final approval.
[Amended 12-10-2013 by Ord. No. 13-20]
(4)
Effect of final approval.
[Amended 12-10-2013 by Ord. No. 13-20]
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection C(3)(a), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection E(1). If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection E(1), the Land Use Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection D(3) for the section granted final approval.
(b)
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of or site plan for 150 acres or more, the Land Use Board may grant the rights referred to in Subsection E(1) of this section for such period of time longer than two years as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Land Use Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Land Use Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(5)
Recording of final plat.
[Amended 12-10-2013 by Ord. No. 13-20]
(a)
Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat, unless within
such period the plat shall have been duly filed by the developer with
the county recording officer. The Land Use Board may for good cause
shown extend the period for recording for an additional period not
to exceed 190 days from the date of signing of the plat.
(b)
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Land Use Board as indicated on the instrument by the signature of the Chairman and Secretary of the Land Use Board or a certificate has been issued pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The signatures of the Chairman and Secretary of the Land Use Board shall not be affixed until the developer has posted the guaranties required pursuant to Subsection D. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.
(6)
Filing and return of prints. After final subdivision
approval, one translucent tracing and one cloth print shall be filed
with the Town Clerk. The original tracing and one cloth print shall
be returned to the subdivider.
(7)
Filing of plat with County Clerk. No building permit shall be issued until final subdivision approval by the Land Use Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by Subsection E(5). Proof of filing shall be submitted to the Land Use Board Secretary prior to issuance of a building permit.
[Amended 12-10-2013 by Ord. No. 13-20]
(8)
Building permits for site plans. A building permit
in connection with a site plan may be issued prior to final approval,
but only after the installation of those improvements as the Land
Use Board, upon advice of the Town Engineer, may find necessary as
precedent to the issuance of such permit. No certificate of occupancy
in connection with a site plan shall be issued until final site plan
approval by the Land Use Board, and final approval shall not be granted
until all buildings and on-site improvements are completed or performance
guaranties posted.
[Amended 12-10-2013 by Ord. No. 13-20]
(9)
Temporary certificate of occupancy.
(a)
Upon the written recommendation of the Town
Council, the Building Inspector may grant a temporary certificate
of occupancy for a specified period of time not exceeding six months
if weather or other conditions beyond the control of the applicant
prevent compliance with the conditions of site plan approval. The
Building Inspector shall notify the Land Use Board of the issuance
of the temporary certificate of occupancy and the date of expiration.
In the event of the issuance of a temporary certificate of occupancy,
a cash performance guaranty shall be posted with the Town by the applicant
in an amount determined by the Town Engineer to be the fair value
of the uncompleted work.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
The performance guaranty shall be used by the
Town after reasonable notice to the owner to complete all improvements
in those cases where the owner fails to comply with the conditions
attached to the issuance of the temporary certificate of occupancy
and where these conditions are not remedied immediately by the owner
at the direction of the Town Engineer.
(10)
Permanent certificate of occupancy. The Building
Inspector may issue a permanent certificate of occupancy only upon
the written notification by the Land Use Board that all improvements
have been installed to their satisfaction as shown on the approved
site plan.
[Amended 12-10-2013 by Ord. No. 13-20]
A.
Sketch plat. The sketch plat shall be prepared to
scale, based on Tax Map information or some other similarly accurate
base, at a scale of not less than one inch equals 50 feet, to enable
the entire tract to be shown on one sheet and shall show or include
the following information:
[Amended 6-12-1990 by Ord. No. 90-6]
(1)
The location of that portion which is to be subdivided
in relation to the entire tract.
(2)
All existing structures, wooded areas and topographical
features, such as cliffs and swamps, within the portion to be subdivided
and within 200 feet thereof. Also included shall be the approximate
location of all environmentally critical areas, such as freshwater
wetlands, watercourses, etc., as identified in the National Wetland
Inventory Map and the Federal Emergency Management Agency or Federal
Insurance Rate Maps (if available).
(3)
The name of the owner and all adjoining property owners
and owners of property directly across the street as disclosed by
the most recent municipal tax record. If there is no positive evidence
of ownership of any parcel of adjoining property within 200 feet,
a certificate will be presented from the custodian of tax records
to that effect.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All streets or roads and streams within 500 feet of
the subdivision.
(6)
Approximate location of existing and proposed streets
and property lines and approximate lot sizes and areas.
(7)
Existence and location of any utility easement which
affects the title of the land being subdivided.
(8)
Setback, side line and rear yard distances of existing
structures.
(9)
The name and address of the person preparing the plat,
the scale, date of preparation and reference meridian.
(10)
Certification from the Tax Collector that all
taxes and assessments for local improvements on the property have
been paid to date.
(11)
The Land Use Board reserves the right to require
a feasible sketch plan layout of remaining land not being subdivided
if it is deemed necessary.
[Amended 12-10-2013 by Ord. No. 13-20]
(12)
Zone district boundary lines, if any, on or
adjoining the property to be subdivided and a schedule indicating
the required minimum lot area, lot width, lot depth and front, rear
and side yards of each zone district located on the property.
B.
Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of § 88-44A, in strict accord with modern and accepted planning techniques and procedures, by a licensed New Jersey land surveyor and a professional engineer, at a scale of not less than one inch equals 100 feet, for initial consideration by the Land Use Board prior to the granting of preliminary approval. The plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which preliminary approval may be granted and shall include:
[Amended 6-12-1990 by Ord. No. 90-6; 12-10-2013 by Ord. No. 13-20]
(1)
A key map showing the entire subdivision and its relation
to the surrounding areas.
(2)
The tract name, Tax Map sheet, block and lot number,
date, reference meridian, graphic scale and the following names and
addresses, together with consent to file:
(a)
Name and address of subdivider.
(b)
Name, address and license number of the person
who prepared the map.
(c)
Certification that the applicant is the owner
of the land or his authorized agent or that the owner has given consent
under an option agreement, giving names and addresses of both.
(d)
Certificate from Tax Collector that all taxes
and assessments for local improvements are paid to date.
(3)
Acreage of tract to be subdivided, to the nearest
hundredth of an acre.
(4)
Sufficient elevations or contours to determine the
general slope and natural drainage of the land and the high and low
points of the profiles of all proposed new streets, contours at five-foot
intervals for slopes averaging 10% or greater and at two-foot intervals
for land of lesser slope. Elevation datum shall be sea level only;
the sea level requirement may be waived by the Town Engineer if the
subdivider can prove hardship.
(5)
The location of existing and proposed property lines,
streets, existing buildings, watercourses, railroads, bridges, culverts,
drain pipes and any natural features such as wooded areas and rock
formations. Where it is determined that any portion of the subject
property contains or is affected by freshwater wetlands or watercourse
protection areas, or both, all such areas shall be accurately located
and shown. In addition, the plans shall identify all such areas disturbed
by the proposed development and what, if any, steps are proposed to
mitigate against adverse impact. The location, species and physical
condition of all existing, individual trees over 12 inches in diameter
shall be shown. In addition, the plan shall also indicated what, if
any, steps will be taken to protect against damage of any such trees
designated to remain after construction.
(6)
The area, in square feet, of each lot.
(7)
Minimum street setback line and side and rear yard
setback lines of each lot.
(8)
A copy of any proposed protective covenants or deed
restrictions applying to the land being subdivided.
(9)
A grading plan showing existing and final contours
of each lot.
(10)
A soil erosion and sediment control plan, if
required, in accordance with P.L. 1975, c. 251 (N.J.S.A. 4:24-39 et.
seq.). Said plan shall be submitted to the Soil Conservation District
in accordance with said statute, and approval of the application shall
be conditioned upon certification of the soil erosion and sediment
control plan by the District.
(11)
Plans, profiles and cross sections of all proposed
streets.
(12)
Plans and profiles of proposed utility layouts,
such as but not limited to sewers, storm drains, water, gas and electricity,
showing feasible connections to existing or any proposed utility system.
When an individual water supply or sewage disposal system, or both,
is or are proposed, the plan for each such system must be approved
by the appropriate local, county or state health agency. When a public
sewer system is not available, the subdivider shall have a minimum
of two percolation tests together with soil logs for these percolation
test holes made for each proposed lot in the subdivision, the tests
to be located in the approximate area where the disposal field is
intended to be located. The subdivider shall submit with the preliminary
plat the soil log and results of all tests which are conducted, whether
passing or failing the statutory requirements. A deep soil log in
accordance with P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.), is
required for each five lots. The Town reserves the right to supervise
or witness all or any percolation tests which are conducted, and the
subdivider shall notify the County Department of Health at least 48
hours prior to the conducting of any tests. Any subdivision or part
thereof which does not meet the requirements of this subsection or
other applicable regulations shall not be approved.
(13)
A state approved letter of interpretation of
freshwater wetlands.
(14)
An environmental impact statement, in accordance
with the environmental impact statement section of this chapter.
C.
Final plat. The final plat shall be drawn in ink on
tracing cloth or equal, at a scale of not less than one inch equals
100 feet, and in compliance with all provisions of P.L. 1960, c. 141
(N.J.S.A. 46:23-9.9 et seq.). The final plat shall show or be accompanied
by the following:
(1)
Date, name and location of the subdivision, name of
the owner and subdivider, graphic scale, reference meridian and name
of the person who prepared the map.
(2)
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, park areas or land
to be reserved or dedicated for public use, all lot lines and other
site lines, watercourses, with accurate dimensions, including bearings
and distances and curve information consisting of the following minimum
data:
(3)
The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of sites other
than residential shall be noted.
(4)
Each block shall be numbered, and the lots within
each block shall be numbered in conformity with the Municipal Tax
Map, as determined by the Town Tax Assessor.
(5)
Minimum building setback lines on all lots and other
sites.
(6)
Location and description of all monuments whether
found, set or to be set.
(7)
Names or owners of adjoining lands and of the land
directly across the street or streets from property involved.
(8)
Certification by engineer and/or surveyor as to accuracy
of details or plat.
(9)
Certification that the applicant is the agent or owner
of the land or that the owner has given consent under an option agreement.
(10)
When approval of a plat is required by any officer
or body of such a municipality, county or state, approval shall be
certified on the plat.
(11)
Certification from the Tax Collector that all
taxes and assessments for local improvements on the property have
been paid to date.
(12)
As-built plans and profiles of all roads and
utilities. Duplicate tracings and three black- or blue-on-white prints
shall be filed. One tracing and one print shall be filed with the
Town Clerk, one tracing and one print shall be forwarded to the Town
Engineer and one print shall be retained by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(13)
Lot grading plans. Following final approval,
but prior to the issuance of a building permit, the applicant shall,
when required by the Land Use Board as a condition of final approval,
submit to the Town Engineer for his approval a separate detailed site
plan of any lot, in duplicate, prepared by a licensed professional
engineer, showing the existing contour lines of the plot upon which
the dwelling structure is to be constructed, final elevations proposed
for the corners of the plot, corners and floor level of the structure
to be erected thereon; all swales, proposed terraces, sidewalks, steps
and driveways, including the slopes thereof and provisions for the
proper drainage thereof shall be shown on said site plan. Upon receipt
of said site plan, the Town Engineer shall review the plan and determine
whether or not it meets the standards set forth in this chapter. Upon
making such a determination, the Engineer shall retain one copy and
forward one copy of the site plan to the Building Inspector.
[Amended 12-10-2013 by Ord. No. 13-20]
(14)
A letter containing a list of all items to be
covered by a performance guaranty (cash or certified check), the quantities
of each item, the cost of each item, utilizing prevailing unit prices
common to the area and the total amount of all items.
(15)
A letter from the Town Engineer stating that
the required improvements have been installed to his satisfaction
and in accordance with applicable Town specifications and that the
performance guaranty is adequate to cover the cost of remaining improvements.
(16)
A letter from the applicant's engineer stating
that the final plat conforms to the preliminary plat, as submitted
and approved.
D.
Minor site plan. A minor site plan shall be prepared
to scale, based on an existing survey, tax map or other similar accurate
base, at a scale of not less than one inch equals 50 feet to enable
the entire site to be shown on one sheet, and shall show or include
the following information:
[Added 11-22-2005 by Ord. No. 05-15[1]]
(1)
Date, name, location of site, name of owner, scale
and North arrow.
(2)
Area of lot and all lot line dimensions.
(3)
Location, use and ground floor area of all existing
buildings with building setback, site line and rear yard distances.
(4)
Location of all existing features, including watercourses,
wooded areas, easements, roads, structures, parking areas, and other
improvements on or immediately adjacent to the site which will have
any impact on the proposed changes to the site.
(5)
Location and identification of all proposed changes
to the site.
(6)
Zoning table showing zone district and standards,
existing compliance or nonconformities and proposed compliance or
required variances.
(7)
Topography or spot elevations, for changes that involve
grading or construction of building or parking additions.
(8)
Whatever other information the Board needs, based
on the specific application and site, to make an informed decision.
E.
Preliminary site plan. The preliminary site plan
shall be drawn at a scale of not more than 50 feet to the inch and
shall include such details as may be necessary to properly evaluate
the application and determine compliance with this chapter. The site
plan shall be drawn by a licensed New Jersey professional engineer
and land surveyor and, where applicable to the proposed use or construction,
the following information shall be clearly shown:
[Amended 6-12-1990 by Ord. No. 90-6]
(1)
Date, name, location of site, name of owner, scale
and reference meridian.
(2)
Area of the lot and all lot line dimensions.
(3)
The location of all existing watercourses, wooded
areas, easements, rights-of-way, streets, roads, highways, freeways,
railroads, canals, rivers, buildings, structures and any other feature
directly on the property or beyond the property, if such feature has
an effect upon the use of said property.
(4)
Location, use and ground floor area of all existing
and proposed buildings, with the building setback, side line and rear
yard distances.
(5)
Elevations at the corners of all proposed buildings
and paved areas and at property corners if new buildings or paved
areas are proposed.
(6)
The location and widths of existing and proposed streets
servicing the site plan.
(7)
Specifications for and location of proposed surface
paving and curbing.
(8)
Location of all structures within 100 feet of the
property.
(9)
Location of off-street parking areas, with dimensions,
showing proposed parking and loading spaces, with dimensions, width
of proposed access drives and aisles and traffic circulation.
(10)
Proposed storm drainage and sanitary disposal
facilities; specifically, the location, type and size of all existing
and proposed catch basins, storm drainage facilities, utilities, plus
all required design data supporting the adequacy of the existing or
proposed facilities to handle future storm flows. Generally all storm
drainage facilities and other utilities should be based on a design
using parameters currently used in the area.
(11)
Existing and proposed contours of the property
and for 100 feet outside the property at two-foot intervals when new
buildings or parking areas are proposed.
(12)
The location and treatment of proposed entrances
and exits to public rights-of-way, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lanes, additional widths and any other devices necessary to traffic
safety and/or convenience.
(13)
The location and identification of proposed
open space, parks or other recreation areas.
(14)
The location and design of landscaping, buffer
areas and screening areas.
(15)
The location of sidewalks, walkways, traffic
islands and all other areas proposed to be devoted to pedestrian use.
(16)
The nature and location of public and private
utilities, including maintenance and solid waste disposal and/or storage
facilities.
(17)
Specific location and design of traffic control
devices, signs and lighting fixtures. The Land Use Board may require
of the applicant expert testimony concerning the adequacy of proposed
traffic control devices, signs and lighting fixtures.
[Amended 12-10-2013 by Ord. No. 13-20]
(18)
Preliminary architectural plans for the proposed
buildings or structures, indicating typical floor plans, elevations,
heights and general design or architectural styling.
(19)
The present status and contemplated use of all
existing buildings on the property.
(20)
Location and description of proposed signs and
outdoor lighting, if known.
(21)
A soil erosion and sediment control plan if
required in accordance with P.L. 1975, c. 251 (N.J.S.A. 4:24-39 et
seq.). Said plan shall be submitted to the Soil Conservation District
in accordance with said statute, and approval of the application shall
be conditioned upon certification of the soil erosion and sediment
control plan by the District.
(22)
The Land Use Board may require any additional
information which is reasonably necessary to ascertain compliance
with the provisions of this chapter.
[Amended 12-10-2013 by Ord. No. 13-20]
(23)
An environmental impact statement, if required
by the environmental Impact Statement Ordinance of the Town of Clinton.
(24)
If it can be demonstrated that, because of peculiar
conditions relating to the property or proposed construction, any
of the above details are not necessary to properly evaluate the site
plan, the Land Use Board may modify or waive any of the specific site
plan details.
[Amended 12-10-2013 by Ord. No. 13-20]
F.
Final site plan.
(1)
The site plan and related drawings and information
submitted for preliminary approval shall satisfy the requirements
for final approval of a site plan when final approval of the entire
plan is being sought, unless modifications approved by the Town Engineer
were made subsequent to preliminary approval. In such instances, revised
drawings shall be submitted. The final site plan application shall
be accompanied by a detailed plan for proposed landscaping showing
the size, species and spacing of trees and plants and other landscaping
treatment of unpaved areas.
(2)
When final approval of only a section of a site plan granted preliminary approval is being sought, a final site plan of the section showing all applicable details prescribed in Subsection E shall be submitted.
(3)
The Town Engineer may authorize minor variation between
the final and preliminary site plans caused by field conditions and
shall notify the Land Use Board of any change. All changes shall be
shown on a final as-built site plan to be submitted to the Land Use
Board before the issuance of a certificate of occupancy.
[Amended 12-10-2013 by Ord. No. 13-20]
A.
On-tract and on-site improvements; on-tract installation for subdivisions. Prior to the granting of final approval, the applicant shall have installed, or furnished performance guaranties as set forth in § 88-40D for the ultimate installation of, the improvements described below. All improvements shall be subject to approval and inspection by the Town Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement. All installation shall be in accordance with Chapter 122, Streets and Sidewalks, of the Code of the Town of Clinton, where applicable, §§ 88-49 and 88-50 of this chapter and the Town of Clinton Standard Construction Standards, on file with the Public Works/Business Administrator and Town Engineer. The following improvements will be required except where the Land Use Board waives the requirement by specific resolution in conjunction with hardship, peculiar situations or special development provisions:
[Amended 9-13-1988 by Ord. No. 88-12; 12-12-1995 by Ord. No. 95-16; 12-10-2013 by Ord. No. 13-20]
(1)
Streets and pavements. The subdivider shall design
and construct streets and pavements meeting the minimum specifications
as set forth in this chapter or such other specifications as may be
required by the Town Engineer where special circumstances so require.
(2)
Curbs and sidewalks. The subdivider shall construct
curbs and sidewalks on both sides of all new and existing streets,
avenues, highways and public lanes to the extent that such will be
on-tract.
(3)
Storm drains and culverts. All streets shall be provided
with sufficient catch basins, storm sewers, culverts, water detention
basins and other drainage appurtenances for the proper drainage of
the area, in light of existing and future conditions. All such facilities
shall be constructed in accordance with accepted engineering design
practices or such other specifications as may be required by the Town
Engineer where special circumstances so require. Storm drainage features
shall be based on a fifteen-year frequency curve, or greater if required
by the Town Engineer.
(4)
Monuments. Monuments shall be of the size and shape
required by N.J.S.A. 46:29-94 and shall be placed in accordance with
said statute.
(5)
Street name signs. Street name signs shall be placed
at all street intersections within the subdivision. Such signs shall
be of a type approved by the Town of Clinton and shall be placed in
accordance with the standards of the Town of Clinton. No street shall
have a name which will duplicate or so nearly duplicate as to be confused
with the name of existing streets. The continuation of an existing
street shall have the same name.
(6)
Streetlighting. The subdivider shall be responsible
for the installation of streetlighting facilities as approved by the
Land Use Board in accordance with any applicable standards of the
Town of Clinton.
(7)
Topsoil protection. Topsoil which shall be removed
in the course of regrading a subdivision shall not be used as spoil
or removed from the subdivision site. Such topsoil shall be redistributed
as to provide at least six inches of cover on areas to be used as
building sites from which topsoil was removed and shall be stabilized
by seeding or planting.
(8)
Shade trees. Shade trees shall be located within the
street right-of-way in such a manner as not to interfere with utilities
or sidewalks and shall be one of the types and species as approved
by the Shade Tree Commission. Said shade trees shall be spaced as
required by the Shade Tree Commission.
(9)
Sanitary sewers.
(a)
Where a public sanitary sewer system is reasonably
accessible and capacity available, each lot within a subdivision area
shall be provided with sewage disposal facilities by the required
extension of sewer mains and connections thereto, the costs thereof
to be borne by the subdivider. All such installation of sewer mains
and connections shall be constructed in accordance with applicable
specifications and requirements of the Town.
(b)
Where a public sanitary sewer system is not
reasonably accessible, the subdivider may be required to install sewer
lines and a sanitary sewer disposal plant at its own cost and expense
and in accordance with applicable specifications and requirements
of the Town, and all such installations shall be subject to the approval
of the Board of Health, the State Department of Environmental Protection
and the Town Engineer.
(c)
Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required in accordance with Subsection A(9)(b) above, the subdivider may be required by the Land Use Board to install within the subdivision a complete sewer pipe system, including provision for connection thereto at each lot, provided that there is reliable information to indicate that connection of the development to a public sanitary sewer system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal systems for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Board of Health. The Land Use Board may further require the installation of house sewer service connections to the curbline at which point the same shall be capped.
(10)
Percolation tests. Where a sanitary sewer system is not accessible, the subdivider shall furnish to the Land Use Board satisfactory proof by percolation, geoswingometer and other appropriate tests that substrata under each lot is sufficient to support a properly functioning individual sewage disposal system conforming to the requirements of the State Department of Environmental Protection and regulations issued thereunder as well as the ordinances of the Town of Clinton, unless said subdivider shall provide individual sewer lines and a sanitary sewer disposal plant as provided in Subsection A(9).
(11)
Water supply. When a public water supply system
is reasonably accessible to the subdivision, each lot within the subdivision
shall be provided with water supplied by said water supply system.
All facilities for said system shall be installed pursuant to and
in accordance with all applicable requirements of the Town of Clinton.
(a)
In the event that a public water supply system
is not available to supply the proposed subdivision, the Land Use
Board may require construction of a private water supply system in
such manner that an adequate supply of potable water will be available
to each lot within the subdivision at the time improvements are erected
thereon and so that such system can be incorporated within the public
supply system when and if it shall become available. The water treatment
and distribution system shall be constructed and installed in conformity
with applicable ordinances of the Town of Clinton and subject to the
approval of the Town Engineer. The adequacy, healthfulness and potability
of the private water supply system shall be subject to the approval
of the Board of Health and the State Department of Environmental Protection,
when such approval is required. The developer shall file with the
Town a map of said water supply and distribution system adequately
locating same.
(b)
All water systems shall be installed in such
manner as to ensure adequate pressures and quantities and ample flows
for hydrants.
(c)
If a public water supply system is not accessible
and if construction of a private water supply is not required, each
lot shall be served by an individual driven well. In such case and
prior to preliminary approval, the subdivider shall submit evidence
that underground potable water is available in sufficient quantity
to serve the subdivision.
(12)
Fire hydrants. Fire hydrants shall be installed
in all subdivisions when a central water supply exists. Fire hydrants
shall be of the type approved by the Town of Clinton in accordance
with the recommendations of the Fire Insurance Rating Organization
of New Jersey and shall be placed and installed in accordance with
applicable standards of the Town of Clinton. Such installation shall
be subject to the inspection and approval of the Public Works/Business
Administrator.
(13)
Electric, telephone and cable antenna television
service. Except as otherwise provided in the regulations of the Board
of Public Utility Commissioners, in all major subdivisions, electric,
telephone and cable antenna television facilities shall be installed
underground and, where applicable, in accordance with the latest requirements
of said Board. Arrangements for such underground installation shall
be made with the appropriate utility companies.
(14)
Easements. Easements of a width sufficient to
allow proper maintenance shall be provided for the installation of
all drains, storm drains, pipelines, gas mains, etc. Said easements
shall be dedicated to the municipality by approved legal procedure.
B.
On-tract installations for site plans. Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties as set forth in § 88-40D for the ultimate installation of any required public on-tract improvements as the same are described in Subsection A. In addition, the Land Use Board may require the installation of on-site improvements, as described in Subsection C below, prior to the granting of final approval, and which it finds essential before the issuance of a building permit. All such improvements shall be subject to approval and inspection of the Town Engineer as provided in Subsection A above.
[Amended 12-10-2013 by Ord. No. 13-20]
C.
On-site installations for site plans.
(1)
Pavement. All parking and loading areas shall be paved in accordance with the specifications in § 88-49 of this article.
(2)
Drainage. All sites shall be drained and graded so as to control surface runoff efficiently. Storm drainage shall be connected to existing facilities whenever possible. Retention facilities may be required by the Town in cases where existing systems lack capacity or where needed to protect downstream properties. Drainage design shall be as set forth in § 88-50 of this article.
(3)
Parking. Parking spaces, pedestrian walkways and entrance
and exit driveways shall be painted on the finished pavement in traffic
paint.
(4)
Curbs. All paved areas shall be bounded by curbs constructed
of Belgian blocks in residential and commercial developments and of
concrete in industrial developments.
[Amended 9-13-1988 by Ord. No. 88-12]
(5)
Sidewalks. Concrete sidewalks, at least four feet
in width and four inches in thickness, shall be constructed where
required.
(6)
Screening. All off-street parking and loading areas
shall be effectively screened on any side which adjoins or faces premises
situated in any residential zone by a fence or wall not less than
four nor more than six feet in height, maintained in good condition;
provided, however, that a screening or hedge or other natural landscaping
may be substituted for the required fence or wall if approved by the
Land Use Board. The fence as required by this section may be waived
by the Land Use Board if, in the Board's judgment, because of topographic
or other unusual conditions, said fence is not necessary to screen
adjoining residential property. The Land Use Board may also require
construction of landscaped berms up to a height of five feet with
slopes at a ratio of not less than 2:1.
[Amended 12-10-2013 by Ord. No. 13-20]
(7)
Lighting. Adequate lighting shall be provided for parking areas in operation between 1/2 hour before sunset and 1/2 hour after sunrise. In addition, the premises shall have adequate lighting for security purposes during the foregoing period when the facility is not in operation. All exterior lighting shall meet the design standards established in § 88-44B(1)(g).
[Amended 8-14-1979 by Ord. No. 79-8]
(8)
Landscaping. All portions of the property not used
for off-street parking shall be attractively landscaped with grass
lawns, trees and shrubs as approved by the Land Use Board. Shade trees
shall be installed within the street right-of-way in accordance with
requirements of the Shade Tree Commission.
[Amended 12-10-2013 by Ord. No. 13-20]
(9)
Utilities. All uses shall be provided with adequate
water supply and sanitary disposal facilities, all in accordance with
applicable local and state requirements.
(10)
The Land Use Board may require items of construction
such as retaining walls, guardrails, safety fencing, traffic barricades
or other devices necessary in the interest of public safety and convenience.
[Amended 12-10-2013 by Ord. No. 13-20]
As a condition of preliminary approval and prior
to any construction and to the filing of an application for final
approval of a subdivision or site plan, the applicant shall have made
cash payments in the manner provided below with respect to the installation
of any required off-tract improvements.
A.
Allocation of costs; criteria in determining allocation.
The allocation of costs for off-tract improvements as between the
applicant, other property owners and the Town, or any one or more
of the foregoing, shall be determined by the Land Use Board, with
the assistance of the appropriate Town agencies, on the basis of the
total cost of the off-tract improvements, the increase in market values
of the property affected and any other benefits conferred, the needs
created by the application, population and land use projections for
the general area of the applicant's property and other areas to be
served by the off-tract improvements, the estimated time of construction
of the off-site improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
Requirements for off-tract improvements shall be consistent with Section
30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following
criteria may also be considered, as well as any other reasonable criteria.
[Amended 12-10-2013 by Ord. No. 13-20]
(1)
Street, curb, sidewalk, shade trees, streetlights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application.
In determining such traffic increase, the Land Use Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and other factors related to the need
created by the application and the anticipated benefit thereto.
(2)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by a particular land use, considering:
(a)
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin.
(b)
The use of a particular site and the amount
of area to be covered by impervious surfaces on the site itself.
(c)
The use, condition or status of the remaining
area in the drainage basin.
(3)
Water supply and distribution facilities may be also
based upon the added facilities required by the total anticipated
water use requirements of the property of the applicant and other
properties in the general area benefiting therefrom.
(4)
Sanitary sewerage facilities may be based upon the
proportion that the total anticipated volume of sewage effluent of
the applicant's property and other properties connected to the new
facility bears to the existing capacity of existing sewerage facilities,
including but not limited to lines and other appurtenances leading
to and servicing the applicant's property. Consideration may also
be given to the types of effluent and particular problems requiring
special equipment or added costs for treatment. In the event that
the applicant's property shall be permitted to be connected to existing
sewer facilities, the applicant shall pay a charge or be assessed
in accordance with law.
B.
Determination of cost of improvements. The cost of
installation of the required off-tract improvements shall be determined
by the Land Use Board with the advice of the Town Engineer and appropriate
Town agencies.
[Amended 12-10-2013 by Ord. No. 13-20]
C.
Amount of contribution. When the cost of construction
has been determined, the applicant may be required to provide a cash
deposit to the Town of one of the following amounts:
(1)
If the improvement is to be constructed by the Town
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subject property, will be specifically benefited by the off-tract
improvement.
D.
Payment of allocated cost.
(1)
The estimated costs of the off-tract improvement allocated
to the applicant, if deposited in cash, shall be paid by the applicant
to the Chief Financial Officer, who shall provide a suitable depository
therefor, and such funds shall be used only for the off-tract improvements
for which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Town within a period
of 10 years from the date of payment, after which time said funds
so deposited shall be returned, together with accumulated interest
or other income thereon, if any.
[Amended 12-27-1988 by Ord. No. 88-21]
(2)
In the event the payment by the applicant to the Chief
Financial Officer provided for herein is less than its share of the
actual cost of the off-tract improvements, then it shall be required
to pay its appropriate share of the cost thereof.
[Amended 12-27-1988 by Ord. No. 88-21]
(3)
In the event that the payment by the applicant to
the Chief Financial Officer provided for above is more than its appropriate
share of the actual cost of installation of the off-tract improvements,
it or its successor or assignee shall be repaid an amount equal to
the difference between the deposit and its share of the actual cost.
[Amended 12-27-1988 by Ord. No. 88-21]
(4)
If the applicant shall deem that any of the amounts
so estimated by the Land Use Board are unreasonable, it may challenge
them and seek to have them revised in appropriate proceedings brought
to compel subdivision approval.
[Amended 12-10-2013 by Ord. No. 13-20]
(5)
If the applicant and the Land Use Board cannot agree
with respect to the applicant's appropriate share of the actual cost
of the off-tract improvement or the determination made by the officer
or board charged with the duty of making assessments as to special
benefits, if the off-tract improvements are to be constructed as a
local improvement, no approval shall be granted; provided, however,
that the applicant may challenge such determination and seek to have
it revised in appropriate judicial proceedings in order to compel
subdivision or site plan approval.
[Amended 12-10-2013 by Ord. No. 13-20]
E.
Assessment of properties. Upon receipt from the applicant
of its allocated share of the costs of the off-tract improvements,
the Town may adopt a local improvement assessment ordinance for the
purpose of construction and installation of the off-tract improvements
based upon the actual cost thereof. Any portion of the cost of the
improvements not defrayed by a deposit by the applicant may be assessed
against benefiting property owners by the Town. Any assessments for
benefits conferred made against the applicant or his successors in
interest shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Chief Financial Officer pertaining
thereto. The applicant or his successors in interest shall not be
liable for any part of an assessment for such improvements unless
the assessment exceeds the pro rata share credit for the deposit,
and then only to the extent of the deficiency.
[Amended 12-27-1988 by Ord. No. 88-21]
A.
Subdivision.
(1)
General. The applicant shall observe the following
requirements and principles of land subdivision in the design of each
subdivision or portion thereof:
(a)
Development pattern. The subdivision plat shall
conform to design standards that will encourage good development patterns
within the Town.
(b)
Conformance to Master Plan and Official Map.
Where either or both an Official Map or Master Plan has been adopted,
the subdivision shall conform to the proposals and conditions shown
therein. The streets, drainage rights-of-way, school sites, public
parks and playgrounds shown on an officially adopted Master Plan or
Official Map shall be considered in the approval of subdivision plats.
(2)
Streets.
(a)
The arrangement of streets not shown on the
Master Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets.
(c)
Marginal access. In subdivisions that abut arterial
streets and such other streets or portions of streets as the Land
Use Board may designate on the Master Plan, the Land Use Board may
require provision for marginal access roads, reverse frontage lots
with buffer strips for planting or other design methods for the purpose
of separating through and local traffic.
[Amended 12-10-2013 by Ord. No. 13-20]
(d)
Right-of-way width. The right-of-way shall be
measured from lot line to lot line and shall not be less than 50 feet
unless a greater width is shown on the Master Plan or Official Map.
(e)
No subdivision showing reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the Town Council
under conditions approved by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(f)
Subdivisions that adjoin or include existing
streets that do not conform to width as shown on the Master Plan or
Official Map or the street width requirements of this chapter shall
dedicate additional width along either one or both sides of said road.
If the subdivision is along one side only, 1/2 of the required extra
width shall be conveyed to the Town, county or state, as the case
may be.
(g)
Grades of arterial and collector streets shall
not exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 1% or as approved by the Land
Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(h)
Street intersections shall be right angles.
The block corners at intersections shall be rounded at the property
line and have a radius of not less than 25 feet.
(i)
Street jogs with center-line offsets of less
than 125 feet shall be prohibited.
(j)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(k)
When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets.
(l)
All changes in grade shall be connected by vertical
curves and shall provide a smooth transition and proper sight distance.
(m)
A dead-end street or cul-de-sac shall not exceed
600 feet in length. Dead-end streets shall have a turnaround at the
end with a radius of not less than 50 feet to the right-of-way line
and tangent whenever possible to the right side of the street. If
a dead-end street is of temporary nature, a similar turnaround shall
be provided and provisions made for future extension of the street
and reversion of the excess right-of-way to the adjoining properties.
(n)
No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets and logical subdivisions.
(3)
Blocks.
(a)
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the zoning regulations and to provide for convenient access,
circulation control and safety of street traffic. Block lengths generally
shall not be less than 400 feet nor more than 1,000 feet in length.
(b)
Pedestrian crosswalks may be required in blocks
in locations deemed necessary by the Land Use Board. Such walkway
shall be 10 feet wide and be straight from street to street.
[Amended 12-10-2013 by Ord. No. 13-20]
(c)
For commercial, group housing or industrial
use, block size shall be sufficient to meet all area and yard requirements
for such use.
(4)
Lots.
(a)
Dimensions. Lot dimensions and area shall be
not less than the requirements of the zoning regulations.
(b)
Side lines. Insofar as is practical, side lot
lines shall be at right angles to straight streets and radial to curved
streets.
(c)
Frontage. Each lot must front upon an approved
street at least 50 feet in width.
(d)
Setbacks. Where extra width has been dedicated
for widening of existing streets, lots shall begin at such extra-width
line, and all setbacks shall be measured from such line.
(e)
Suitability. All lots shall be suitable for
their intended uses and, where necessary, increased in size to compensate
for conditions, such as steep slopes, rock formations and flood conditions.
(5)
Public use and service areas.
(a)
Easements. In large-scale development, easements
along rear property lines or elsewhere for utility installation may
be required. Such easements shall be at least 15 feet wide and located
in consultation with the companies or Town departments concerned.
(b)
Drainage easements. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way conforming substantially
with the lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
(c)
Natural features. Natural features such as trees,
brooks, hilltops and views shall be preserved whenever possible in
designing any subdivision containing such features.
(d)
Reservation of public areas.
[Added 7-22-1986 by Ord. No. 86-9]
[1]
If the Master Plan or Official Map of the Town
of Clinton provides for the reservation of designated streets, public
drainageways, flood control basins or other public areas within the
proposed development, any such streets, ways, basins or areas must
be shown on the preliminary and final plat in locations and sizes
suitable to their intended uses. The Land Use Board may reserve the
location and extent of such streets, ways, basins or areas shown on
the plat for a period of one year after the approval of the final
plat or within such further time as may be agreed to by the developer.
Unless during such period or extension thereof the Town of Clinton
shall have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to the streets and roads, flood control basins or public drainageways
necessitated by the subdivision or land development and required for
final approval.
[Amended 12-10-2013 by Ord. No. 13-20]
[2]
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that determination of such fair
market value shall include, but not be limited to, consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. Fair market value for the value of
an option to purchase the easement for the period of the reservation
shall be determined by a licensed real estate appraiser to be selected
by agreement of the parties. If the parties are unable to agree on
any appraiser, the matter shall be referred to the New Jersey Superior
Court for determination. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval as the case may be, caused by the reservation.
[3]
The developer shall submit to the Town affidavits
from his attorney, engineer and other professionals which detail the
amount and nature of the additional charges incurred, and such other
documentation as the Town may require to determine the reasonableness
of the claim for increased costs.
[4]
The Town of Clinton shall pay the developer
for his actual loss, including reimbursement for the reasonable increased
cost of professional services, within 90 days from the date the final
plat is approved or the affidavits of service submitted, whichever
is later; however, in the event that the parties can not agree as
to the reasonableness of the amount of increased costs of professional
services, the matter shall be referred to the New Jersey Superior
Court for determination.
B.
Site plan.
(1)
General. In general, site plans shall be the principles
of design relating to subdivisions where applicable. In reviewing
said site development plan, the Land Use Board shall ascertain that
the following requirements are complied with:
[Amended 8-14-1979 by Ord. No. 79-8; 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25; 4-14-1987 by Ord. No. 87-7; 8-24-1999 by Ord. No. 99-8; 12-14-2004 by Ord.
No. 04-14; 12-10-2013 by Ord. No. 13-20]
(a)
The provisions of the zoning regulations with
respect to height, minimum lot areas, mandatory open spaces and the
like shall be complied with.
(b)
Adequate provision shall be made for off-street
parking in accordance with the zoning regulations, and adequate traffic
circulation, traffic safety and protection to adjoining property shall
be provided.
(c)
Adequate provision shall be made for the disposal
of stormwater as approved by the Town Engineer.
(d)
The location, design or construction of any
building shall not be likely to involve risks of traffic congestion,
public safety or hazard.
(e)
The design or construction of any building or
use will be consistent with the character of the neighborhood so as
to maintain the value of adjacent or nearby property.
(f)
All unpaved areas shall be attractively landscaped
with grass lawns, trees and streets, unless allowed by the Land Use
Board to remain in their natural state.
(g)
Adequate illumination of parking areas and
other portions of the premises requiring area lighting shall be provided
and shall meet the following criteria:
[1]
All lights shall be focused downward so that
the direct source of light is not visible from adjoining streets or
properties.
[2]
No light source, including sign lights, shall
exceed a height of 15 feet.
[3]
All lights shall be shielded to restrict the
maximum apex angle of the cone of illumination to 150°.
[4]
The light intensity provided at ground level
shall be a minimum of 0.3 footcandle anywhere and shall average a
minimum of 0.5 footcandle over the entire area.
[5]
The light intensity anywhere shall not exceed
0.5 footcandle along any property line or 0.3 footcandle if a residential
property line.
[6]
For each fixture and lighted sign, the total
quantity of light radiated above a horizontal plane passing through
the light source shall not exceed 7 1/2% of the total quantity
of light emitted from the light source.
[7]
Provision shall be made for reduction in the
intensity of illumination to the minimum need for security purposes
when the facility is not in operation.
[8]
The style of any light or light standard shall
be consistent with the architectural style of the principal building.
[9]
Freestanding lights shall be protected to avoid
being damaged by vehicles.
[10]
Spotlights and floodlights shall be so located
and directed as not to project light beyond the property or to create
a nuisance or hazard.
[11]
Whenever possible, walkways shall be lighted
with low or mushroom-type standards.
[12]
Flashing, moving, rotating or strings of lights,
except Christmas lights, are prohibited.
(h)
All parking areas shall provide for adequate
ingress and egress and safe and convenient traffic circulation. Access
drives and aisles shall be of sufficient width to permit safe access
to parking spaces and safe traffic movement. Driveways shall be not
less than 50 feet from any street intersection nor 20 feet from another
driveway measured along the curbline.
(i)
Off-street parking areas shall be used solely
for the parking of passenger automobiles, and no commercial repair
work or service of any kind shall be conducted on the parking lot
nor shall such lots be used for the parking of disabled, dismantled,
unoperable or unregistered vehicles.
(j)
Design of parking areas.
[1]
All parking areas shall be designed with service
aisles to meet the following standards:
|
Type of Parking
(angle)
|
Aisle Width
(feet)
| |
|---|---|---|
|
Parallel
|
12
| |
|
30°
|
12
| |
|
45°
|
13
| |
|
60°
|
18
| |
|
90°
|
24
|
[2]
In addition, there shall be a minimum distance
between parallel parking spaces of six feet when found necessary to
provide for convenient access.
[3]
Parking spaces in the PRD-P or PRD zones, or
parking spaces for office, industrial or institutional uses, or wherever
it can be demonstrated by the applicant that parking facilities will
be used for long periods of time, shall have a minimum area of 162
square feet and minimum dimensions of nine feet in width by 18 feet
in length, measured perpendicular to each other. All other parking
spaces shall have minimum dimensions of 9.5 feet in width by 20 feet
in length, measured perpendicular to each other, and a minimum area
of 190 square feet. Wherever the parking space measures less than
20 feet in length, the aisle width for ninety-degree-angle parking
shall be 25 feet instead of 24 feet.
(k)
Off-street parking and loading location requirements.
All off-street parking and loading areas, except for parking which
is accessory to one- and two-family dwellings, shall, unless otherwise
provided by this chapter, meet the location requirements prescribed
in the following schedule.
|
Schedule of Minimum Distances For Location
of Parking and Loading Areas
| |||||
|---|---|---|---|---|---|
|
Zone
|
From Buildings*
(feet)
|
From Streets
(feet)
|
From Property Lines
(feet)
|
From Residential Zones**
(feet)
| |
|
R-1
|
10
|
10
|
10
|
10
| |
|
R-2
|
10
|
10
|
10
|
10
| |
|
R-2A
|
10
|
10
|
10
|
10
| |
|
R-3
|
5
|
5
|
5
|
5
| |
|
C-1
|
5
|
5
|
0
|
10
| |
|
C-2
|
5
|
10
|
10
|
25
| |
|
C-3
|
10
|
10
|
5
|
15
| |
|
C-4
|
10
|
10
|
10
|
25/502
| |
|
I
|
10
|
25
|
10
|
25
| |
|
OB-1
|
10
|
10
|
5
|
10
| |
|
OB-2
|
10
|
25
|
10
|
25
| |
|
OB-31
|
10
|
25
|
10
|
25
| |
|
NOTES:
* Loading areas excepted.
** Not applicable where the property in the
abutting residential zone is publicly owned.
| |||||
|
1
| |||||
|
2Parking shall be
located at least 25 feet from a residential zone; loading areas shall
be at least 50 feet from a residential zone.
| |||||
(l)
Each lot shall not have more than two accessways
to any street or highway and shall comply with the following regulations:
[1]
No accessway shall be located closer than 10
feet to any side lot line or 20 feet to any intersecting street.
[2]
The width of any accessway leading from or to
a street or highway shall not exceed 25 feet in width or be less than
15 feet in width.
[3]
At the intersection with the lot line, no accessway
shall be closer than 20 feet to any other accessway on the same lot.
[4]
The location and number of accessways shall
be so designed as to reduce traffic congestion and lower the possibility
of traffic hazards.
(m)
That all other applicable provisions of this
chapter are met.
(n)
That the applicant has obtained necessary approvals
of any state, county or municipal agencies.
(o)
The Land Use Board shall give consideration
to such other elements or aspects of the site plan or proposed use
as may relate to the design of the plan, the general environment of
the area or the health, safety and general welfare of the public.
(2)
In the case of a site plan for a planned development,
such as a multifamily housing development, review of the site plan
shall consider the following criteria:
(a)
Departures by the proposed development from
zoning regulations otherwise applicable to the subject property shall
conform to the zoning regulations.
(b)
The proposals for maintenance and conservation
of common open space shall be reliable, and the amount, location and
purpose of the common open space shall be adequate.
(c)
Provision through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment shall be adequate.
(d)
The proposed development shall not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
Parking spaces shall not be entered directly
from a public street.
(f)
All off-street parking areas and internal roadways
shall be paved, bounded by permanent curbing and constructed in accordance
with this and other applicable ordinances.
(g)
The arrangement and location of garages, parking
areas and internal roadways shall be subject to approval of the Planing
Board and shall be designed to ensure maximum safety, proper circulation
and maximum convenience for residents and their guests.
[Amended 12-10-2013 by Ord. No. 13-20]
(h)
All common open spaces shall be attractively
landscaped with grass lawns, trees and shrubs. Provision shall be
made for the preservation of existing trees and natural features.
(i)
Hard-surfaced sidewalks shall be provided in
such locations as will ensure convenient pedestrian traffic as required
by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(j)
Screening and fencing shall be provided to shield
parking areas and other common facilities from view of adjoining property.
(k)
Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area. All lighting shall meet the requirements of § 88-44B(1)(g).
[Amended 8-14-1979 by Ord. No. 79-8]
(l)
Adequate provision shall be made for the installation
of storm drainage facilities, public water supply and connection to
a public sanitary sewer.
(m)
All telephone and electric service on the property
shall be by underground conduit.
(3)
Site maintenance. All buildings, paved areas and landscaping
shall be adequately maintained at all times. Dead trees or shrubs
shall be replaced by the owner. Failure of the owner to comply with
these provisions within six months of notification by the Building
Inspector shall be considered a violation of this chapter.
C.
Environmental impact statement (EIS).
[Added 6-12-1990 by Ord. No. 96]
(1)
Requirement and purpose.
(a)
No building permit shall be issued for any building
or any land disturbed, with the exception of minor subdivisions or
minor land disturbance, which requires the approval of the Land Use
Board until an environmental impact statement shall have been submitted
to and approved by the appropriate Board, unless waived in part or
in total by that Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
The purpose of this requirement is to permit
the Board to assess the potential impact of a proposed project upon
the environment, including physical, aesthetic and social considerations,
both natural and man made.
(2)
Filing and review procedures.
(a)
Twenty copies of an environmental impact statement,
prepared by a licensed professional engineer, professional planner
or other qualified professional and meeting the requirements indicated
herein, shall be submitted as a part of the documentation for preliminary
subdivision or site plan approval. Such application shall not be deemed
complete in the absence of the environmental impact study.
(b)
Prior to a determination of completeness of
an application, the Board shall submit to the Environmental Commission
copies of the environmental impact statement or request for waiver
for complexness review or justification for waiver. The Environmental
Commission shall advise the Board in sufficient time for the Board
to determine the completeness of the application, within the time
period permitted by statute. No waiver shall be granted by the Board
without advice from the Environmental Commission; however, if not
received in a timely manner, the Board may take such action without
comment from the Commission.
(3)
Contents of environmental impact statement. An environmental
impact statement shall identify, discuss and analyze each of the factors
representing a potential impact, whether positive or negative, on
the environment, as required herein, and shall contain the following
information:
(a)
Introduction: a description of the size, location
and general character of the subject property, and the nature of the
proposed development or use.
(b)
Description of proposed development:
[1]
Land use and zoning: a description of the existing
land use and zoning of the subject property and surrounding properties
within 1,000 feet.
[2]
Zoning Map: a copy of the Town of Clinton Zoning
Map, or portion thereof, with the subject property identified thereon
and showing the relationship between the subject property and all
surrounding zone limits within 1,000 feet.
[3]
Tax Map: a copy of the applicable Town of Clinton
Tax Map, or portion thereof, with the subject property identified
and the lot and block designation of all other properties within 200
feet.
(c)
Inventory of existing environment conditions:
a detailed description of the following environmental conditions as
they apply to the subject property, in its existing state, and to
the region. All references and other sources of information shall
be listed in the bibliography. The statement shall contain the following
information:
[1]
Water quality: a description of the quality
of all on-site lakes, ponds or watercourses within the same drainage
basin as the subject property. Documentation shall include results
of actual laboratory analysis of samples.
[2]
Air quality: a description of the quality of
air at the subject property and in the region. Documentation shall
include results of actual laboratory analysis of samples.
[3]
Topography: an analysis and description of the
existing terrain of the subject property and surrounding property
within 200 feet. Documentation shall include mapping indicating all
existing slopes in excess of 10%.
[4]
Soils and geology: a description of the soils
and underlying geology of the subject property, based upon actual
field study or the Hunterdon County Soil Survey and appropriate geologic
map. Included in this section shall be a suitability analysis of the
identified soils and information regarding depth to bedrock, water
table and other development constraints such as sink holes, subterranean
caverns, aquifers, etc. In particular, hydric soils shall be so identified.
[5]
Hydrology: a description of the existing hydrological
characteristics of the property and surroundings. This shall include
identification of all watercourses, ponds or lakes located on the
subject property and within 200 feet of the subject property or which
may be affected by the proposed development. All floodplains and/or
New Jersey Department of Environmental Protection -- approved freshwater
wetland boundaries, including but not limited to transition areas
and buffer requirements, shall be accurately delineated and described.
[6]
Vegetation: a description of the existing vegetation
found on the subject property, including identification of species,
size and quality, Significant trees (over 12 inches in caliper) or
any endangered or rare plant species shall be identified and described
in detail. Where the site may include freshwater wetland species,
a complete wetland inventory and delineation should be performed by
a qualified expert and approved by the New Jersey Department of Environmental
Protection.
[7]
Fish and wildlife: a listing of all fish and
wildlife species observed on the subject property and which may find
suitable habitat thereon. In addition, all endangered, threatened,
peripheral, declining, undetermined and extirpated species which have
been sighted or otherwise known to exist in the region shall be identified.
At the discretion of the Board, the applicant may be required to submit
documentation from the New Jersey Natural Heritage Program regarding
confirmed sightings of these species in the vicinity of the subject
property.
[8]
History and archaeology: a description of the
history of the subject property and any known archaeological findings
on or in the vicinity of the subject property. This shall include
a listing and location of the nearest sites of historical significance,
including any listed by the National Register of Historic Places.
[9]
Visual character: a description of the visual
character of the property and surrounding area, including its architecture.
[10]
Noise: a statement as to the ambient noise levels
and their sources at the subject property. Documentation shall include
the results of actual on-site sampling.
[11]
Traffic: a description of the existing vehicular
and pedestrian circulation systems on or in the vicinity of the subject
property. The requirements of this item may be fulfilled in a separate
traffic study if incorporated into the appendix of the EIS.
[12]
Quality of fill and subsurface structures: a
statement outlining the quality of fill at the subject property as
well as an express delineation on an attached map of the location
of any and all subsurface structures, including but not limited to
fuel tanks and any other such structures on the site.
(d)
Statement of environmental impact of project:
a detailed description of the potential impact (positive or negative)
of the proposed project on each of the following:
[1]
Water quality: a description of the sources
of potential impact on the quality of the natural water supply resulting
from the proposed project.
[2]
Air quality: a description of the sources of
potential impact on the quality of air resulting from the proposed
project.
[3]
Water supply:
[a]
A statement of possible impact
on the water quality of the locality and region. Documentation supporting
the estimate of impact shall be included.
[b]
A statement as to the projected
potable water demand of the proposes project and confirmation that
adequate supply is available. A will-serve letter from the Town of
Clinton Water Department shall be included in the project EIS.
[4]
Topography: a description of the proposed topographic
changes to the property as a result of the project and identification
of any disturbance to all slopes in excess of 10%.
[5]
Soils and geology: a description of what steps
are to be taken during design or construction of the proposed project
to accommodate the specific limitations of the soils and geology found
on the property.
[6]
Hydrology: a description of the proposed stormwater
management plan of the project, including a statement as to the potential
for groundwater recharge.
[7]
Vegetation: an analysis of the changes in vegetative
characteristics resulting from the proposed project. This section
shall include a statement as to the disposition of any and all significant
trees on the property and a description of all methods to be employed
to preserve and protect trees or other vegetation designated to remain.
[8]
Fish and wildlife: a statement of projected
impact on the existing fish and wildlife populations.
[9]
History and archaeology. A statement of adverse
impact on the historical significance of the area and on specific
historical and/or archaeological sites.
[10]
Visual character: an objective view of whether
or to what extent the proposed project will adversely affect the visual
character of the area, including the architecture.
[11]
Noise: an analysis of potential impact on the
ambient noise levels of the area. If the proposed use or uses is expected
to generate noise which may be in excess of existing conditions, a
projected level shall be determined. This shall be supported by data
from the Environmental Protection Agency (EPA), Department of Environmental
Protection (DEP) or other credible sources.
[12]
Traffic: a detailed description of the proposed
vehicular and pedestrian circulation systems and a comprehensive analysis
of the impact of the proposed project on the existing systems. The
requirements of this item may be fulfilled in a separate traffic study
if incorporated into the appendix of the EIS.
[13]
Wastewater treatment and disposal: This shall
include an estimate of wastewater flows generated by the proposed
project. A will-serve letter from the Town of Clinton Sewer Department
shall be included in the project EIS.
[14]
Solid waste: an estimate of the volume of solid
waste to be generated by the proposed project and what special disposal
needs are necessitated by the specific nature of its use or uses.
Specific plans to address solid waste recycling shall be included.
[15]
Hazardous waste: Any anticipated toxic or otherwise
dangerous or hazardous waste (which may take the form of solids, liquids,
gases, dust, etc.) resulting from the construction or operation of
the proposed project shall be clearly identified.
[16]
Artificial light: a description of the artificial
light produced by the proposed project, and its anticipated effects
on surrounding areas.
(e)
Economic impact: a statement of the potential
impact of the proposed development on the local economy, public services,
schools, displacement of population, etc.
(f)
Unavoidable adverse impacts: a complete and
detailed listing of all environmental elements adversely impacted
by the proposed project.
(g)
Mitigation of potential environmental impacts:
a detailed description of all steps which may be employed before,
during and after construction to minimize the adverse impacts of the
proposed project. This shall include specific references to recommendations
of the New Jersey Department of Environmental Protection and Hunterdon
County Soil Conservation District.
(h)
Project alternatives: a description of feasible
alternatives to the proposed project, based upon current zoning.
(i)
Project approvals: an itemization of all applicable
local, county, state and federal approvals, permits, licenses, etc.,
required for the proposed project and the current status of each.
(j)
Conclusions: a summary of the potential environmental
impact of the proposed project on the subject property, the area and
the region.
(k)
Bibliography: a listing of all sources of information
or references used in the preparation of the EIS.
(l)
Appendix: miscellaneous supporting documents,
charts, graphs and related material. This may include detailed studies
(which may have been prepared by others) addressing any of the required
categories of study and which may supplement the contents of the basic
EIS.
In the case of a planned development, such as
a multifamily housing development, the developer shall, where appropriate
to the form of dwelling unit ownership, provide for an organization
for the ownership and maintenance of any open space for the benefit
of owners or residents of the development.
A.
Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space without first offering to dedicate the same to the Town.
B.
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the governing
body may serve written notice upon such organization or upon the owners
of the development, setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the governing body may modify the terms of the original
notice as to deficiencies and may give a reasonable extension of time,
not to exceed 65 days, within which they shall be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within said 35 days or any permitted extension thereof,
the governing body, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
governing body shall upon its initiative or upon the request of the
organization theretofore responsible for the maintenance of the open
space, call a public hearing upon 15 days' written notice to such
organization and to the owners of the development, to be held by the
governing body, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the municipality
shall not, at the election of the municipality, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the governing body shall determine such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination, and in each year thereafter. The decision
of the governing body in any such case shall constitute a final administrative
decision subject to judicial review.
C.
The cost of such maintenance by the municipality shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space, in accordance with
assessed value at the time of imposition of the lien, and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
[Amended 12-10-2013 by Ord. No. 13-20]
The Land Use Board, when acting upon applications
for preliminary or minor subdivision approval or for preliminary site
plan approval, shall have the power to grant such exceptions from
the requirements for approval as may be reasonable and within the
general purpose and intent of the provisions herein, if the literal
enforcement of one or more provisions herein is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
A.
If, before final subdivision approval has been granted,
any person transfers or sells, except pursuant to an agreement expressly
conditioned on final subdivision approval, as owner or agent, any
land which forms a part of a subdivision, such person shall be subject
to a penalty not to exceed $1,000, and each lot disposition so made
may be deemed a separate violation.
B.
In addition to the foregoing, the Town may institute
and maintain a civil action for injunctive relief and to set aside
and invalidate any conveyance made pursuant to such a contract of
sale if a certificate of compliance has not been issued in accordance
with Section 44 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-56).
C.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his assignee or successors to secure the return of any deposits
made or purchase price paid and, also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years if
unrecorded.
[Amended 12-10-2013 by Ord. No. 13-20]
A.
General.
(1)
The entire street right-of-way shall be cleared of
all brush and trees except where the Shade Tree Commission indicates
that certain trees may remain. The materials and methods of construction
shall be in accordance with the requirements set forth in the New
Jersey Department of Transportation Standard Specifications for Road
and Bridge Construction, latest edition and as supplemented, and the
Town of Clinton Standard Construction Standards, on file with the
Public Works/Business Administrator and Town Engineer.
[Amended 9-13-1988 by Ord. No. 88-12; 12-12-1995 by Ord. No. 95-16]
(2)
Pavement specifications.
(a)
The minimum compacted thickness of bituminous
pavement shall be as follows:
|
Minimum Thickness
(inches)
| |||
|---|---|---|---|
|
Type of Street
|
Bituminous Stabilized Base Course
|
Bituminous Concrete Surface Courses
(FABC)
| |
|
Minor
|
5
|
2
| |
|
Arterial and collector
|
6
|
2
| |
(b)
When subsurface conditions indicate the need
of subbase material under the bituminous pavement, the developer shall
submit to the Town Engineer for his approval the thicknesses of bituminous
pavement and subbase to be used.
(c)
The minimum width of bituminous pavement shall
be as follows:
|
Type of Street
|
Minimum Width
(feet)
| |
|---|---|---|
|
Minor
|
30
| |
|
Arterial and collector
|
As shown on the Master Plan of the Town
|
(d)
A minimum period of six months shall elapse
between the placement of the bituminous stabilized base course and
FABC surface course.
B.
Subgrade.
(1)
All boulders, clay balls, organic matter, tree trunks,
spongy soil and other objectionable material shall be removed and
replaced by material approved by the Town Engineer.
(2)
Roadway excavation.
(a)
Unless otherwise specially provided, all roadway
excavation will be considered unclassified. Roadway excavation shall
include the transportation of the material excavated and the disposal
of surplus material in a manner and at a location satisfactory to
the Town Engineer.
(b)
Roadway excavation shall be carried to the lines,
grades and slopes shown on the plans or as directed by the Town Engineer.
All materials shall be removed within the prescribed neat lines of
excavation.
(c)
Rock slopes shall be finished to a uniform surface,
and pieces or rock which are loose or may become loose shall be removed.
Earth slopes and other surfaces shall be smooth and have a neat finish.
(d)
Roadway excavation shall be carried out in such
a manner that the subgrade is kept well drained at all times.
(3)
Embankment. Embankment shall be constructed from excavated
material in a manner and at locations indicated upon the plans or
as directed by the Engineer.
(4)
Soil test.
(a)
Soil in the road subgrade shall be tested and
classified in accordance with the American Association of State Highway
Officials' classification for soils.
(b)
Soils having the general classification are
approved for the construction of the standard thicknesses mentioned
herein.
(c)
The select material for sub grade where required
shall be approved bank-run sand and gravel, quarry strippings or other
suitable material of similar structural characteristics as approved
by the Town Engineer.
(5)
Preparing subgrade.
(a)
The subgrade shall be formed to the required
lines, grades and cross sections. The preparing of the subgrade shall
not be commenced until all underlying drains and other subsurface
structures have been constructed and their trenches have been properly
backfilled and consolidated.
(b)
The subgrade shall be properly shaped, rolled
and uniformly compacted with a ten-ton roller so as to conform with
the lines, grades and typical cross sections of this specifications
and the approved final plat profile drawings.
(c)
The subgrade shall be shaped and consolidated
by rolling with a three-wheel roller, weighing not less than 10 tons,
until it presents a firm and unyielding surface. In places where a
roller cannot be used, it shall be thoroughly tamped and rammed with
a hand tamp weighing not less than 50 pounds.
(d)
The subgrade shall be maintained in a satisfactory
condition and properly drained until the pavement or pavement foundation
is placed thereon.
(e)
Pavement mixtures shall not be deposited on
the subgrade until it is properly finished to the satisfaction of
the Engineer, nor when it is wet or frozen.
(6)
No cuts and fills with side slopes steeper than one
on three will be permitted except when this provision is specifically
waived by the Town Engineer.
C.
Subbase. The materials and methods of construction
for the various types of subbase shall be as described in the New
Jersey Department of Transportation Standard Specifications of 1961
and their current supplementals.
D.
Bituminous stabilized base course. The materials and
methods of construction for the base course shall be as described
in Articles 3.2A.1 through 3.2A.4 of New Jersey Department of Transportation
Standard Specifications of 1961 and their current supplementals.
(1)
Soil aggregates shall be natural or prepared mixtures
consisting predominantly of hard, durable particles of stone, sand
and stone dust so combined that they will produce mixtures conforming
to the gradation requirements specified herein.
|
Sieve Size
|
Percent by Dry Weight Passing Sieve
| |
|---|---|---|
|
1 1/2
|
100
| |
|
3/4
|
55-90
| |
|
No. 4
|
25-60
| |
|
No. 10
|
20-50
| |
|
No. 40
|
15-30
| |
|
No. 200
|
5-20
|
(2)
Where specified, the contractor shall furnish and
lay a bituminous stabilized base course in the following manner:
(a)
The material shall leave the plant at a temperature
sufficient for workability under prevailing conditions. However, the
temperature of the mixture when laid down shall not be less than 250°
F. The material should be laid in one compacted five-inch lift using
a paving machine.
(b)
The base course shall be compacted in the following
manner: initial rolling will be done with a three-wheel ten-ton or
three-wheel tandem twenty-ton roller operating immediately in back
of the spreader. The second, third and final rolling will be performed
with a two- or three-wheel tandem roller until the mixture is thoroughly
compacted to the satisfaction of the Town Engineer. Immediately upon
completion of the base course, "donuts" of the same material as the
base course shall be placed around manholes, catch basin, waterline
valve boxes and all other necessary protrusions.
(c)
Traffic may be carried, if necessary, on the
base course for the minimum time necessary to maintain traffic control.
The contractor shall be responsible for the maintenance of the base
at all times while it is exposed to traffic.
(d)
Immediately prior to construction of subsequent
pavement surface thereon, the base course shall be cleaned of all
loose and foreign materials and all damaged areas shall be repaired
to the satisfaction of the Town Engineer and the tack coat applied.
(e)
The standard street construction for all developments
shall be a minimum of seven inches compacted thickness, five inches
of stabilized base course and two inches of surface course.
(3)
A tack coat shall be applied to the bituminous stabilized
base course if, in the opinion of the Engineer, such layer becomes
coated with dust, dirt or other foreign material sufficiently to prevent
a good bond between the completed base course and the surface base
course.
E.
Bituminous concrete surface course (FABC). The materials
and methods of construction for the surface course shall be as described
in the New Jersey Department of Transportation Standard Specifications
of 1961 and their current supplementals. The surface of the base course
shall be clean, free from frost, foreign material and leaves and dry
when paving operations are to start and shall be maintained in that
condition. Bituminous concrete mix, Mix No. 5, or an approved equal
shall conform to the requirement of New Jersey Department of Transportation
Standard Specifications of 1961, including the materials, mixing,
transportation and all other phases of construction, including Addenda
A. The bituminous concrete mix shall have a uniform minimum depth
of two inches unless a change in thickness is approved and authorized
by the Town Engineer. Four-inch-diameter core borings shall be taken
by a certified testing laboratory and examined, tested, etc., by this
laboratory, and its report shall be sent directly to the Town of Clinton.
The borings shall be taken one every 1,000 square yards of finished
paving with a minimum of three. Location of the borings shall be designated
by the Town Engineer. The laboratory shall perform the following tests
as a minimum:
F.
Curbs, underdrains and crowns.
(1)
Pavement crown shall be 3/8 inch per foot.
(2)
Curbs shall be constructed of Belgian blocks in residential
developments and concrete in industrial developments, and underdrains
will be required where the Town Engineer deems necessary, all in accordance
with Town standards.
(3)
Curbs shall be so placed that the elevation of the
top conforms to the following:
(a)
On roads which have thirty-foot paving, the
curb top shall be level with the elevation of the road at the center
line.
(b)
Where the paved width is 40 feet, the curb top
shall be one inch below the elevation of the road at the center line.
(c)
Where the paved width is 44 feet or greater,
the curb top shall be 1 1/2 inches below the road at the center
line.
(4)
Excavation shall be made to the depth as required
by these specifications and drawings. The base shall be a firm, even
surface. Where the curb is to rest on fill, this fill shall be thoroughly
compacted.
(5)
Curb forms' shall be set true to line and grade and
held rigidly in place. The form surface shall be such as to permit
a smooth, even surface of neat appearance.
(6)
Concrete shall be portland cement concrete with an
ultimate strength of 3,000 pounds per square inch and a slump of less
than four inches. The concrete shall be placed on a moist but not
muddy base. No concrete shall be placed in temperatures below 32°
F.
(7)
Expansion joints shall be placed at a maximum distance
of 20 feet apart on straight runs and on curves whose radius exceeds
200 feet and elsewhere as the Township Engineer may direct. The expansion
joint material shall be 1/2 inch thick and will conform to the size
and cross section of the curb except that it shall set back 1/2 inch
from the top and front faces of the curb.
(8)
The concrete curb shall be protected and kept in first-class
condition throughout the construction period of the entire subdivision
or until it is accepted by the Town Engineer.
G.
Sidewalks.
[Amended 9-13-1988 by Ord. No. 88-12]
(1)
Concrete sidewalks shall, in general, be built parallel to street lines and five feet from the face of the curb. The provisions of § 88-49F(7) will apply to sidewalk construction.
(2)
The finished walk shall be scored so as to form squares,
and expansion joints 1/2 inch thick shall be provided at intervals
not to exceed 20 feet. Sidewalks shall be placed on a subbase of pea
gravel or cinders, four inches' compacted thickness.
H.
Driveways and parking areas.
(1)
Driveways shall be paved with bituminous concrete
surface course (FABC) placed on a minimum of six inches of compacted
gravel base course. The surface course shall have a minimum compacted
thickness of two inches.
(2)
Depressed curb at driveways shall project 1 1/2
inches above the top of the bituminous surface course. The transition
from the full height of the curb to the one-and-one-half-inch-high
curb shall be a smooth one.
A.
Drainage design criteria.
(1)
The calculation of runoff rates for use in the design
of the storm drainage system shall be by the rational method. For
stream flow for areas of more than one square mile (640 acres), runoff
shall be determined by the use of Special Report No. 38 entitled "Magnitude
and Frequency of Floods in New Jersey with Effects of Urbanization,"
issued by the State of New Jersey Department of Environmental Protection,
Division of Water Resources.
(a)
Storm drainage systems draining local streets
shall be designed to accommodate a fifteen-year storm frequency.
(b)
Major stream modifications or special problem
areas of local systems may, at the Town Engineer's discretion, be
designed for twenty-five- , fifty- or one-hundred-year storm frequencies.
(c)
All calculation methods and criteria shall be
reviewed and approved by the Town Engineer.
(2)
The design capacity of storm drain pipes and conduits
shall be determined by use of Manning's Equation.
(a)
Design velocities in pipes must be a minimum
of three feet per second to allow self-cleaning and a maximum of 15
feet per second to prevent scouring of pipes, manholes and inlets
and erosion at points of discharge.
(b)
Reinforced concrete pipes shall be used for
all storm sewer systems.
(c)
All pipes shall be a minimum of 15 inches in
diameter.
(3)
Each road shall have at least one stormwater drain
pipe with inlets on both sides of the street spaced to efficiently
intercept stormwater so as to allow no gutter ponding greater than
three feet into the street during peak runoff periods. Each cul-de-sac
shall have at least two inlets to remove storm-water. Each major low
point along streets shall have double inlets. Inlets shall be placed
and provisions shall be made so as to receive pipes from each dwelling
for sump-pump water discharge.
(4)
Where necessary, manholes may be incorporated into
the drainage system. All drainage structures shall be placed wherever
storm drain pipes intercept branch lines, change alignment, change
grade and where pipe sizes are increased. These drainage structures
shall have sufficient depth to prevent overflow due to energy losses
or change in flow directions.
(5)
Interception of streams, brooks and ditches.
(a)
Where existing streams are intercepted by a
drainage system, headwalls shall be constructed with flared wingwalls
and splash pad. On the downstream or discharge end of a drainage system,
a headwall of similar configuration shall be constructed.
(b)
When designing the upstream end of the system,
the inlet shall be designed to intercept all stream flow for the selected
storm frequency with an allowable headwater elevation at least one
foot below the top of the headwall, with no water to flow by the headwall.
(c)
When the system discharges into a brook or ditch,
it shall be designed to conform to Manning's Formula. Velocities for
earth ditches shall not exceed four feet per second.
(d)
Side slopes for earth ditches shall not be steeper
than two to one.
B.
General provisions: utility and drainage pipe installation.
(1)
All storm drain pipes starting or terminating in an
open channel shall have suitable headwalls.
(2)
All pipes shall be laid on undisturbed subgrade with
a full, firm and even bearing. When material at the bottom of the
trench is found to be soft or otherwise unsuitable, it shall be removed
to such depth as the Town Engineer may require and space backfilled
and compacted proper to grade with a suitable granular material. Rocks
and boulders in the excavation for all pipes shall be removed within
eight inches of the outside surface of the barrel of the pipes at
the bottom and sides. The space excavated below the pipe shall be
filled with suitable fine material and shall be compacted with mechanical
or vibratory soil compactors so that it is uniformly dense and firm.
The bottom of the trenches prepared as above specified shall conform
to the grades of the bottoms of pipes or structures and shall be recessed
for pipe bells, collars, connectors, etc.
(3)
Backfill and compaction of storm drain pipe trenches
shall be as follows: Backfill from the bottom of the trench to a height
two feet above the top of the pipes shall be screened gravel and/or
suitable granular material and shall be placed in lifts of not more
than six inches with each lift compacted with approved flat-faced
mechanical tampers. Backfill more than two feet above the top of pipes
shall be by approved vibratory soil compactors if the backfill material
is preponderantly sand or sand and gravel but contains more than 12%
by weight of material that will pass the No. 200 sieve or by approved
vibratory compactors or flat-faced mechanical tampers if the material
is preponderantly sand or sand and gravel and contains not more than
12% by weight of material that will pass the No. 200 sieve. Puddling
of backfill material will not be allowed.
(4)
All storm drain pipes, sanitary sewers and waterlines
shall be extended to the end of each road or to the boundary lines
of the subdivision in the event that a road terminates in a cul-de-sac.
(5)
All sanitary sewers shall be inspected at the subdivider's
own cost and expense by means of a traveling camera or other device
previously approved by the Town Engineer, with a film to be made of
the entire length of every pipeline. Any damages or defects revealed
by this inspection shall be promptly repaired and reinspected by means
of the camera or other device previously approved by the Town Engineer
until an acceptable line has been proven to the Town Engineer. After
each inspection, all film shall be made available to the Town Engineer,
with at least one print of such film to be retained by the Town of
Clinton and to become the property of the Town.
(6)
Stormwater retention basins shall be provided, whenever
feasible, where there is no available outlet for stormwater or where
the available outlets are inadequate. Retention basin design shall
be based on design criteria established by the Town Engineer. The
outflow from the retention basin shall be limited to or less than
the runoff rate prior to development.
(7)
All storm sewer, sanitary sewer or water main pipe
shall be inspected by the Town Engineer prior to backfilling of the
trench. The Town Engineer must be notified of all construction operation
schedules so that proper inspection can be made prior to backfill
of any trenches.
