In all zones, for all proposed uses, subdivision, site development or construction, other than an exempt development, site plan and/or subdivision approval shall be required prior to:
A. Subdivision of land.
B. Issuance of a development permit.
C. The issuance of a building permit for any new structure or for any addition to or alteration of an existing structure other than single-family or two-family detached dwellings on individual lots. [Amended 12-26-1990 by Ord. No. 2780-90]
D. Any change of use of land or structure to a use for which any of the standards of this chapter are more restrictive, or stringent or which requires parking and/or storage space for vehicles larger than passenger automobiles or increases the number of vehicles larger than passenger automobiles to be stored on the site. [Amended 12-26-1990 by Ord. No. 2780-90]
E. Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
F. The construction or alteration of any public facility, structure or building for which referral to the Planning Board for review and recommendation is required by N.J.S.A. 40:55D-31.
G. The construction or alteration of or addition to any off-street parking area which provides an increase of five or more vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of the adoption of this chapter. [Amended 12-26-1990 by Ord. No. 2780-90]
H. Interior alterations which increase the required number of off-street parking spaces. [Added 12-26-1990 by Ord. No. 27811-90]
I. Construction or installation of underground facilities which alter the general use, appearance or grade of the site. [Added 12-26-1990 by Ord. No. 2780-90]
J. Home professional offices of 500 square feet or more. [Added 12-26-1990 by Ord. No. 2780-90]
K. Alteration of any parking area, entrance and/or exit drive, buffer area or other site improvement in conjunction with or subsequent to any condemnation or taking proceeding. [Added 5-13-1992 by Ord. No. 2911-92]
L. The bulk storage of materials, equipment or goods on any parcel of land. [Added 9-24-1996 by Ord. No. 3196-96]
M. The issuance of the first automobile, boat or other vehicle/trailer sales license on any parcel of land. [Added 12-9-2003 by Ord. No. 3843-03]
A. Application shall first be made to the Administrative Officer for issuance of a development permit by any person wishing to undertake any of tile following:
(1) Subdivision of land.
(3) Add to or structurally alter any existing building.
(4) Change the use on any land or within any building or structure.
(5) Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
(6) Construct, add to or alter any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.
(7) Alter the existing condition of any parcel of land.
(8) Erect a tent pursuant to the provisions of this chapter. [Added 4-11-1990 by Ord. No. 2729-90]
(9) Change in lot size in conjunction with or subsequent to any condemnation or taking proceeding. [Added 5-13-1992 by Ord. No. 2911-92]
(10) The bulk storage of materials, equipment or goods on any parcel of land. [Added 9-24-199( by Ord. No. 3196-96]
B. If the Administrative Officer shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291 (Municipal Land Use Law), he shall issue a development permit, and the applicant may then apply for a building permit and/or other permits that may be required.
C. If the Administrative Officer shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to Section 25 or 27 of P.L. 1975, c. 291, he shall instruct the applicant that Board of Adjustment approval of an application for development for variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
D. If the Administrative Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:
(1) Site plan.
(2) Subdivision.
(3) Variance.
(4) Conditional use.
(5) Direction for issuance of a building permit.
E. The Planning Board or Board of Adjustment shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that it hears and acts upon a minor subdivision, minor site plan, preliminary plat of a major subdivision or a preliminary plat of a major site plan. No such action shall be taken simultaneously with any action on a sketch plat of a major subdivision or major site plan. Such simultaneous action shall not be taken in conjunction with a final plat of a major subdivision or major site plan unless revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action.
Any person who desires to obtain approval of a site plan or subdivision may request to be scheduled at a conference meeting of the Planning Board for an informal discussion of the proposed development. The purpose of the informal discussion shall be to establish general guidelines to be followed by the applicant in preparing the submission.
A. Submission requirements. All applications for development shall be submitted in triplicate and shall be accompanied by at least three copies of the required plat maps and supporting attachments, exhibits and information. Applications for development shall not be accepted by the Administrative Officer unless they are accompanied by the required fees as set forth in Article 111, § 348-3.4, of this chapter. [Amended 2-9-1982 by Ord. No. 2068]
B. Administrative review. Upon receipt of an application for development, the Administrative Officer shall review the application for compliance with submission requirements, plat details and supporting exhibits and information. Upon completion of his review, the Administrative Officer shall also, upon receipt of an application for development for a site plan, subdivision and/or conditional use, forward one copy each of the application, plat and attachments to the Township Engineer and Dover Township Environmental Commission and one copy of the application and one copy of the plat and attachments to the Planning Board Engineer or Board of Adjustment Engineer (where application has been made for variance to allow a use or structure in a district restricted against such use or structure). [Amended 2-9-1982 by Ord. No. 2068]
C. Engineering review. The Township Engineer and the Planning Board Engineer or Board of Adjustment Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Administrative Officer and the applicant of any technical deficiencies, required changes and/or recommended changes. Five copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative Officer for further review.
D. Certificate of completeness. When all submission requirements have been fulfilled and, in the case of site plans, subdivisions and conditional uses, when reports have been received from the Township Engineer and the Planning Board Engineer or Board of Adjustment Engineer that the plans and attachments submitted are in technical compliance, the Administrative Officer shall issue a certificate of completeness and schedule the application for development for consideration by the Classification Committee or for public hearing before the Planning Board or Board of Adjustment.
E. Conditional approvals.
(1) After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article III of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(2) If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Administrative Officer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article III, § 348-3.4, of this chapter.
F. Planning Board action. In acting upon an application for development for a subdivision or site plan, the Planning Board shall consider whether the submittal complies to the following standards and regulations:
(1) The proposed use is consistent with the Master Plan.
(2) The plat submission contains all of the information and data required by this chapter.
(3) The details and improvement standards of the plat are in accord with the standards of this chapter.
(4) Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
(5) Adequate provision is made for safe and convenient pedestrian circulation.
(6) Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
(7) Adequate provision has been made for the collection and disposal of stormwater runoff and the proposed drainage facilities have been approved by the Township Engineer.
(8) Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
(9) Adequate provision has been made for compliance with the performance standards of this chapter.
(10) Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.
(11) The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.
(12) Access to the proposed development conforms to the standards of the State Highway Access Management Code adopted by the Commission of Transportation under Section 3c of the State Highway Access Management Act, P.L. 1989, c. 32, N.J.S.A. 27:7-91, in the case of a state highway or with the standards of any access management code adopted by the county or Township. [Added 8-14-1991 by Ord. No. 2848-91]
G. Reproduction fee and issuance of development permit. Approvals of all applications for development shall not be valid until all of the following have taken place:
(1) The Administrative Officer shall certify that all conditions of approval have been satisfied.
(2) In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for the signature of the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment and, in the case of minor subdivisions or final plats of major subdivisions, the Township Engineer.
(3) In the case of applications for development for site plans and subdivisions, the applicant shall pay a reproduction fee equal to $3 per sheet of the plat and attachments, except that the minimum fee shall be $5.
(4) The Administrative Officer shall cause three copies of the signed plat and attachments to be reproduced. One copy shall be retained in the files of the Administrative Officer, one copy shall be retained in the files of the Township Engineer and one copy shall be retained in the files of the Board's Engineer.
(5) After signature and reproduction, the Administrative Officer shall return the reproducible original of the plat and attachments to the applicant.
(6) For all applications for development that receive minor or final plat approval, the Administrative Officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to sketch or preliminary plats become valid shall be the date on which the plat is signed by the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted the approval.
A. Required documents. Prior to the issuance of a certificate of completeness or scheduling of a minor subdivision for consideration by the Classification Committee, the Administrative Officer shall determine that the following has been submitted in proper form: [Amended 2-9-1982 by Ord. No. 2068]
(1) A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate should confirm that the owner of the premises in question is the owner as shown on the plat.
(2) Application for Final Ocean County Planning Board approval.
(3) Application for Dover Municipal Utilities Authority approval.
(4) Application for a floodplain encroachment, where required.
(5) Application for municipal and/or state wetlands approval, where required.
(6) Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(7) The application for development for a minor subdivision shall include a request for the granting of any variances required or other approval required from the Planning Board.
(8) Required application fees.
(9) Ten copies of a plat and attachments meeting the requirements set forth below. [Amended 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. Plat requirements.
(1) General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified below:
(a) All dimensions, both linear and angular, of the exterior boundaries of the subdivision. All lots and lands reserved or dedicated for public use shall balance and their descriptions shall close within a limit of error of not more than one part in 10,000.
(b) The minor subdivision shall be based upon a current boundary survey certified to by the subdivider and prepared or recertified not less than 12 months prior to the date of application.
(2) Title block. The title block shall appear on all sheets and shall include:
(a) Title of "Minor Subdivision."
(b) Name of the subdivision, if any.
(c) Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d) Acreage of the tract being subdivided to the nearest tenth of an acre.
(e) Names and addresses of owner and subdivider so designated.
(f) Date of original and all revisions.
(g) Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map and made the survey. The plat shall bear the embossed seal of said engineer and/or land surveyor.
(3) Detailed information.
(a) A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision. [Amended 2-9-1982 by Ord. No. 211(81
(b) The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Dover, or of the municipality of which the property is a part.
(c) All zone boundaries and Tax Map sheet, lot and block numbers, existing streets and watercourses within 200 feet of the boundaries thereof, and both the width of the paving and the width of the right-of-way of each street, existing public easement and Township border within 200 feet of the subdivision.
(d) All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.
(e) All proposed public easements or rights-of-way and the purposes thereof.
(f) The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(g) All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.
(h) North arrow.
(i) Written and graphic scales.
(j) (Reserved)
(k) Proposed lot and block numbers approved by the Township Engineer.
(l) Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the application for classification and approval as a minor subdivision.
C. (Reserved)
D. (Reserved)
E. Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Classification Committee or the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:
(1) Installation of or posting of performance guaranties for the installation of any improvements required by the Planning Board.
(2) Proof of payment of any outstanding real estate taxes?2 [Added 6-11-1985 by Ord. No. 2329-85]
(3) Ocean County Planning Board approval, if not previously granted.
(4) Dover Sewerage Authority approval or waiver of sewer requirements, if not previously granted.
(5) Payment of the required reproduction fee.
(6) Submission of additional prints of the plat map and attachments for distribution, if required.
(7) Publication of a notice of the decision by the applicant.
(8) Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.
(9) When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Dover and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file. [Added 5-22-1984 by Ord. No. 2244-841
(10) Any minor subdivision approval shall expire unless the plat or deed describing the subdivision is filed as provided with the county recording officer within 190 days of the date of the resolution of approval or such further time in accordance with § 348-3.1J(1)(d) herein. [Added 5-13-1992 by Ord. No. 2911-92]
(11) Proof of filing of a developers agreement in the Ocean County Clerk's Office. Prior to filing, the developer must execute the agreement with the Township governing body to guarantee the installation of improvements. [Added 12-9-2003 by Ord. No. 3843-03]
F. Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form: [Amended 9-24-1996 by Ord. No. 3196-96]
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certifcation from the Administrative Officer that the conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant for filing.
G. Filing of approved plat. If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the county recording officer a deed or an approved minor subdivision plat, drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 190 days or such further time as provided in accordance with
