A. Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1) Proof of payment of any outstanding real estate taxes [Added 6-11-1985 by Ord. No. 2329-85]
(2) Application for final Ocean County Planning Board approval.
(3) Application for final Dover Sewerage Authority approval.
(4) Application for a land disturbance permit.
(5) Application for Bureau of Fire Prevention approval.
(6) Application for a tree removal permit, where required.
(7) Traffic Safety Officer's report, where required.
(8) Application for municipal and/or state wetlands approval, where required.
(9) Application for a floodplain encroachment permit, where required.
(10) Application for a stream encroachment permit, where required.
(11) Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(12) Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(13) Required application fees.
(14) Ten copies of a plat and attachments meeting the requirements set forth below. [Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
(15) Two copies of a survey plat of the property in question prepared within 12 months of the application submission date. The copies shall include the signature and embossed seal of the professional land surveyor responsible for preparation of' the survey. [Added 12-9-2003 by Ord. No. 3843-03]
B. Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat - Major Site Plan."
C. Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board, prior to signing of the plat or issuance of a development permit:
(1) Proof of payment of any outstanding real estate taxes, [Added 4-11-1990 by Ord. No. 2729-90]
(2) Submission of additional permits of the plat map and attachments for distribution, if required.
(3) Publication of a notice of the decision by the applicant.
(4) Final Ocean County Planning Board approval, if not previously obtained.
(5) Final Dover Sewerage Authority approval, if not previously obtained.
(6) Payment of required reproduction fees.
(7) Issuance of land disturbance permit, if not previously obtained.
(8) Bureau of Fire Prevention approval, if not previously obtained.
(9) Issuance of tree removal permit, if required and not previously obtained.
(10) Granting of state or municipal wetlands permit, if required.
(11) Granting of a floodplain permit, if required.
(12) Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
(13) Granting of a Coastal Area Facility Review Act permit, where required.
(14) Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
(15) Approval of any required riparian grants or licenses.
(16) Granting of any required construction permits.
(17) Posting of required performance guaranties.
(18) Payment of required inspection fees.
(19) 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 developer or his agents, contractors or employees in the implementing of the approved site plan. 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. [Amended 5-22-1984 by Ord. No. 2244-84]
(20) Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(21) The approval of a final plat major site plan shall expire two years after the date of approval or such further time as extended by the Planning Board if a building permit or, where a building permit is not required, a certificate of occupancy has not been obtained. [Added 5-13-1992 by Ord. No. 2911-92]
D. Certification. In the event that the application for development for a final plat of a major site plan 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 after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in
E. Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and
A. Required documents. In cases where a proposed exempt development requires Board of Adjustment action on an application for development for either the granting of a variance pursuant to N.J.S.A. 40:55D-70 or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, prior to issuance of a certificate of completeness or scheduling of the application for development for public hearing before the Board of Adjustment, the Administrative Officer shall determine that the following have been submitted in proper form:
(1) Required application fees.
(2) Three copies of a plot plan/survey prepared by a licensed professional sanctioned pursuant to state regulations and updated to reflect conditions as they exist on the date of the application, including a certification as to accuracy. For applications for a variance or direction to issue a building permit, said plot plan must be based upon a survey dated within six months of submission of the application. [Amended 2-9-1982 by Ord. No. 2068; 9-24-1996 by Ord. No. 3196-96]
(3) Three copies of an area map showing the tax lot and block numbers of all properties located within 200 feet of the property for which the application is being made. [Amended 2-9-1982 by Ord. No. 2068]
(4) Any other documents which the Board of Adjustment may request.
B. Conditions of approval. Any approval of an application for development by the Board of Adjustment or issuance of a development permit under this section shall be subject to the following:
(1) The applicant obtaining a building permit, or certificate of occupancy where a building permit is not required, within a period of time specified by the Board of Adjustment. The approval shall expire and the development permit shall become invalid if the required permit is not obtained within the specified period.
(2) Any other conditions which the Board of Adjustment may impose.
(3) Proof of payment of any outstanding real estate taxes. [Added 4-11-1990 by Ord. No. 2729-90]
All applicants seeking preliminary major subdivision approval to create single-family residential lots shall be required to provide for active and passive recreational areas and facilities within the subject property of the proposed subdivision in accordance with the following standards:
A. Reservation of recreational lands.
(1) All applicants shall reserve an area equal to 5% of the overall tract area for active and passive recreational needs of the future residents of the proposed subdivision.
(2) The area so reserved shall consist of contiguous lands; the exact location and configuration thereof to be approved by the Board.
(3) At least 50% of the reserved tract area shall be devoted to active recreational uses, including but not limited to children's playground, athletic fields, bocce courts, tennis courts and other similar facilities.
(4) The remaining portion of the reserved recreational area may be devoted to passive recreational uses, including but not limited to nature trails, dedicated open space and animal/bird sanctuaries.
(5) All reserved recreation areas shall be outside any established wetland or wetland buffer areas and/or areas of steep slopes, except that 50% of the area to be reserved for passive recreation may consist of such lands.
B. Construction provision of active recreation facilities. As a condition of any approval, the applicant shall construct and/or provide all proposed recreational facilities within the areas reserved for active recreation. These facilities shall be a bondable item and shall be included within applicant's performance guarantees following approval.
C. Recreation plan. At the time of submission of the application for preliminary major subdivision approval, the applicant shall be required to submit a recreation plan to show the location and configuration of the reserved recreation area, together with the location and specifications of the proposed facilities to be constructed therein. Said plan is to be prepared by a New Jersey licensed engineer, land surveyor or landscape architect. The submission of said plan shall be required prior to the application being deemed complete in accordance with N.J.S.A. 40:55D-10.3, unless a waiver is sought by the applicant and approved by the Board in accordance with Subsection E(1) below.
D. Ownership/maintenance of reserved recreation area.
(1) As a condition of approval, the applicant shall establish a homeowners' association, which shall consist of the record owners of all residential lots within the proposed subdivision. Said homeowners' association shall be responsible for the future maintenance and repair of the reserved recreational areas and facilities located therein. Prior to the signing of the preliminary subdivision plat, the applicant shall deliver copies of the proposed articles of incorporation and bylaws of said association for review and approval by the Board Attorney. Said documents shall establish the right of the municipality to enforce the obligation of the future homeowners to maintain and repair the reserved recreation area and facilities by instituting the appropriate legal proceeding and shall also provide assessment powers to the municipality. The applicant shall also prepare and record a deed restriction outlining the obligations of the homeowners' association prior to conveyance of any lot within the subdivision and further shall provide a point of sale disclosure of the same to all prospective purchasers within the subdivision.
(2) As an alternative to the establishment of a homeowners association, the applicant may dedicate the reserved recreation area to the Township of Dover upon payment of a fee equal to $750 per residential unit approved. This dedication shall occur following the filing of the final subdivision plat with the Ocean County Clerk or upon the construction, inspection and approval of the required recreational facilities within the reserved recreation area, whichever shall occur last.
E. Contribution in lieu of reservation.
(1) The Board may grant a waiver of the required reservation of recreational lands pursuant to this chapter only upon the applicant's agreement to pay a contribution in lieu thereof equal to $1,500 per residential unit approved within the subdivision.
(2) All payments made by applicants pursuant to Subsection D(2) or E(I) of this section shall be deposited into the Township's Special Recreation Trust Account, which funds shall be used to further the active and/or passive recreational needs of Dover Township and its residents.
