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ARTICLE XI SITE PLAN AND SUBDIVISION DESIGN AND PERFORMANCE STANDARDS
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§17:11-1.GENERAL IMPROVEMENT STANDARDS
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Unless the approving authority grants design waivers or exceptions, improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the approving authority and City Engineer and with all other applicable municipal, County, State and Federal regulations. Should improvements be required that are not provided for within the particular sections of this Chapter, they shall be designed and constructed in accordance with good planning and engineering practice and recognized design standards. The developer shall submit detailed design calculations and construction specifications where required. Prior to initiating such specialized design, the particular standards to be utilized shall be submitted for review by the approving authority and City Engineer.
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§17:11-2.GENERAL DESIGN STANDARDS
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A. All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the City. The site plan or subdivision shall conform to the proposals and conditions shown on the City's Official Map and Master Plan. The streets, drainage rights of way, school sites, public parks and playgrounds and other municipal facilities shown on the adopted Master Plan and Official Map shall be considered in the review of site plans and subdivision plats. Where the Master Plan or Official Map makes no provisions for streets and drainage rights-of-way, they shall be shown on the final plat as required by the approving authority, and shall be such as to lend themselves to the harmonious development of the City and the enhancement of the public welfare.
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B. Responsibility for design. Within the criteria established by and subject to the review and approval of the approving authority, the design of a site plan or subdivision is the responsibility of the applicant who shall bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design. The standards set forth in this Chapter shall be taken to be the minimum necessary to meet its purposes as set forth herein. The responsibility of the approving authority shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this chapter and the City Master Plan. The approving authority may employ professionals in various disciplines to advise and assist it in its determinations. Any decisions of the approving authority regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this Chapter, shall be deemed conclusive.
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C. Design data. To properly execute the design of a site plan or subdivision, it is anticipated that the applicant will obtain or cause to be obtained certain design data including, but not limited to, soil tests and analyses, environmental assessments, traffic studies and traffic projections, surveys, reports and similar design data. Any and all such data obtained by the applicant, or by others retained to complete the design, shall be made available to the approving authority and its employees and professional consultants, for the purpose of reviewing the proposed design. Should the approving authority determine that the design data submitted is not sufficient for the purpose of completing a full review of the proposal, it may request the applicant to provide such additional information as is deemed necessary. Until the applicant supplies information required by the checklist for completeness or the approving authority grants a submission waiver, no application under the provisions of this Chapter shall be deemed complete. Nothing contained herein shall be interpreted to prevent the approving authority from making or causing to be made such independent studies, calculations or other undertakings as it deems necessary in the review of any application for development.
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D. Design standards. When an applicant determines that it is necessary to utilize design standards other than those established herein, the applicant shall apply for a waiver from the approving authority. Any substitute standards should generally be nationally recognized, or in accordance with the Residential Site Improvement Standards (RSIS). Design standards not specifically authorized by the Ordinance or the RSIS may not be utilized unless the approving authority grants a waiver.
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E. Design waivers. In certain instances, preexisting conditions or peculiar conditions of the land may authorize the waiver of the design standards contained in the Ordinance. The approving authority may consider and, for cause shown, may waive strict conformance with design standards as may be reasonable and within the general purpose and intent of this ordinance if compliance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land.
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§17 : 11-3. SITE PLAN AND SUBDIVISION DESIGN STANDARDS/APPLICABILITY AND RELATIONSHIP TO THE RESIDENTIAL SITE IMPROVEMENT STANDARDS
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A. Site plans and subdivisions shall conform to the design standards set forth in this Ordinance.
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B. The RSIS (N.J.A.C. 5:21-1 ET SEQ.) shall govern those site improvements within its scope and which are carried out, or intended or required to be carried out, in connection with any application for residential subdivision or site plan approval.-Construction of all residential improvements not regulated by the RSIS shall conform to the design standards contained in this ordinance.
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