If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Secretary of the Planning Board for a determination of completeness within 45 days of the submission or it shall be deemed to be properly submitted.

Upon receipt of a complete application for preliminary site plan or subdivision approval as defined herein and in accordance with the rules and regulations of the Planning Board, the Board shall schedule a date of hearing and give due notice to the applicant, who shall, in accordance with the provisions of this chapter and the Municipal Land Use Act, notify the surrounding property owners of such hearing; provided, however, that when reviewing an application for conventional site plan pursuant to Section 34 of the Municipal Land Use Act (N.J.S.A. 40:55D-46), the Planning Board or Board of Adjustment, as the case may be, shall have the power to waive public notice of the hearing.

The site plan's compliance with all provisions of the municipality's Land Use and Zoning Ordinance including but not limited to off-street parking and loading; signs; lighting; open space and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat.

The site plan's compliance with all requirements and standards of the Subdivision Ordinance, including but not limited to standards for construction, layout dimensions and materials.

The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities.

The design and location of buildings in an efficient and aesthetically pleasing manner.

The adequacy of the screening and landscaping plan.

The location of exterior lighting in terms of safety needs, intensity and glare.

The adequacy of facilities serving the development.

The location, size, extent and configuration of open space areas.

Agencies to review application.

The Planning Board shall have the power to grant the waiver of the submission to any of the above agencies for reports which are not applicable to a particular application.

Minor site plan review; time limitations generally.

Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The applicant shall be notified in writing of the Planning Board action within one week of its action.

Whenever review or approval of an application by the County Planning Board is required by the county land development standards, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.[2]

If the scheduled time for the Planning Board meeting does not allow sufficient time for the Board to reach a determination regarding action on an application within the time prescribed, the applicant shall be requested to consent to an extension of time until such meeting. Failure of the applicant to consent in writing to such extension of time shall constitute automatic denial of the application.

Prior to the return of the approved plat or site plan to the applicant, the applicant shall submit sufficient copies to the Secretary of the Planning Board in order to furnish a copy to each of the following:

The Planning Board shall classify the application as either a major subdivision or a minor subdivision. If classified as a major subdivision, no further Planning Board action on the application shall be required and the applicant shall follow the procedures in Subsections C and E of this section for preliminary and final plats. In classifying an application as a major subdivision, the Planning Board may make recommendations or establish conditions to be followed in the preliminary and final plats.

If the application is classified as a minor subdivision, the Planning Board shall approve or deny the application pursuant to Subsection A(3) hereof. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to §§ 95-37A and 95-38.

If the sketch plat is classified and approved as a minor subdivision, the Chairman and Secretary of the Planning Board shall affix their signatures and return the approved plat to the subdivider within one week following action by the Planning Board, following compliance by the applicant with Subsections A and B hereof.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessors. Any such plan or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted by ordinance 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 to the provisions of said Act.

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

If the Planning Board finds that the application is in compliance with this chapter and all other ordinances of the Township and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application, following the procedures in § 95-6. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application, which shall be proceeded upon as in the manner of and as if it were on the original application with the same time limitations and procedures.

If the Planning 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 Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant preliminary approval.

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:

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

Improvements for final subdivision approval. Prior to final subdivision approval, the applicant shall have installed all improvements set forth in § 95-37 and all improvements designated upon the applicant's preliminary approvals or, in lieu of the installation of improvements, the applicant may furnish, and the Township may accept, adequate performance guaranties in accordance with Subsection D(4) hereof to assure the installation and maintenance of all improvements not installed and approved.

Improvements for final site plan approval. Prior to final site plan approval, the applicant shall have installed any improvements as the Planning Board may determine are necessary prior to building construction; provided, however, that the Township may accept performance guaranties for the later installation of those improvements referred to in Subsection D(1) as well as for on-site improvements and landscaping as required in § 95-37B.

Off-tract improvements. Prior to the recording of final subdivision plats and prior to the filing of an application for final site plan approval, the applicant shall have installed or paid his pro rata share of the costs of any off-tract improvements necessitated by his development, as determined in accordance with the requirements of § 95-38.

Performance guaranty. Performance guaranty for the later installation of those improvements referred to in Subsection D(1) shall be in favor of the Township of East Hanover in an amount equal to 120% of the cost of such improvements. At least 10% of the performance guaranty shall be in the form of cash, certified check, irrevocable assignment of a savings account or certificate of deposit or an irrevocable letter of credit (sufficient in form and substance to the Township Attorney) made payable to the Township of East Hanover. The cost of the installation of improvements shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Construction Board of Appeals established under N.J.S.A. 52:27D-127.

Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final subdivision approval or 12 months from the date of final site plan approval. With the consent of the principal, the performance guaranty may be extended by the governing body by resolution, after the recommendation by the Planning Board by resolution, for an additional period not exceeding 18 months in the case of subdivision approval and 12 months in the case of site plan approval.

Reduction of performance guaranty. The governing body may, in its discretion, upon application, in writing, by the developer or subdivider pursuant to N.J.S.A. 40:55D-53, reduce the amount of the performance guaranty upon certification, in writing, by the Township Engineer that certain portions of the required improvements and conditions of the governing body have been properly completed and upon posting of proper guaranties and maintenance bonds, provided that the remaining performance guaranty, maintenance bonds and deposit moneys are adequate to ensure the completion of the remaining improvements.

Right to complete. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

Notification of completion. When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, pursuant to N.J.S.A. 40:55D-53, by certified mail addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, 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.

Time for action. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the actions of the governing body with relation thereto not later than 65 days after receipt of the notice of 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, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. 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 and surety, if any, shall be released from all liability pursuant to such performance guaranty.

Rejection of improvements. If any portion of the required improvements is rejected, the governing body may require the obligor to complete and/or correct such improvements, and upon completion and/or correction, the same procedure of notification as set forth in this section shall be followed.

Inspection of improvements and construction. All required improvements shall be installed under the supervision of the Township Engineer. No construction work covering the required improvements shall be commenced unless all requisite fees are paid without the applicant's first notifying the Township Engineer that said construction work is about to take place. Such notice shall be given in writing to the Township Engineer at least one week before the commencement of such work. No required improvements shall be covered until inspected and approved by the Township Engineer.

Agreement. Prior to Planning Board approval of a final subdivision application or final site plan application and prior to any construction by the developer, there shall be executed by the developer and the Township of East Hanover an agreement incorporating all terms and conditions of approval imposed by the Planning Board and the Township ordinances. This agreement shall be referred to as a "developer's agreement." The developer's agreement shall be prepared by the Attorney to the Planning Board. The Planning Board, by resolution of approval for the developer's agreement, shall forward same to the Township Committee for its execution. The Township Attorney shall review the developer's agreement for sufficiency of form and substance prior to execution by the proper Township official. If the developer's agreement meets with the approval of the Township Attorney as to the sufficiency of form and substance, the Township Attorney shall present the developer's agreement to the proper Township official for execution within 30 days of the date of the submission of said developer's agreement to the Township Attorney simultaneously with the execution of the developer's agreement, and the developer shall post the bond, cash performance guaranty and deposits required under this chapter.

Maintenance guaranty. In all developer's agreements relating to subdivision approval, there shall be provisions for a maintenance guaranty to be posted with the governing body for a period not to exceed two years after final acceptance of the improvements in an amount of 15% of the cost of the improvements. 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 municipality for such utilities or improvements. The Township Engineer and the Planning Board shall review the maintenance bond; it shall be reviewed by the Township Attorney as to form, sufficiency and execution and approved by the governing body.

Inspection fees. The developer's agreement referred to in Subsection D(12) above shall provide that the applicant shall deposit with the Township an inspection fee of 4%, to be paid to the Township Engineer for the inspection of any improvements and construction by the Township Engineer as set forth in the developer's agreement, which fee, if not paid, shall become a lien on any and all performance guaranties and shall also halt the final execution by the Township of the developer's agreement. This inspection fee deposit shall represent a reimbursement to the Township of East Hanover for the costs of inspections of the subdivision or site plan by its employees or agents.

If the Planning Board finds that the application is in compliance with this chapter and all ordinances of the Township and statutes and other regulations of the State of New Jersey, it shall schedule a hearing on the application, following the procedures in § 95-6. If the application is found not to be in such compliance, it shall so stipulate and shall require the filing of an amended application, which shall be proceeded upon as in the original application with the same time limitations and procedures.

If the Planning 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 Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant final approval.

Distribution. If final approval is granted, copies of the plat or site plan shall be filed by the Secretary with the following:

Effect of final approval. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection C(3) hereof, 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 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(5). 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(5), the Planning 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 C(3) hereof for the section granted final approval.

Recording of final plat.

Location. The location of that portion which is to be subdivided in relation to the entire tract.

Structures and wooded areas. All existing structures with yard setbacks based on ground instrument survey shall be shown, and all proposed building envelopes as designated by the setback requirements of this chapter should be shown and wooded areas within the portion to be subdivided and within 200 feet thereof.

Owners. The name and address of the record owner or owners, the name and address of the developer and the names of all adjoining property owners as disclosed by the most recent Township tax records.

Identity. The tract name and the Tax Map sheet, block and lot numbers of the property to be subdivided. Lot numbers of lots to be created shall be supplied by the Tax Assessor.

Streets, etc. All existing or proposed streets, roads, easements, public rights-of-way, streams, drainage ditches and natural watercourses in and within 200 feet of the subdivision.

Lots. The original and proposed lot layout, lot dimensions and total area of each lot and all applicable setbacks.

Topography. Existing contours based on United States Coast and Geodetic Survey datum at two-foot intervals for slopes of less than 10% and at five-foot intervals for slopes of greater than 10%, to determine the general slope and natural drainage of the land, shall accompany the sketch plat of a major subdivision. The Planning Board may also require submission of topographic data with the sketch plat of a minor subdivision if physical conditions of the land are likely to result in drainage problems or otherwise cause concern in connection with the future development of the property.

Other data. The name and address of the person preparing the map in a title block in conformance with N.J.A.C. 13:40-1 and 40-2, the scale and reference meridian.

Zone boundaries. Zone district boundaries, if any, on or adjoining the property to be subdivided and identification of zones.

Taxes. Certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

Soil erosion and sediment control plan. A soil erosion and sediment control plan for a minor subdivision, if required, in accordance with 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.

Septic systems. Location of existing septic systems on any parcel of land within the confines of the application shall be specifically designated and location of existing septic systems on any adjoining lot within 20 feet of the existing or proposed lot lines.

Existing utilities. The availability of existing utilities should be shown, if pertinent.

If a wetland survey/letter of interpretation reveals the existence of wetlands or wetland transition areas, then the applicant shall place that area into a conservation easement pursuant to the provisions of Chapter 161 of the Code of the Township of East Hanover. Said easement shall be indicated on all plans submitted in support of the application. Alternatively, the applicant may modify the area with permission of the New Jersey Department of Environmental Protection, for example by way of a transition averaging plan. Such a modification shall be indicated on the plan in support of the application, with supporting documentation to be submitted to the Board.

Stream Corridor Protection Zone, In addition to the wetland survey requirement, all applications for major or minor subdivisions or major site plan approval shall have a qualified professional perform a survey on the property so as to determine if any part of that property is within Zone One or Zone Two of the Stream Corridor Protection Zone, as defined in Chapter 131 of the Code of the Township of East Hanover. If any portion of the property is within the Stream Corridor Protection Zone, it shall be designated on the plans submitted in support of the application. Further, the proposed development shall allow only permitted uses within the area designated the Stream Corridor Protection Zone. The application shall not entail any prohibited uses in the Township's Stream Corridor Protection Zone on the property unless the applicant submits and has approved a stream corridor management plan pursuant to Chapter 131 of the Code of the Township of East Hanover.

Key map. A key map showing the entire subdivision and its relation to the surrounding areas, at a scale of not more than 400 feet to the inch.

Identify. The tract name; Tax Map sheet, block and lot numbers; date; reference meridian; graphic scale; and the following names and addresses, together with consent to file:

Taxes. Certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

Acreage. The acreage of the tract to be subdivided to the nearest tenth of an acre.

Lots. The lot layout, lot dimensions, the total area of each lot in square feet.

Topography. The topography map shall include the area of the entire property and an area within a one-hundred-foot radius outside the property lines of the subject application. The topography map shall show the final elevations proposed for the corners of each building, the intersection of the setback lines and rear property lines with the side line and the front and rear lot corners. The proposed first floor and ground floor elevations must also be shown. All swales must be indicated with appropriate widths and flow direction symbols and spot elevations. Existing and proposed contours shall be shown at five-foot vertical intervals for slopes averaging 10% or greater and at two-foot vertical intervals for land of lesser slope to determine the general slope and natural drainage of the land and the high and low points. Datum of all elevations shall be that of the United States Coast and Geodetic Survey.

Existing and proposed locations. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas, large trees and rock formations.

Streets. Plans and profiles of all proposed streets within the subdivision and profiles of existing or future continuing streets a minimum distance of 200 feet beyond the subdivision boundaries, with cross sections at fifty-foot intervals.

Sewers, drains, ditches, etc. Plans and profiles of all proposed and existing water mains, gas, electricity, television, sanitary sewers, with building laterals extending two feet beyond the curbs, storm drains, drainage ditches and streams within the subdivision, together with the location, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream to which the proposed facility shall be connected.

Individual sewage disposal system. When an individual sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage system is not available, the developer shall have percolation tests made in accordance with local requirements and submit the results with the preliminary plat. Percolation tests shall be made under the supervision of the Board of Health. The Township will receive a fee of $10 per test hole, with a minimum of $25 in each case.

Deed restrictions. A copy of any protective covenants or deed restrictions applying to the land being subdivided.

Soil erosion and sediment control plan. A soil erosion and sediment control plan, if required, in accordance with 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.

Drainage design data. Map showing the entire drainage area and the drainage area contributing to each pertinent drainage structure, along with drainage tabulation sheets showing calculations for each drainage area and calculations used to determine size of drainage pipes and channels proposed. Each drainage area shall be marked for identification purposes.

Soil filling or removal. The amount of earth, topsoil or other products in or upon the premises which will be moved within the confines of the proposed subdivided premises and the amount of such material which will be removed from the site. None of said materials shall be removed except in accordance with the soil removal permit issued under the provisions of the Soil Removal Ordinance of the Township of East Hanover.[1]

Public utilities. The developer shall arrange with the serving utility for the underground installation of the utility distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are now on file with the State Board of Public Utility Commissioners. Applicant shall submit to the Planning Board, prior to the granting of any final approval, a written statement from each serving utility which shall evidence full compliance with the provisions of this subsection, provided that lots in such subdivision which abut existing streets where overhead television, electric and telephone distribution supply lines have theretofore been installed may continue said overhead service. Whenever the utility is not installed in the public right-of-way, an appropriate utility easement of not less than 15 feet in width shall be provided.

If a wetland survey/letter of interpretation reveals the existence of wetlands or wetland transition areas, then the applicant shall place that area into a conservation easement pursuant to the provisions of Chapter 161 of the Code of the Township of East Hanover. Said easement shall be indicated on all plans submitted in support of the application. Alternatively, the applicant may modify the area with permission of the New Jersey Department of Environmental Protection, for example by way of a transition averaging plan. Such a modification shall be indicated on the plan in support of the application, with supporting documentation to be submitted to the Board.

Stream Corridor Protection Zone, In addition to the wetland survey requirement, all applications for major or minor subdivisions or major site plan approval shall have a qualified professional perform a survey on the property so as to determine if any part of that property is within Zone One or Zone Two of the Stream Corridor Protection Zone, as defined in Chapter 131 of the Code of the Township of East Hanover. If any portion of the property is within the Stream Corridor Protection Zone, it shall be designated on the plans submitted in support of the application. Further, the proposed development shall allow only permitted uses within the area designated the Stream Corridor Protection Zone. The application shall not entail any prohibited uses in the Township's Stream Corridor Protection Zone on the property unless the applicant submits and has approved a stream corridor management plan pursuant to Chapter 131 of the Code of the Township of East Hanover.

Identity. Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

Other contents. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.

Public use. 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.

Block and lot numbers. Tax Map block and lot numbers, as supplied by the Tax Assessor, shall be shown.

Setback lines. Minimum building setback lines on all lots and other sites.

Monuments. Location and description of all monuments.

Owners. The names of owners of adjoining property and the names of adjoining subdivisions, if any, and the case and filed map number.

Accuracy. Certification by the surveyor as to the accuracy of details of plat.

Consent of owner. Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

Approval. When approval of a plat is required by an officer or body of the Township, county or state, approval shall be certified on the plat.

Improvement construction plans. Improvement construction plans shall be prepared on a sheet measuring a 24 inches by 36 inches, at a scale of not less than 50 feet to the inch and drawn by a licensed New Jersey professional engineer, showing proposed construction, including plans, cross sections and profiles of streets, storm and sanitary sewers, water mains and other utility layouts.

Topography. Final contours of the land according to the requirements of Subsection B(6) hereof.

Taxes. A written certification from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

Lot grading plans. The lot grading plan shown on the topographic map prepared for the preliminary plat shall be revised to suit the final map and improvement construction plans and shall be submitted as a separate lot grading plan. Following final approval, applicant shall make application for building permits pursuant to Township ordinances and in conformity with the requirements of the Uniform Construction Code.[2] The building permit application shall include a preliminary location survey which shall contain, in addition to other requirements of the Construction Official or Township Engineer and not by way of limitation, the location of the proposed foundation, proposed elevations of finished basement floor and first floor and proposed final lot grading elevations in accordance with the final subdivision approval. Subsequent to the issuance of the building permit and at the time of the foundation inspection, the applicant shall submit a location survey containing the location of the constructed foundation and the proposed and existing final grading elevations for said lot. Applicant may submit the final location survey containing proposed final grades which differ from the grades proposed on the preliminary location survey, provided the altered grades shall not adversely affect the grading of the contiguous lots and the overall grading plan for the subdivision, and provided further that said final location survey shall be subject to the approval of the Township Engineer. In the event the Township Engineer disapproves the final grading plan, the developer shall amend the plan accordingly in order to receive approval from the Township Engineer. Once the final location survey as presented or amended has been approved by the Township Engineer, the final grades noted thereon shall be binding upon the applicant and no certificate of occupancy shall be issued unless and until the approved final grades are met. After approval of the final location survey and before commencing further construction, the applicant shall grade the lot at each of its corners and along the side lines at the point of the building setback line to within six inches plus or minus of the final grades contained on the approved final location survey and shall submit an Engineer's certification that said grading has been completed as required. Applicant, however, shall not be required at that time to backfill the foundation. At such time as the dwelling shall be completed and the applicant shall apply for a certificate of occupancy, all lot improvements required shall be completed, as set forth above, including the final lot grading, which shall conform exactly to the final grade elevations on the approved final location survey. Applicant shall submit an Engineer's certification that said grading has been completed as required.

Topsoil protection. No topsoil shall be removed from the site or used as spoil except if permitted by the soil removal permit. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

Key map drawn at a scale of not more than one inch equals 100 feet showing the location of the property, all streets and property lines within 500 feet of the affected property, and all buildings or structures are within 300 feet of the building or structure proposed by the applicant.

The name and address of the owner and site plan applicant together with the names of the owners of all contiguous land and of property directly across the street and within 200 feet of the property, as shown by the most recent tax records of the Township.

North point, scale and the date on which the plan was prepared, and the date of every revision.

Tax Map lot and block numbers of the property affected.

Zoning district in which the property is located.

Area of the lot and all lot line dimensions.

A table indicating zoning requirements and development proposals.

Location of all existing buildings, culverts, storm sewers, sanitary sewers, water, fire protection, electric and telephone lines (both above and below ground) and poles, gas and underground heating systems, pipelines and other manmade features, including fences and walls.

Location of all existing streets and highways on or adjacent to the property affected, including names, right-of-way width, pavement width, curb or curb width.

Location of all existing easements and rights-of-way and the purpose for which they have been established.

Location of existing high points, watercourses, depressions, ponds, marshes, wooded areas, single trees not in wooded areas with a diameter of 12 inches or more as measured three feet above the base of the trunk and other significant existing features, including previous flood elevations of watercourses, marsh and wetland areas as determined by survey and by the State of New Jersey.

The existing and proposed contours on the site and for 100 feet outside the property at two-foot intervals for areas less than five-percent grade and ten-foot intervals above five-percent grade. A reference bench mark should be clearly designated.

Elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed and at such locations designated by the Township Engineer.

Tentative building floor plans and front, rear and side building elevations, showing building materials. Said plans shall be at a scale of not less than 1/8 inch equals one foot. Said plans shall be drawn by a licensed architect when the building(s) or addition(s) thereto exceeds 2,500 square feet in ground floor area.

The present status and contemplated use of all existing buildings on the property.

Location of proposed buildings and structures and all accessory structures, if any, including setback side lines and rear yard distances.

All proposed streets with profiles indicating grading; and cross sections showing width of roadway, location and width of sidewalk.

Specifications for and location of proposed surface paving and curbing.

The location, type and size of proposed culverts, storm sewers, sanitary sewers, fire protection, electric and telephone lines and poles, gas and underground heating systems, pipelines and all other utilities both above and below ground including the connection of such proposed facilities with existing facilities according to the standard specifications of the Township.

Septic systems. Location of existing septic systems on any parcel of land within the confines of the application shall be specifically designated, and the location of existing septic systems on any adjoining lot within 50 feet of the existing or proposed lot lines.

The location of all off-street parking areas and off-street loading facilities, showing the number, location and dimensions of parking spaces, loading areas, curb stops, bumpers, traffic aisles, traffic patterns, curb radii and type of pavement.

A landscaping and buffering plan showing what will remain and what will be planted, indicating species of plants, trees and dimensions, approximate time of planting and method of planting (bare-rooted, ball and burlap) and maintenance plans, seeding schedule, slope stabilization.

All fences, walls, sidewalks or similar features to be provided.

The design and details of any retaining walls, manholes, headwalls, retention basins, detention basins, etc.

Lighting details indicating the type and height of light standards, locations, radius of light, type of light and intensity in footcandles.

Proposed design and location of signs.

Soil analysis as deemed necessary by the Township Engineer, including borings, test pits, groundwater information, samples and analysis of engineering properties.

Aerial photographs and other photographs illustrating site details.

A copy of any protective covenants or deed restrictions applying to the land, if applicable.

An environmental impact statement in accordance with § 95-39.1 of this chapter.

Legends and signature blocks as appropriate.

The applicant shall submit to the approving authority a proposed sequence of development with a projected time schedule for completion of each of the several elements. Such projection shall include, where applicable, the removal of structures, trees and brush, temporary drainage considerations, utilities, road and sidewalk improvements and provisions for the protection of topsoil.

Morris County Planning Board and other state and county approvals as may be appropriate.

A soil erosion and sediment control plan, if required, in accordance with N.J.S.A. 4:24-39 et seq. Said plan shall be submitted to the Morris County 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.

A map showing the entire drainage area and the drainage area contributing to each pertinent drainage structure, along with drainage tabulation sheets showing calculations for each drainage area. Each drainage area shall be marked for identification purposes.

Official seals and signatures of a licensed professional engineer, land surveyor and architect.

Additional information. The approving authority may require other information and data for specific site plans. This data may include, but is not limited to, geologic information, water yields, flood data, environmental information, traffic counts, road capacities, market information, economic data and similar exhibits. This information shall be deemed to be required unless specifically determined to be unnecessary by the approving authority as provided in Subsection D(38) below.

If it can be demonstrated by the applicant that because of peculiar conditions relating to the property or proposed construction, any of the above details are not necessary or additional data is necessary to properly evaluate the site plan, the approving authority, by way of a specific written resolution, may modify or waive any of the specific site plan details or require such additional data, specifications and information.

An application shall be deemed incomplete, and the review period shall not begin to run, until all the requirements of this section are satisfied.

If a wetland survey/letter of interpretation reveals the existence of wetlands or wetland transition areas, then the applicant shall place that area into a conservation easement pursuant to the provisions of Chapter 161 of the Code of the Township of East Hanover. Said easement shall be indicated on all plans submitted in support of the application. Alternatively, the applicant may modify the area with permission of the New Jersey Department of Environmental Protection, for example by way of a transition averaging plan. Such a modification shall be indicated on the plan in support of the application, with supporting documentation to be submitted to the Board.

Stream Corridor Protection Zone, In addition to the wetland survey requirement, all applications for major or minor subdivisions or major site plan approval shall have a qualified professional perform a survey on the property so as to determine if any part of that property is within Zone One or Zone Two of the Stream Corridor Protection Zone, as defined in Chapter 131 of the Code of the Township of East Hanover. If any portion of the property is within the Stream Corridor Protection Zone, it shall be designated on the plans submitted in support of the application. Further, the proposed development shall allow only permitted uses within the area designated the Stream Corridor Protection Zone. The application shall not entail any prohibited uses in the Township's Stream Corridor Protection Zone on the property unless the applicant submits and has approved a stream corridor management plan pursuant to Chapter 131 of the Code of the Township of East Hanover.

A plan illustrating the storage location of a six-inch snow event, commonly referred to as a "snow storage plan."

Final contours of the property and for 100 feet outside the property at two-foot intervals when new buildings or parking areas are proposed. If only a portion of the property is being developed, contours need only be shown for said portion and 100 feet beyond.

Final elevations at the corners of all proposed buildings and paved areas and at property corners if new buildings or paved areas are proposed.

Final building floor plans and front, rear and side building elevations, showing building materials.

Location and description of proposed signs and outdoor lighting.

A detailed plan for proposed landscaping showing the size, species and spacing of trees and plants and other landscaping treatment of unpaved areas.

Streets. To be graded and constructed in accordance with the design standards and specifications in § 95-39A(2) of this chapter.

Curbs and sidewalks.

Drainage facility. Provisions shall be made for culverts, catch basins, stormwater drains, detention and retention basins and other necessary drainage facilities. All such installations shall be connected with an adequate approved system and shall be adequate for all present and future development of the subdivision and surrounding areas and subject to the specifications of the Township Engineer and Planning Board.

Water mains. To be installed and approved in accordance with the standards and specifications of the East Hanover Township Water Engineer.

Sanitary sewer. Where a public sanitary sewer system is accessible, each lot within a subdivision shall be provided with sewage disposal facilities by the required extension of sewer mains and connection thereto. All such installations shall be made in accordance with construction standards of the Township and approved by the Township Engineer and the State Department of Environmental Protection. The public sanitary sewer is not considered accessible, and therefore no connections can be made for those areas so prohibited as set forth in § 95-46O.

Private disposal system. Where a public sanitary sewer system is not accessible, the subdivider shall construct an individual sewage disposal system for each lot or may be required to install sewer lines and a private sanitary sewer disposal plant. All such installations shall be subject to the approval of local and state health agencies, the Township Engineer and the Township Sewer Department and the East Hanover Township Board of Health.

Monuments. To be of the size and type required by Chapter 141 of the Laws of 1960[1] and shall be placed in accordance with the requirements of said statute and the specifications of the Township.

Shade trees. The subdivider shall install shade trees with a minimum caliper of three inches at the time of planting. The shade trees shall be located within 20 feet of the street right-of-way.

Street signs. To be of the same type and design as the street signs currently in use and shall be installed in accordance with applicable Township requirements and state statutes in such a manner that the name of each intersecting street is clearly visible to approaching traffic.

Fire hydrants, etc. Fire hydrants and fire alarm boxes shall be installed at intervals as directed by the Water and Fire Departments in accordance with the standards of the National Board of Fire Underwriters or other applicable authority.

Streetlighting. Streetlights shall be installed as directed by the Township Streetlights Committee and in accordance with recommended practice of street and highway lighting of the Illuminating Engineering Society, where it is required by the Planning Board, along the streets within and abutting the subdivision. All fixtures or luminaries which will be required in a subdivision shall be installed at the same time, thereby constituting a single process of installation. All wires necessary to serve the streetlighting system shall be placed underground, and arrangements shall be made with the appropriate utility for carrying out this provision. Construction and maintenance easements shall be provided for such installations. The subdivider shall pay the cost of operating said streetlights until such time as the said lights which are installed shall be accepted by resolution of the Township Committee as part of the acceptance of a public street of the Township. At the time of final approval, the subdivider shall deposit with the Township cash in an amount equal to twice the annual billing rate, as determined by the appropriate utility which shall provide streetlighting. The Township shall utilize said cash deposit to pay the annual billings for such streetlighting in the subdivision until the streets are accepted by resolution of the Township Committee, at which time the Township will return to the subdivider the remaining cash on deposit, if any.

Topsoil. No topsoil shall be removed from the subdivision site or used as spoil or fill. In addition, topsoil removed during the course of construction shall be redistributed in the subdivision so as to provide equal distribution of cover to all areas of the subdivision and shall be stabilized by seeding and planting. At least six inches of topsoil shall be provided on all portions of lots not occupied by buildings, driveways or walks.

Earth removal. No change shall be made in the elevation or contour of any lot or site other than a required minimum amount, as determined by the Engineer and Planning Board in accordance with the Township's Soil Removal Ordinance.[2]

Disposal of dead trees, etc. All stumps, litter, rubbish, brush, weeds, dead and dying trees, rock, roots and debris shall be removed or destroyed immediately upon the request of and to the satisfaction of the Engineer. None of the same shall be buried without written permission of the Planning Board upon recommendation of the Township Engineer.

Other items. The Board may impose other conditions where specific problems peculiar to any particular development exist which are likely to be detrimental to the public safety and general welfare of the Township, or may, for good cause for the same, change or modify any of the foregoing.

Pavement. All parking and loading areas shall be paved in accordance with the design standards and specifications in § 95-39B(14) of this chapter.

Drainage. All parking and loading areas shall be graded and equipped with adequate drainage facilities as approved by the Township Engineer.

Marking. All parking and loading spaces shall be appropriately marked with painted lines.

Lighting. Adequate lighting of all parking and loading areas shall be provided as required by the Planning Board.

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, wall or screening not less than four nor more than eight feet in height, maintained in good condition; provided, however, that a screening or hedge or other natural landscaping consisting of four-foot-high evergreen plants in two rows five feet apart and with plants five feet apart in each row may be substituted for the required fence or wall if approved by the Planning Board. The screening as required by this subsection shall not be waived by the Planning Board. Where parking is located in a front yard, the Planning Board may require construction of landscaped berms up to a height of five feet with slopes at a ratio of not less than 2:1.

Curbing. Parking areas shall be enclosed by curbing in accordance with design standards and specifications in § 95-39B(17) of this chapter unless waived by the Planning Board when drainage runoff can be absorbed by surrounding soil without causing erosion or flooding to adjoining landowners, located at least five feet from any property line or nearest structural wall of a building, except that in the nonresidential zones, parking areas may be constructed up to the property line which abuts a parking area on property in the nonresidential zone, and further provided that proper access and circulation between the two parking areas is provided.

Sidewalks. Sidewalks shall be constructed within the street right-of-way in accordance with Township specifications.

Landscaping. All portions of the property shall be landscaped as follows, and said landscaping requirements shall not be waived by the Planning Board:

Other items. The Board may impose other conditions where specific problems peculiar to any particular development exist which are likely to be detrimental to the public safety and general welfare of the Township, or may, for good cause for the same, change or modify any of the foregoing.

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 Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.

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

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.

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 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.

By the Township as a general improvement, or

By the Township as a local improvement, or

By the applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan.

If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.

If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in Subsection D(1), the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

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

The estimated costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.

In the event the payment by the applicant to the Township Treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then the applicant shall be required to pay its additional appropriate share of the cost thereof.

In the event the payment by the applicant to the Township Treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successors or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

If the applicant shall deem that any of the amounts so estimated by the Planning Board are unreasonable, it may challenge them and seek to have them reviewed in appropriate proceedings brought to compel subdivision approval.

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

At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-tract improvement.

In the event the Township so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

General. The applicant shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:

Streets.

Blocks.

Lots.

Public use and service areas.

Stormwater drainage.

Site plan design principles shall be in accord with subdivision design standards, § 95-39A, as appropriate.

The provisions of the Township ordinance with respect to height, minimum lot areas, mandatory open spaces and other requirements shall be complied with.[2]

Adequate provision shall be made for off-street parking in accordance with this chapter, and adequate traffic circulation, traffic safety and protection to adjoining property shall be provided.

Stormwater disposal shall satisfy requirements of § 95-36A(6).

The location, design and construction of any building shall not create undue risks of traffic congestion, public safety or other hazards.

The design or construction of any building or use shall not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.

Lighting.

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.

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, inoperable or unregistered vehicles.

No signs other than "entrance," "exit" or "conditions of use" signs shall be maintained.

Service aisles; distance between parking spaces.

All off-street parking and loading areas, except for parking which is accessory to one- and two-family dwellings, shall meet the location requirements prescribed in Article VII, Zoning, of this chapter.

All grades within parking lots shall be at least 1% and shall not exceed 10% and shall be adequately drained, subject to the approval of the Township Engineer. All grades in lawn areas shall be at least 2%.

Paving. Parking lot pavement shall consist of one of the following, to be measured at a compacted depth:

The applicant shall obtain necessary approvals of any state, county or municipal agencies.

The approving authority 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.

Sidewalks, curbing and/or wheel stops shall be installed whenever required by the approving authority. Curbing shall consist of concrete or granite block curbing six inches above the paved surface, when required.

In general, parking spaces shall be 10 feet wide by 20 feet long and shall be clearly marked with painted lines. In major developments where the parking requirements will be long-term in duration, such as corporate office facilities, office parks, etc., parking stalls may be reduced in width to nine feet and in length to 19 feet.

For purposes of this article, parking garages are permitted, but the area within the garage(s) shall be exclusive of the permitted floor area ratio requirement.[3]

General.

Design.

Transportation and access.

Parking.

All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silvaculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.

It is strongly advised that a preapplication conference be held with the approving authority and the East Hanover Environmental Commission to determine the level of detail required in the environmental impact statement.

In preparing an environmental impact statement, the applicant shall retain one or more competent professionals to perform the necessary work. All applicable material on file in the Township pertinent to local conditions shall be consulted. Any additional material pertinent to evaluation of potential regional impacts shall also be considered. Furthermore, as much original research as is necessary shall be conducted to develop a comprehensive environmental impact statement.

The environmental impact statement shall consist of written and graphic materials which will clearly present the information that is required.

All minor subdivision applications, preliminary and final site plan applications consisting of less than 10 acres and conditional use applications, consisting of less than 10 acres, may be required to be accompanied by an environmental impact statement. The information required shall be presented in a concise descriptive report. The descriptive report shall be supplemented with additional graphic and explanatory material when environmentally sensitive areas are involved. Environmentally sensitive areas include but are not limited to stream corridors and floodplains, streams and water bodies, wetlands, slopes greater than 20%, highly acid or erodible soils, mature stands of native vegetation, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.

All preliminary and final major subdivision applications, preliminary and final site plan applications, consisting of 10 acres or more, and conditional use applications, consisting of 10 acres or more, may be required to be accompanied by an environmental impact statement. The information required shall be presented in a detailed descriptive report which shall include written, graphic or other explanatory material. Certain requirements may be waived by the approving authority if the applicant can prove conclusively that specific requirements are unwarranted.

Any variance application not involving a site plan, subdivision or conditional use application may be required, at the discretion of the Board of Adjustment, to be accompanied by an environmental impact statement. The information required shall be determined by the Zoning Board of Adjustment.

Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

Site description and inventory. Provide a description of environmental conditions on the site, which shall include but not be limited to the following items:

Area and regional description. Provide a description of the surrounding environs. Describe the existing land use pattern. When required, describe in detail the existing infrastructure with respect to the drainage and transportation network as well as any central sewage and water supply facilities. Include an appropriate regional analysis relative to the proposed project.

Environmental performance controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on- and off-site that could result from the proposed project. Of specific interest are:

Impact. Discuss both the negative and positive on-tract and off-tract impacts. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include, but are not limited to, the following:

Alternatives. Discuss what alternatives were considered both in terms of site design and project location. Indicate why an alternative was rejected if it would have resulted in less of a negative impact than the subject proposal.

Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but will not be limited to, approvals required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.

Documentation. All publications, file reports, manuscripts or other written sources of information related to the project, the project site and the Township which were consulted and employed in compilation of the environmental impact statement shall be listed. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.

Will not result in appreciable harm to the environment.

Has been designed and conceived with a view toward the protection of regional sources.

Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.

Assume full responsibility for adequate and regular collection and removal of all refuse.

Comply with all applicable provisions of the Air Pollution Code,[1] including prohibition of open burning on dumps and regulations applicable to sanitary landfill and incineration.

Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse Disposal, Public Health Council of the State Department of Health.

Permit no accumulation on the property of any solid waste, junk or other objectional materials.

When measured at any point along the lot line, the sound-pressure level radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed the following in any octave band of frequency:

If the noise is not smooth and continuous and is not radiated at nighttime, one or more of the following corrections shall be added to or subtracted from each of the decibel levels given below:

(3) The sound pressure shall be measured with a sound-level meter conforming to American Standard Specification for General-Purpose Sound-Level Meters, S 1.4-1961, rev. of Z 24.3-1944, and to an octave band analyzer conforming to the American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z 24.10-1953, Vibration. No manufacturing, fabricating, research, testing or other processes requiring the use of blasting shall be permitted. Any necessary occasional, emergency or construction blasting shall conform to the limits of the Table of Frequency Amplitude Relations and all other requirements of the Rules and Regulations Governing Blasting on the Construction and Related Operations, Bureau of Engineering and Safety, State Department of Labor and Industry. No machinery, process or other use will be permitted that causes any mechanical or earth vibration that is detectable beyond the lot line. When operations involve the use of heavy machinery, testing or other facilities likely to produce mechanical vibration, the building shall be constructed and the machinery and equipment shall be installed in such manner as to eliminate the possibility of mechanical vibration or earth vibration of such extent that it is detectable beyond the lot line. For the purpose of measuring compliance, no mechanical vibration or earth vibration shall be permitted that exceeds 10% of the limits of the aforementioned Table of Frequency - Amplitude Relations

A copy of the approved plans from the State Department of Labor and Industry showing that adequate safeguards against the origin and spread of fire have been or shall be taken in regard to such things as the construction and materials of the building or structure, the installation of safety and warning devices and the adoption of fire prevention procedures in operations.

Statement from the appropriate Township fire company officials that the applicant has complied with all applicable Township fire prevention regulations. (See Chapter 85.)

Also see § 95-56C(6)(a).

That there exists in East Hanover a duly established Planning Board and an ordinance controlling subdivision of land.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.

That the subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter.

Elevated levels of nutrients, particularly phosphorus, in surface water bodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which, in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply.

While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have a greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application recommendation geared to the soil and planting type is the best means to determine the amount of nutrients to apply. Timing and placement of fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff. Fertilizer applied immediately prior to a runoff-producing rainfall, outside the growing season or to impervious surfaces is most likely to be carried away by means of runoff without accomplishing the desired objective of supporting target vegetation growth. Therefore, the management of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources.

This section does not apply to application of fertilizer on commercial farms, but improper application of fertilizer on farms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrient load to water bodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.

Apply fertilizer when a runoff-producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off site exists.

Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.

Apply fertilizer within the buffer of any water body.

Apply fertilizer more than 15 days prior to the start of or at any time after the end of the recognized growing season. The established growing season for the Township of East Hanover is March 15 through October 31.

Apply phosphorus fertilizer in outdoor areas except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.

Exceptions: