26-5 PRELIMINARY APPROVAL OF MAJOR SUBDIVISIONS.
26-5.1 Submission of Application.

An application shall be submitted to the approving authority Secretary, in writing, in duplicate, on forms supplied by the authority. Receipt of an application for preliminary major subdivision approval shall be filed no less than two (2) days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 26-3, shall be submitted with the application form. The application shall be accompanied by a completed Historic Sites Committee Data Sheet. (Ord. #594; 1976 Code § 154-14; Ord. #921)

26-5.2 Preliminary Plat Requirements.

a The application shall be accompanied by fifteen (15) copies of the proposed subdivision accurately drawn to a scale of not less than one (1") inch equals one hundred (100') feet and certified by a licensed land surveyor as to existing features and boundaries. The subdivision plat shall be in conformance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). All design features shall be prepared by a licensed professional engineer.

b. Preliminary Plat Details. The preliminary plat shall contain the following:

1. Date. All revisions shall be noted and dated.

2. Key map showing the location of the tract with reference to the surrounding properties and existing street intersections.

3. Title of development, north arrow, scale, block and lot numbers, name and address of record owner and name and address, license number and seal of person preparing the subdivision. If the owner of the premises is a corporation, the name and address of the president and secretary shall be submitted with the application.

4. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest ten (10) seconds.

5. Names, as shown on current tax records, of all owners of property within two hundred (200') feet of the subdivision, together with the block and lot numbers of the property.

6. Zoning district in which the parcel is located, together with zone boundaries within two hundred (200') feet of the extreme limits of the property in question.

7. Survey data showing boundaries of the property, building or setback lines, and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way.

8. Reference to any existing or proposed covenants, deed restrictions or exceptions covering all or any part of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.

9. Distances measured along the right-of-way lines of existing streets abutting the property to the nearest intersections with other public streets.

10. Location of existing buildings and all other structures, including walls, fences, culverts and bridges, with spot elevations to such buildings and structures. Structures to be removed shall be indicated by dashed lines, and structures to remain shall be indicated by solid lines.

11. Location of all existing and proposed storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, locations and inlets, manholes or other appurtenances and appropriate invert and other elevations. If any existing utility lines are underground, the estimated location of the utility lines shall be shown.

12. Existing and proposed contours, referred to United States Coast and Geodetic Survey data, with a contour interval of one (I') foot for slopes of less than three (3%) percent, an interval of two (2') feet for slopes of more than three (3%) percent but less than fifteen (15%) percent and an interval of five (5') feet for slopes of fifteen (15%) percent or more. Existing contours are to be indicated by dashed lines and proposed contours are to be indicated by solid lines.

13. Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas as determined by survey.

14. All proposed streets with profiles indicating grading, and cross-sections showing width of roadway, location and width of sidewalks and location and size of utility lines conforming to the Township standards and specifications.

15. Location of all existing and proposed water lines, valves and hydrants and all sewer lines or alternative means of sewage and sewage disposal and treatment.

16. Existing and proposed stormwater drainage system. All plans shall be accompanied by a plan sketch showing all existing drainage within five hundred (500') feet of any boundary and all areas such as paved areas, grassed areas, wooded areas and any other surface area contributing to the calculations, and showing methods used in the drainage calculations.



17. Acreage, to the nearest tenth of an acre, of the tract to be subdivided, and the area, in square feet, of all lots.

18. Any lands subject to the Farmland Assessment Act of 1964 shall be duly noted as to the valuation, assessment and taxation in accordance with subsection 26-10.3 herein.

19. Such other information or data as may be required by the approving authority or the County Planning Board for determination that the details of the subdivision are in accordance with the standards of this Chapter, Chapter XXIV, Zoning, and all other applicable laws, ordinances or resolutions. (Ord. #594; 1976 Code § 154-15)

26-5.3 Procedural Requirements for Preliminary Approval.

a. Preliminary Subdivision Plat Review.

1. The applicant shall submit the preliminary subdivision application and plat maps and payment of all required fees to the administrative officer, who shall submit copies of the preliminary plat to the following:

(a) Approving Authority Engineer.

(b) Chief of Police.

(c) Board of Health.

(d) Water and Sewer Consultants.

(e) Planning Consultant.

(f) Fire Prevention Bureau.

(g) Shade Tree Commission.

(h) Environmental Commission.

(i) Construction Official.

(j) Superintendent of Public Works.

(k) Historic Preservation Commission.

2. The persons and Boards shall make recommendation to the approving authority, in writing, within forty-five (45) days of the application submission. The Board shall take the recommendations into account but shall have the authority to proceed in the absence of such recommendations if the Board finds such recommendations not to be essential to its determination.

3. If the preliminary plat is found to be incomplete, the applicant shall be notified thereof within forty-five (45) days of the date of submission or it shall be deemed to be perfected as to content.

4. Where adjustments or changes are required in the plat submission, the applicant shall be required to modify the plat in order to qualify as a perfected application as to content and for public hearing purposes.

b. County Planning Board and Other Governmental Agency Approvals. Any subdivision application requiring County Planning Board or other governmental agency approvals shall be submitted by the applicant to the Bergen County Planning Board or other governmental agency for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period. A preliminary subdivision requiring County Planning Board or other governmental agency approval which may not have been received at the time of the public hearing in the Township shall require the public hearing to be continued until such time as the required reports are received or by the failure to report thereon within the required time period.

c. Other Requirements.

1. The applicant shall be required to submit proof that no taxes or assessments for local improvements are due or delinquent on the property for which preliminary approval is sought.

2. All applicable fees shall be paid prior to any action by the approving authority.

d. Public Hearings. Upon submission of a perfected application, the approving authority shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in subsection 26-3.3 for public hearings.

e. Time Period in Which to Act. The approving authority shall grant, condition or deny preliminary subdivision approval within forty-five (45) days of a perfected application or within such further time as may be consented to by the applicant for subdivisions of ten (10) or fewer lots or ninety-five (95) days for subdivisions containing more than ten (10) lots. Failure of the approving authority to act within the prescribed time period, or to obtain an extension from the applicant, in writing, shall constitute a preliminary approval by the approving authority.

(Ord. #594; Ord. #858; 1976 Code §154-16; Ord. #1313, §2)

26-5.4 Effect of Preliminary Approval.

a. Except as provided herein, preliminary approval of a major subdivision shall confer the following rights for a three (3) year period from the date of approval to the applicant:

1. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, except that nothing herein shall be construed to prevent the Township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

**Webmasters Note: the previous 26-5.3 through 26-5.4 is current as per Supplement No. 9.

2. That the applicant may submit for final approval on or before the expiration date Of preliminary approval the whole or a section or sections of the preliminary subdivision plat, as the case may be.

3. That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that, if the design standards have been revised by ordinance, such revised standards shall govern beyond the three (3) year period.

b. In the case of a subdivision of fifty (50) acres or more, the approving authority may grant the rights referred to in paragraph a., 1., 2. and 3. above for such period of time longer than three (3) years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the approving authority may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, the economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards shall govern beyond the three (3) year period.

c. Failure to obtain final approval within the prescribed time limits, as herein defined, shall void the preliminary plat approval. (Ord. #594; 1976 Code § 154-17)