Article VII: Subdivisions: Development Review Procedures and Plat Details | |||||||
§ 220-132 Simultaneous review and submission of applications.
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A. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review of subdivision approval without the developer's being required to make further application or the approving authority's being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
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B. Applications requiring Planning Board action in accordance with the provisions of this chapter shall be submitted to the Planning Board Administrative Officer at the location and during the time intervals specified by resolution of the Planning Board. The Planning Board Administrative Officer shall issue a receipt of filing, and all time requirements governing Planning Board action shall begin upon issuance of this receipt. The Planning Board may waive this requirement for good cause.
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§ 220-133 Informal discussion.
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A. An informal submission is optional. Any person may appear at a meeting of the approving authority for informal discussion with reference to an informally prepared plat of sufficient accuracy to be used for purpose of discussion. The purpose of such a discussion will be to review overall development concepts in order to assist the applicant in the preparation of subsequent plans. No decisions will be made and no formal action taken at an informal discussion.
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B. Informal submission is sketches to scale of possible plan(s) for the development of an area. They are not binding on the Township or on the developer and do not necessitate accurate engineered drawings. The data included on an informal submission of a site plan shall include sufficient basic data to enable the approving authority and the applicant to comment upon design concepts such as building location, ingress and egress, parking, major natural features that will have to be recognized or may influence certain design criteria and the applicant's basic intent for water, sewerage and storm drainage facilities.
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§220-134 Submission of sketch plat, minor subdivision plat or minor site plan .
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[Amended 8-14-1986 by Ord. No. 38-86] | |||||||
If an informal discussion has not been held on a proposal as outlined above, a sketch plat submission is recommended for a major site plan or major subdivision. Whether or not an informal discussion was held on a minor site plan or minor subdivision, a sketch plat is required in order to record in the public record the plan's classification and to take final action on the application. For a minor subdivision or minor site plan, it is recommended that a plat meeting both sketch plat and minor subdivision or minor site plan requirements be submitted. Proposed lot and block designations for the plats will be obtained from the Assessor for both major and minor subdivisions prior to filing with the Administrative Officer for either the Planning Board or the Zoning Board of Adjustment. | |||||||
A. Filing procedure. The developer shall file with the Administrative Officer at least seven days prior to the regular meeting of the approving authority the fee, together with a minimum of 10 copies of said sketch plat, minor subdivision plat or minor site plan plat prepared in accordance with the provisions of this article and together with three completed application forms for classification of a sketch plat or classification and approval of a minor subdivision plat or classification and approval of a minor site plan. If a minor subdivision plat is involved that is to be filed, one translucent tracing cloth master copy of the plat must be provided. In addition, for minor developments where the developer does not plan to file the approved plat, five copies of the lot deed(s), deed(s) for lands dedicated to the Township for road-widening purposes and any required conservation, drainage and utility rights-of-way and sight triangle easements to the Township shall be provided. The Administrative Officer shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats, etc., submitted for processing in conjunction with the subdivision of the lot. Within three days of filing, the Administrative Officer shall forward one copy of the plat to each of the following:
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(1) Township Engineer.
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(2) Tax Assessor.
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(3) County Planning Board.
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(5) Such other Township, county or state officials as directed by the Board.
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B. Action by the approving authority.
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(1) The approving authority shall review the submission and take action on accepting, rejecting, classifying or approving it. If incomplete, the material shall be returned to the developer for his resubmission at least seven days prior to a subsequent regular meeting. Within 45 days of the date of submission to the Administrative Officer or such further time as may be consented to by the applicant, the approving authority shall accept, reject or classify the application as a minor development or minor site plan or as a major development or site plan, and if submitted and classified as a combined sketch plat and minor subdivision plat or minor site plan, the approving agency shall waive any required notice and public hearing and shall approve, approve with conditions or deny the minor subdivision or minor site plan application. The decision shall be in writing and shall be sent to the applicant and newspaper as required by this article. The approving authority shall not grant approval of a minor subdivision or site plan until five copies of approved deeds dedicating lands for street rights-of-way and applicable conservation, drainage and utility right-of-way easements are available to the approving authority if approved plats are not to be filed.
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(2) Whenever review or approval of the application by the County Planning Board is required but not yet received, the municipal approving authority, in taking action to approve the plat, shall either grant conditional approval in accordance with § 220-28, Conditional approval, or grant approval if the time period in which the county must take action has expired.
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(3) Before any plat is approved as a minor subdivision or minor site plan, the developer shall provide the approving authority with sufficient copies of the plat to be approved so as to forward, and the approving agency shall, after approval, forward, one copy to each of the following, retaining one copy for his file:
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(a) Township Engineer.
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(b) Building Inspector.
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(c) Tax Assessor.
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(d) County Planning Board.
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(e) Planning Board.
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(f) Board of Health.
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(4) Expiration of approvals and extension of time. [Amended 9-10-1992 by Ord. No. 21-92]
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(a) Minor subdivision. Except as provided in Subsection B(4)(a)[3] below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law, P.L. 960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), as amended, 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 Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Acting Secretary in their absence, respectively).
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[1] In accordance with N.J.S.A. 40:55D-54 as amended, the county recording officer shall notify the approving authority of the filing of the plat within seven days of the filing.
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[2] 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 on which the resolution of approval is adopted, provided that the approved minor subdivision shall have been duly recorded.
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[3] The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed provided in Subsection B(4)(a) above if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
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[4] The Planning Board shall grant an extension of the two-year period of protection for a minor subdivision approval established by Subsection B(4)(a)[2] above for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. [Amended 7-22-2004 by Ord. No. 2004-12]
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[5] All minor subdivision approvals shall expire at the end of the two-year period of protection established by Subsection B(4)(a)[2] above, plus any extension granted pursuant to Subsection B(4)(a)[4] above. [Added 7-22-2004 by Ord. No. 2004-12]
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(b) Minor site plan. 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 approval. The Planning Board shall grant an extension of this period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives that last of the legally required approvals from the other governmental entities, whichever occurs later. All minor site plan approvals shall expire at the end of the two-year period of protection established by this subsection, plus any extension granted pursuant to this subsection. [Amended 7-22-2004 by Ord. No. 2004-12]
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(5) When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development, together with subsequent subdivisions or development, will not create, impose, aggravate or lead to any such adverse effect(s).
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(6) If classified as a major development or site plan or approved as a minor development or minor site plan, a notation to that effect, including the date of the approving authority's action, shall be made on all copies of the plat and shall be signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Acting Secretary in their absence, respectively), except that the minor plat shall not be signed until all conditions are incorporated on the plat. All conditions on minor developments shall be complied with within 95 days of the meeting at which conditional approval was granted, otherwise the conditional approval shall lapse. If classified as a major development, sketch plat modifications are not required. Any conditions shall be incorporated on the preliminary plat.
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C. Delineation of floodplain and wetlands. Every application for a sketch plat of a major subdivision or site plan shall contain a delineated floodplain and wetlands as determined by a recognized soil scientist or environmental expert in conformance with the State of New Jersey adopted wetlands and floodplain regulations as administered by the New Jersey Department of Environmental Protection. [Added 12-8-1988 by Ord. No. 59-88]
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§ 220-135 Submission of preliminary plat.
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[Amended 9-10-1992 by Ord. No. 21-92; 10-22-1992 by Ord. No. 38-92] | |||||||
Preliminary plats are required for all major site plans and major subdivisions. | |||||||
A. Filing procedure.
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(1) The developer shall submit to the Administrative Officer at least seven days prior to the regular meeting of the approving authority one translucent tracing cloth print of a preliminary plat of the proposed development, prepared in accordance with the provisions of this article, together with 12 copies of said preliminary plat, three completed copies of the application forms for preliminary approval and three copies of any protective and/or restrictive covenants or deed restrictions applying to the land being developed. The application shall also be accompanied by three copies of the drainage calculations as prescribed in Article VIII, as well as the required fee.
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(2) The application shall be accompanied by a letter in triplicate, of a form prescribed by the Township Attorney, saving the Township and its officers and Engineer harmless from any loss due to damage resulting from the grading, drainage or development of the property and from any liability during construction; by a properly executed Marlboro Township Erosion Control Agreement and proof of certification of plans pursuant to Soil Erosion and Sediment Control Act, Chapter 251 of the Public Law of 1975, by the Freehold Soil Conservation District; and by a complete environmental impact report in accordance with provisions in § 220-182, or a written request for a waiver of any or all of its requirements. If such a waiver is requested, the approving authority shall either approved, approve in part or disapprove the request not later than the second regular meeting of the approving authority at which the application is heard, and, if approved in part or disapproved, the applicant shall provide required data and documentation within 15 days or 15 days prior to the date by which the approving authority is required to act, whichever comes first, or at some further date the approving agency may set if the applicant consents to an extension of time in which the approving authority is required to act.
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B. Action by the approving authority.
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(1) If an application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application or it shall be deemed properly submitted. Upon the submission to the Administrative Officer of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
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(2) The Administrative Officer shall issue an application number and thereafter it shall appear on all papers, maps, etc., submitted for processing in conjunction with the application. Within three days of filing, the Administrative Officer shall submit two copies of the plat and supporting data to the County Planning Board and one copy each to the following:
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(a) Township Engineer.
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(b) Shade Tree Commission.
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(c) Board of Health.
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(e) Tax Assessor.
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(f) Any other agency or person as directed by the approving authority for its review or action.
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(3) If the proposed development consists of 60 lots or more, the application shall not be approved until the applicant has provided to the approving authority copies of certification by the State Environmental Protection Agency that the proposed water supply and sewerage facilities comply with applicable state standards.
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(4) For those applications requiring approval within 45 days of submission, the approving authority shall not grant preliminary approval until a report in writing has been received from the County Planning Board or the thirty-day period in which said Board is required to act has expired. For those applications requiring approval within 95 days of submission, the approving authority shall not grant preliminary approval until either the approving authority receives a report in writing from those to whom copies of the plat have been forwarded or the following time period expires. Each shall have 30 days from referral of the plat to report to the approving authority. If the report recommends changes in the developer's proposal, such report shall state the reasons therefor. If any agency or person fails to report to the approving authority within the thirty-day period, said plat shall be deemed to have been favorably recommended by said agency or person. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the applicant, the thirty-day period for a County Planning Board report may be extended for an additional 30 days and any extension shall so extend the time within which the approving authority is required to act. The Township Engineer's report shall state, among other things, that he has examined the drainage plans and found that the interests of the Township and neighboring properties are protected in accordance with the provisions of these regulations.
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(5) If the submission is accepted as a subdivision, the approving authority shall, after holding a public hearing, grant or deny preliminary approval of a subdivision of 10 or fewer lots within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the approving authority shall, after holding a public hearing, grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the subdivision.
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(6) If the submission is accepted as a site plan, the approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer:
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(a) A site plan for 10 acres of land or less: within 45 days of the date of submission.
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(b) A site plan of more than 10 acres: within 95 days of the date of submission.
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(7) Action shall be taken on a preliminary site plan without a public hearing unless, in the opinion of the approving authority, the proposed use, proposed intensity of development, location of the tract, traffic conditions, environmental concerns or any other aspect covered by review are of sufficient concern that the approving authority desires to receive the public's comments. Where a public hearing is scheduled for a site plan, no action shall be taken until completion of the public hearing, and the scheduling and notifications for the hearing shall be in accordance with this article.
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(8) If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision as proposed by the developer and that plan had been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with these subdivision and site plan regulations, grant preliminary approval.
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(9) The approving authority may approve, disapprove or approve with conditions the application. Such action shall not take place until after any required public hearing has been conducted and due consideration has been given to all reports received from other officials and bodies to which the application was referred. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 220-11, Public hearings and notices, in this chapter. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman and Acting Secretary, in their absence, respectively) and the Township Engineer shall sign the first page of the plat, indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are complied with. If all conditions are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse.
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(10) Before approval of the plat, the developer shall provide the approving authority with sufficient copies of the plat to be approved, and the approving authority shall, after approval, forward one copy to each of the following:
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(a) Shade Tree Commission.
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(b) Township Engineer.
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