ARTICLE III SUBDIVISION

112-10 ADMINISTRATION OF SUBDIVISION APPROVAL



The approval provisions of this Ordinance shall be administered by the Township of Franklin in accordance with C:55D-1 et seq.



112-11 ADMINISTRATION OF REQUIREMENTS



A. These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Franklin.



B. The approving authority when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provision of this ordinance if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.



C. There shall be no change from final approval except if the applicant affirmatively establishes that a deviation from the final plan is caused by a change of conditions beyond the control of the developer, since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance.



D. MINOR SUBDIVISION COMMITTEE. A Minor subdivision Committee is hereby created consisting of two members of the Planning Board (at least one of which will be present at each meeting of the Committee), the Township Planning Director and the Township Engineer or his representative. One alternate member of the Planning Board shall be appointed and shall assume all of the duties of either. of the regular members in his absence. (Added 3/27/90 by ordinance #1559)



E. The Planning Board shall have the power to grant preliminary and final subdivision approval simultaneously, provided all application requirements have been met. [Added 6/23/92 by ordinance #1715)



112-12 MINOR SUBDIVISION/SKETCH PLAT



[Amended 6/23/92 by Ordinance #1715]



A. SUBMISSION OF MINOR SUBDIVISION/SKETCH PLAT



Any applicant for subdivision within the Township of Franklin shall, prior to subdividing or resubdividing land as defined in this ordinance, submit to the Secretary of the Planning Board, at least two (2) weeks prior to the Minor Subdivision Committee Meeting of the Planning Board the following:



One original and one copy of the application, required fees, twenty (20) copies of the subdivision map, proof of submission to the following outside agencies: county Planning Board, D & R Canal Commission, Somerset Union Soil Conservation District, Franklin Township Sewerage Authority and any other outside agency which may be determined by the Planning staff.



B. CONTENT OF MINOR SUBDIVISION PLAN



The minor subdivision plan shall be clearly and legibly drawn or reproduced at a scale of one (1) inch equals 100 feet by a licensed New Jersey land surveyor (for tracts greater than 10 acres, a scale of 1=200' may be used). The plat shall show or be accompanied by the following information:



(1) A key map, oriented in the same direction as the plat, showing the entire subdivision in relation to the surrounding area;



(2) All existing streets, roads and streams on and within 500 feet of the tract;



(3) The names of owners and tax map lot numbers of all adjoining properties;



(4) The tract name, tax map sheet, block and lot numbers, date of plat, revision date with notation as to purpose of revision, reference meridian, scale, graphic scale and the names and addresses of the following:



(a) Record owner or owners;



(b) Developer (subdivider);



(c) Surveyor, license number and address;



(d) The location, bearing and distance of the boundary lines of the property and of the proposed lots;



(e) The acreage of the entire tract and the proposed lots in acres to the nearest tenth and square footage to the nearest tenth;



(f) The location of all structures (buildings, culverts, storm sewers, water lines, electric and telephone poles, etc.) and other man-made features and wooded areas on the property to be subdivided;



(g) Sufficient elevations or contours to determine the general slope and natural drainage of the land;



(h) The seal of a licensed surveyor;



(i) A statement indicating the availability of public water and/or sewer facilities;



(j) Indication of anticipated domestic water demand and the amount of septic effluent;



(k) Approved connections with existing water supply and sanitary sewerage system;



(l) If alternate means of providing water supply and sanitary water disposal is proposed, the following information is to be provided:



(1) Location of proposed building, on-site well and septic system layout;



(2) Location of percolation tests and soil logs;



(3) Results of percolation test and soil logs;



(4) Location of existing wells and septic drainage fields on adjacent property(ies).



(m) Indication of any wetlands on site as identified on the U.S. Fish and Wildlife Maps, by inspection or by other method approved by the Township;



(n) Proposed provisions for collecting and discharging storm water drainage;



(o) Development Chart indicating the required information, existing and proposed information for each lot as follows: Minimum size of Lot (square footage and acreage), minimum frontage, minimum front yard, minimum side yard, minimum total of two side yards, minimum rear yard, impervious coverage (square footage and percentage), accessory buildings (minimum side yard and minimum rear yard).



(p) Include a road map indicating the planned route by which all contractors, equipment, supplies, materials and other such items necessary for construction will be routed to the site so as to avoid, as far as possible, the necessity of transiting existing residential areas and neighborhoods. [Added 5/9/00 by Ord. No. 3128]



C. EXEMPTIONS AND EXCEPTIONS



The Minor Subdivision Committee, upon classification of an application as a minor subdivision, may waive subdivision review requirements when the impact of the proposed subdivision on the community, surrounding neighborhood and site will be minimal. No submission review requirements shall be waived where a variance is proposed, or where an inspection of the site indicates that one or more of the lots resulting from the subdivision may be unbuildable due to the extent of wetlands. Based on a minor subdivision plan, the Minor Subdivision Committee shall make such finding that the principles and standards as contained in Section 112-23 of this ordinance are substantially satisfied and that no further determination is required (Added 3/27/90 by ordinance No. 1559)



**Webmasters Note: The previous subsections, B(4) through C, have been amended as per the 2000 Supplement.



D. REPORT TO PLANNING BOARD. A summary of the results of all meetings of the Minor Subdivision Committee shall be reported by the Director of Planning to the Planning Board at the next regular meeting. (Added 3/27/90 by Ordinance No. 1559)



E. TIME PERIOD. Upon submission to the Secretary of the Planning Board of a complete application for a minor subdivision/sketch plat, the Planning Board shall grant approval, deny or classify said sketch plat as a major subdivision with 45 days of the date of such submission or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the Administrative office 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.



When the Planning Board is called upon to exercise its ancillary powers before the granting of a variance, the Planning Board shall grant or deny, approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.



F. APPROVAL/CLASSIFICATION



(1) If classified and approved as a minor subdivision by the Subdivision Committee, a notation to that effect will be made on the sketch plat. The plat will then be forwarded to, the Chairman of the Planning Board and Secretary of the Planning Board for their signatures and returned to the subdivider within a reasonable time. No further Planning Board approval shall be required.



(2) Before the Secretary of the Planning Board returns any approved sketch plat to the subdivider, the subdivider shall have sufficient copies made, if necessary, to furnish one copy to the following:



(a) Township Engineer;



(b) Building Inspector or Zoning officer;



(c) Tax Assessor;



(d) Planning Board Secretary; and



(e) Township Planning Board Office



(3) If the plat is classified as a major subdivision, a notation to the effect shall be made on the plat which will be returned to the subdivider for compliance with the procedure in Section 112-

13.



G. EFFECT OF APPROVAL. 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 Act, P.L. 1960, c. 141 (C. 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 Municipal Engineer and the Municipal Tax Assessor. Any such plat 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 (C46.23-9.9 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 with the provisions of said act.



H. LENGTH OF APPROVAL. Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity or deed in conformity with such approval is filed with the County Recording Office within that time. However, the variance(s) granted in conjunction with a minor subdivision shall expire two years after the date of approval, provided that the deed or plat has been duly recorded pursuant to Section C 40:55D-

47. Amended 5/13/93 by Ord. No. 1774]