12-5 PROCEDURE



§12-5.1 Submission of Subdivision Plat, Minor



a Any owner of land wishing to subdivide or resubdivide land within the township wherein such subdivision meets, or appears to meet, the definition as contained in this chapter for "minor subdivisions" shall file an original and two copies of a minor subdivision application together with 12 copies of the proposed minor subdivision plat, and if the applicant does not intend to file a map in the Sussex County Clerk's Office with respect the proposed subdivision, the applicant shall also file a proposed deed of the subdivision containing, at least, the description of the lot or lots that the applicant proposes to create, together with a fee of one hundred ($100 00) dollars plus twenty-five ($2 5. 00) dollars for each proposed lot



b Minor subdivision plat. The minor subdivision plat shall be based on tax information at a scale not less than one inch equals 100 feet, prepared and certified to by a civil engineer or licensed surveyor and complying with all other requirements of the "Map Filing Law" P L 1960 c 141 (C. 40 23-9 9 et seq.) (If applicable), to enable the entire tract of which the subdivision is a part to be shown on one sheet, of a minimum size of 3' x 2' (where necessary, such other larger sizes permitted by C 40 23-9 9 et seq. ), which includes or shows the following information



1. A key map showing the location of the entire tract, the portion being subdivided clearly delineated by cross hatching or some other appropriate means, adjoining properties and the tax map, lot and block designation of the subject premises and adjoining premises, the street on which the subdivision is located The scale of the key map portion of the subdivision plat shall not be less than one inch equals 400 feet.



2. The entire tract from which a portion is to be subdivided, a north arrow, the scale, and a title block in the lower right-hand corner showing the name of the subdivider, the tax lot and block number of the tract, the name of the preparer of the plat and the date of preparation



3 An area of the entire tract, area and width of the lot at the street line of the lot sought to be created, and the road frontage of the remainder portion



4 In legend form, there shall be indicated the names of all abutting owners and their tax lot and block designations according to the latest tax rolls of the township, the name and address of the owner, subdivider, date of the latest revision, and the number of new lots sought to be created.



5 The portion of the tract sought to be subdivided at a scale of not less than 1 inch equals 100 feet showing, at least, the following



(a) Location of all existing structures and the distances of the structures from the existing property lines and from any new lines sought to be established. The new lot lines shall be shown with all distances to the nearest hundredth of a foot, and all bearings to the nearest second



(b) The location and designation of any streams, ponds, brooks or other natural features within 200 feet



(c) Location and size of all drainage structures within 200 feet



(d) A metes and bounds description of the entire tract and the new lines sought to be established and any plot lines which are to be eliminated so indicated



(e) Name of street and width of right-of-way on which the property fronts, and the location and width of the existing pavement



(f) Soil classification data as mapped by the U.S.D.A. Soil Conservation Service in the "Soil Survey of Sussex County" and soil log and percolation test results



(g) Calculations supporting the proposed area of each lot in accordance with the standards of section 12-8 4 Lot area requirements shall be determined based on the soil classifications mapped by the Soil Conservation Service and as these limitations are applied to density factors of section 12-8 4 The subdivider may provide the plat details required for a preliminary subdivision in Article 4 section 12-6 1d and 12-6 1h in order to modify the Soil Survey Classifications and slope information.



§12-5.2 Approval



a If approved as a complete application for a minor subdivision by unanimous action of the subdivision committee, a notation to that effect shall be made on the minor subdivision plat and the subdivision committee shall report its action at the next meeting of the planning board The acceptance of such a report by the planning board or the approval of the minor subdivision by the planning board, in the event that the action of the subdivision committee was less than unanimous or in the event that planning board approval results without the report of the subdivision committee, shall constitute approval or the application as a minor subdivision The subdivision committee or the planning board may condition such approval on terms insuring the provisions of improvements pursuant to sections 29, 29 1, 29 2, and 41 of the "Municipal Land Use Law" c.291 L. 1975



The planning board chairman and planning board secretary shall then affix their signatures on the plat upon receipt of the report of the county planning board review or upon the expiration of the tune in which the county may make such a report as hereinafter set forth



b If the proposed division of land is exempt from planning board action because it is not a subdivision, as defined herein, a notation that the subdivision is "exempt" shall be made by the planning board



c Upon the applicant filing an application for minor subdivision with the secretary of the planning board, the applicant shall immediately file a copy of his subdivision application with the county planning board in accordance with its requirements.



The copy of the proposed deed, as herein before referred to, should be filed with the county planning board in connection with the applicant's application, and a notation to that effect shall be made by the secretary of the planning board on the township's application If, within 30 days after receiving the plot, the county planning board does not respond to the secretary of the Wantage Township planning board, the plat shall be deemed to have been approved by the county planning board If, within 30 days after receiving the plat, the Sussex County Planning Board shall make a report to the secretary of the township planning board, any conditions imposed by the county planning board shall be appended to the township's application. Three signed copies of the plat, together with the signed deed, shall be returned to the applicant within one week following the next regular meeting of the planning board The plat shall also be signed by the township engineer, which shall evidence compliance with all approved design and improvement standards No further planning board approval shall be required



§12-5.3 Furnishing of Copies.

The secretary of the planning board shall forward one copy to each of the following



a Township clerk



b. Township engineer.



c Building inspector or zoning officer



d Tax assessor



e . Secretary of the planning board I County planning board g Secretary of the board of health.



§12-5.4 Filing of Deed Description



Either a deed or plat shall be filed with the county recording officer in accordance with the provisions of subsection 15-1 8a of the land use procedures ordinance of the township



§12-5.5 Notation of Major Subdivision



If a plat is not approved as minor subdivision a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures applicable to major subdivision as set forth in this chapter



§12-5.6 Submission of Subdivision Plat, Major.



a Any owner of land wishing to subdivide or resubdivide land within the township, wherein such subdivision meets, or appears to meet, the definition as contained in this chapter for major subdivisions, shall file an application together with copies of the preliminary plat as hereinafter set forth



b Prior to submission of a preliminary plat to the planning board the developer may submit a tentative plat and such information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met. The plat and other information shall be submitted to the secretary of the planning board who shall then forward it to the subdivision committee and the township engineer for review Any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval If the subdivision committee finds that the application for development is incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted



§12-5.7 Submission of Preliminary Plat of Major Subdivision for Preliminary Approval



At least 12 black-on-white prints of the preliminary plat map, together with three completed application forms for preliminary approval shall be submitted to the township clerk 30 days prior to the planning board meeting at which consideration is desired. At the time of filing, a fee of two hundred fifty ($250 00) dollars plus twenty-five ($25 00) dollars for each lot shown an the preliminary plat, shall be paid to the township clerk or planning board secretary. The township clerk shall immediately notify the secretary of the planning board upon receipt of an application for preliminary approval. The application shall be filed in accordance with the requirements of the "Land Use Procedures Ordinance of Wantage Township " If the applicant is not the record owner of the title to the property being subdivided, he shall file a written consent, signed by the owner, consenting to the making of the application The secretary of the planning board shall forward one copy thereof to the township clerk



The developer shall simultaneously file one copy with the county planning board and shall also submit an application to the county planning board in accordance with the Sussex County Land Development Standards Ordinance. The county planning board shall have 30 days to review and respond In the absence of a response within 30 days, the county planning board shall be deemed to have approved the plat.



§12-5.8 Notification.



The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provision of the "Land Use Procedures Ordinance of Wantage Township" and C.40.55-D12 If the planning board requires any substantial amendment in the lay-out of improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development including the giving of notice in accordance with the provisions of C 40 55D-12



§12-5.9 Forwarding of Copies of Plat



Copies of the preliminary plat shall be forwarded by the secretary of the planning board prior to the hearing to the following persons



a Secretary of county planning board



b Township engineer



c Secretary of board of health



d Township planning consultant if any



e Such other municipal, county or State officials as directed by the planning board



If the preliminary plat lies within 200 feet of another municipal boundary, a copy of the plat shall be sent by the planning board secretary to the secretary of the planning board of the adjoining community A written statement shall be requested from the adjoining community indicating whether the proposed subdivision of the township is in reasonable harmony with its plans for development. The secretary of the planning board of the adjoining community should be informed of the date of the public hearing and any communications received prior to this date will be considered in relation to the approval or disapproval of the plat



§12-5.10 Time Limit



After the public hearing, the planning board shall take formal action either approving or disapproving the preliminary plat within the time required by C 40 55D-48, viz. For a subdivision of ten or fewer lots the planning board shall grant or deny preliminary approval within 45 days of the date of the submission and in the case of a subdivision of more than ten lots it 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 to the subdivision If the plat is disapproved, the reasons for disapproval shall be given to subdivider