A.Taxes and assessments As a condition for any subdivision application, the applicant must submit proof from the Township Tax Collector or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made
B.The Developer shall submit to the Secretary of the Planning Board prior to the public hearing
1 Certification of ownership. or
2 Certification from the owner of authority to the applicant to subdivide the land
C.Exceptions to Application of Minor Subdivision, or Preliminary Subdivision Approval, The reviewing board when acting upon an application for minor subdivision approval or preliminary subdivision approval shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this Ordinance, if the literal enforcement of one (1) or more provisions of this Ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question
A.An applicant for approval of a minor subdivision shall submit eight (8) copies of a sketch plat. conforming to the requirements of Section 9 5 2, to the Secretary of the Planning Board at least four (4) weeks prior to the regular meeting of the Planning Board together with three (3) completed applications for the proposed subdivision and appropriate filing fees and deposits
B. The Secretary of the Planning Board shall distribute the copies as follows
C.The Planning Board shall review the submitted sketch plat and designate the subdivision as a minor subdivision if it conforms to the definition specified in Part 2 If so designated, an annotation to that effect shall be made on the plat If not designated as a minor subdivision, the application may receive further consideration only as a major subdivision in accordance with the requirements of Sections 9 4 3. 9 4 4, and 9 4 5
D.If the subdivision is designated as a minor subdivision. the Planning Board shall review the sketch plat and approve said minor subdivision if it is found to be in conformance A with the intent and standards of this Part 9.
E.Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant Failure of the Planning Board to act within such time shall constitute minor subdivision approval
F.The Planning Board may condition such approval upon terms insuring the improvements pursuant to the terms of N.J.S A 40.55D- 1 et seq , this Ordinance or other ordinance requiring any such improvements and guarantees posted
G.Whenever review of approval of the application by the County Planning Board is required, 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
H.Following the approval. the applicant shall submit to the Planning Board either a drawing complying with the provisions of the Map Filing Laws, or a deed, and six (6) copies thereof
I. Approval of a minor subdivision shall expire one hundred ninety (1 90) days from the date of publication of municipal approval unless within such time period a plat in conformity with such approval and provisions of the Map Filing Law. (N J.S.A 46:23-9 et seq ) or deed clearly describing the approved minor subdivision. is signed by the Chairman and Secretary of the Planning Board or by the Chairman and Secretary of the Zoning Board of Adjustment and filed by the applicant with the County Recording Officer, and submitted by the applicant to the Township Engineer. the Township Tax Assessor, the Planning Board and the Construction Official
J.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 (2) years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this Section
Reserve this Section
A.General
An applicant for approval of a proposed major subdivision shall submit a preliminary plat of the subdivision describing the general design of the subdivision and its public improvements and containing the information required by Sections 9 5 4 and 9 5 5 of this Part Approval of the preliminary plat shall not be considered a valid basis for the construction of any site improvements
B.Procedures
Applicant shall submit to the Secretary of the Planning Board
a Application for Subdivision Plat Approval. three (3) copies
b Preliminary Plat, ten (10) copies
c Filing fees and deposits as provided hereinafter
d Environmental Impact Statement, five (5) copies
2 Township Engineer shall
a Transmit fees to the Township Treasurer
b Notify Developer within forty-five (45) days of submission if the application is not complete
c Note the filing date of the preliminary plat and the date that the application is deemed to be a complete application
3. Upon determination by the Township Engineer that the application is complete, in accordance with the paragraph above, subsection B 2, the Township Engineer shall retain one (1) complete copy of preliminary plat for public inspection and shall forward the remainder to the Planning Board Secretary who shall distribute the following remaining copies as follows
4 Upon submission to the Secretary of the Planning Board of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the applicant. Upon submission of a complete application for subdivision of more than ten (10) lots. the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of submission or within such further time as may be consented to by the applicant Otherwise, the Planning Board shall be deemed to have granted preliminary approval
5 Notification
The Secretary of the Planning Board shall, and the applicant may. cause notice of a public hearing on the preliminary plat submission to be published in the official newspaper of the Township at least ten (1 0) days prior to the date for a hearing The applicant shall give notice of the hearing on the application pursuant to the requirements of the Municipal Land Use Law (N J S A 40.55D-12) its amendments and supplements hereto. Said notice shall state the time and place of the hearing, a brief description of the subdivision, and the announcement that a copy of said preliminary plat has been filed with the Township Engineer for public inspection
6 Procedure for Approval
a A hearing shall be held prior to the date the Planning Board is required to act pursuant to the terms of this Ordinance and N J S A 40 55D-1 et seq , including any extensions of time as may be consented to by the applicant
b The Planning Board shall approve or disapprove the subdivision by written resolution
c Whenever review or approval of the application by the Count) Planning Board is required, the Planning Board shall condition any approval that it grants upon 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
d A copy of the action taken by the Planning Board shall be forwarded to the applicant. or his representative who appeared for him. within ten (10) days of the date of the decision, to the Township Clerk, to the Township Engineer and shall be published in accordance with the N J S A 40 55D-1 et seq Each decision shall be in writing and shall include findings of fact and conclusions based thereon
e If the Planning Board approves the preliminary plat, the Chairman of the Board shall sign two (2) copies of the preliminary plat with a notation that it has received approval. one of the plats being returned to the applicant for compliance with final plat approval requirements as hereinafter provided Prior to the return of the signed plats to the applicant. the applicant shall provide the Township Engineer with six (6) complete sets of prints of the approved preliminary plat maps
C. Expiration of Preliminary Approval
Planning Board approval of the preliminary plat shall expire three (3) years after the date of such formal action except in cases of fifty (50) acres or more, extensions may be granted pursuant to N J S A 40.55D-49d, its amendments and supplements thereto
D.Rights Conferred Upon Preliminary Approval
Planning Board approval of the preliminary plat confers upon the subdivision applicant the following rights
1 That the general tennis 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 municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety,
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 maps pursuant to N J S A 40 55D-49b.
3 That the applicant may apply for and the Planning Board 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 may govern
E.Developer's agreement
As a condition of approval and prior to the signing of any Preliminary Plat. the applicant shall be required to execute a developer's agreement prepared in accordance with Section 4 5 4 of this Ordinance
A.Scope
1 A final plat and supporting drawings and documents for a proposed subdivision constitute the complete subdivision development proposal and includes the recommendations resulting from the Planning Board review of the preliminary plat as well as the improvements and Utility Plans After approval by the Planning Board, this complete submission, accompanied by any required performances and/or maintenance guarantee, as approved by the Township Committee, for those improvements which are not required to be completed prior to consideration of the final subdivision plat. becomes the basis for the construction of the uncompleted portions of the subdivision The plat itself must be recorded at the County Clerk's Office to have legal status An unrecorded plat is not a valid basis for completion of site improvements or other commitments
2 The final plat itself shall be an accurate survey record of the properties resulting from the subdivision
3 All final plats shall be prepared in accordance with the requirements of the Map Filing Law N.J.S.A. 46 23-9.9 et seq.
B.Procedures
Applicant shall submit to the Township Engineer
a Three (3) copies of the Application for Final Plat approval
b Ten (10) paper prints of the Final Plat
c Evidence of guarantees or completion of all improvements except for sidewalks and final paving course on all streets pursuant to N J S A 40 55D-53
d A letter. in appropriate cases. directed to the Chairman of the Planning Board signed by a responsible official of the State Department of Transportation or the County Road Department. approving construction on State or County rights-of-way
e A Deed of Dedication for all properties, including title to streets. rights-of-way and easements, which are now being offered to the Township for dedication
f Filing fees and deposits as required by this Ordinance
g A statement from the Tax Collector that all real estate taxes on the subject property have been paid to date
2 The Township Engineer shall
a Transmit all fees to the Township Treasurer
b Inform applicant of any application deficiencies
c Notify the Secretary of the Planning Board of the filing date of the final plat and the date such submission is deemed to be properly complete
3 Upon determination by the Township Engineer that the application is complete, the Township Engineer shall retain one (1 ) copy of the complete application for public inspection and forward the remainder to the Secretary of the Planning Board who shall distribute the remaining copies as follows
4 Upon submission to the Secretary of the Planning Board of a complete application, the Planning Board shall grant or deny final approval within forty-five (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 prescribed period shall constitute final approval and a certificate signed by the Chairman of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant
5 Notification
Reserve Section Number
6 Procedure for Approval
a A hearing shall be held prior to the date the Planning Board is required to act pursuant to the terms of this Ordinance and N J S A 40 55D- 1 et seq , including any extensions of time as may be consented to by the applicant
b The Planning Board shall approve or disapprove the subdivision by written resolution
c Whenever review or approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon receipt of a favorable report on the application by the County Planning Board or approval by the Count), Planning Board by its failure to report thereon within the required time period.
d A copy of the action taken by the Planning Board shall be forwarded to the applicant, or his representative, within ten (10) days of the date of the decision, to the Township Clerk, to the Township Engineer and shall be published in accordance with the N J S A 40 55D-1 et seq
e If the Planning Board approves the final plat, and all conditions have been met. the Chairman of the Board shall sign and date the corrected final plat and one copy with a notation that it has received approval, said plats being returned to the applicant for compliance with final plat approval requirements as hereinafter provided, provided, however, the applicant shall have provided the Township Engineer with eight (8) complete sets of corrected prints of the approved final improvements plans, along with two (2) opaque cloth prints and two (2) Mylar tracings of the final plat
f The Planning Board Clerk shall distribute the final plat drawings in the following manner
7 Improvements
After completion of any public improvements and prior to the release of any, Performance Guarantees, the Developer shall resubmit Improvement and Utility Plan and Profiles amended to indicate all "As Constructed" plans and information and shall apply to the Township Engineer for final inspection of the work in accordance with N J.S.A 40 55D-5 id
C.Expiration of Final Approval
Planning Board approval of the final plat shall expire two (2) years after the date of such final action except in the case of a planned unit development of fifty (50) acres or more or conventional subdivision for one hundred fifty (1 50) acres or more, where the time until expiration may be altered pursuant to N J S A 40 55D-52b, its amendments and supplements thereto
D.Rights Conferred Upon Final Approval
1 The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the Developer pursuant to N J S.A 40 55D-49, whether conditionally or otherwise, shall not be changed for a period of two (2) 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 NJ S A 40 55D-54
2 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 N J S A 40 55D-54, the Planning Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions Notwithstanding any other provisions of this Ordinance. the granting of final approval terminates the time period of preliminary approval pursuant to N J S A 40 55D-49 for section granted final approval
E.Improvements Prior to Final Approval
1 If the Developer desires to install any improvements required under the provisions of this Part before he obtains final approval. he shall. prior to the start of any construction of such improvements, submit for approval by the Township Engineer and the Planning Board the following
a Improvement and Utility Plans prepared in accordance with this Part
b Inspections fee
c Copies of all permits and approvals required for construction of such improvements
d A statement from the Tax Collector that all real estate taxes and municipal assessments on the subject property have been paid to date
2 The Developer shall proceed at his own risk with the construction of any improvements and without assurance that the improvements installed will be granted final approval
