Township of Pemberton, NJ Article II Submission of Sketch Plat for Minor and Major Subdivisions

[Amended 1-31-1977 by Ord. No. 1-1977]

§ 159-4 Purpose of sketch plat.

A sketch plat is required of all applicants seeking a division of land and is intended to serve as an initial step in subdivision procedure. It provides the subdivider and Planning Board with an opportunity to discuss the subdivision in the formative stages of design and provides the basis for classification.

§ 159-5 Procedures for submitting.

A. Applicant shall submit to the Secretary of the Planning Board, at least three weeks prior to the regular meeting of the Board, 11 copies of the sketch plat of the proposed subdivision for purposes of classification, preliminary discussion and appropriate action; three copies of the application; and a fee of $25 to cover costs. The Secretary of the Planning Board shall immediately forward one copy of the plan to the following officials for review and report:

(1) Planning Board Solicitor.

(2) Planning Board Engineer (three copies).

(3) Burlington County Planning Board (two copies) when required for county purposes.

(4) Subdivision Committee (if appointed).

(5) Pinelands Commission if required pursuant to § 159-7.

[Added 8-6-1982 by Ord. No. 15-1982]

B. The Subdivision Committee, if appointed, shall make its recommendations at the next regular meeting of the Planning Board. The Planning Board shall determine whether the application is complete. If the application is found to be incomplete or if the Board requires any substantial change in layout, the subdivider shall be notified within 45 days of the submission of the application.

C. The Planning Board shall take action on sketch plat applications within 45 days after the submission of a complete application or within such further time as may be consented to by the applicant. Notice of decisions shall be provided as required under N.J.S.A. 40:55D-9.

D. If classified and approved as a minor subdivision, the Board shall waive notice and hearing thereon, and the subdivision shall be deemed approved. A notation to that effect shall be made on the master copy and all prints of the sketch plat over the signatures of the Chairman and Secretary of the Planning Board (or Acting Chairman or Secretary where either or both may be absent).

E. If classified as a major subdivision, the plat shall be returned to the applicant for compliance with Article III, Major Subdivision Procedure.

F. Failure of the Board to act within the 45 days or such further time as agreed to by the applying party shall be deemed to be favorable approval of the minor subdivision. In such case, the Planning Board Secretary shall certify the submission date of the sketch plat and the failure of the Board to act within the specified time period, and this certification shall be sufficient for filing the plat.

G. A plat map drawn in compliance with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or deed description shall be filed by the subdivider with the county recording officer within 190 days from the date of approval by the Planning Board of the minor subdivision sketch plat. Any such plat or deed accepted for filing shall have been signed by the Chairman and Secretary of the Planning Board. Unless filed within the 190 days, the approval shall expire and will require Planning Board approval as in the first instance. 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 of minor subdivision approval by the Planning Board, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

§ 159-6 Details of sketch plat.

A. The plat shall be prepared by a licensed professional engineer or a licensed land surveyor in compliance with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., and include the following information:

(1) The tract name, Tax Map block and lot numbers, date, reference meridian, graphic scale and the following names and addresses:

(a) Name and address of record owner or owners.

(b) Name and address of person who prepared map.

(c) The applicant's name and address if different from the owner, and the owner's signed consent to the filing of the application.

[Amended 8-6-1982 by Ord. No. 15-1982]

(2) Tract boundary lines, rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.

(3) The purpose of any easement or land reserved or dedicated to public use shall be designated.

(4) Minimum front, side and rear building setbacks lines of each lot and on all other sides in the proposed subdivision.

(5) Location and description of all monuments.

(6) Names of owners of adjoining land.

(7) Acreage of tract to be subdivided to nearest tenth of an acre.

(8) Existing zoning shall be noted on the plat.

(9) All existing structures, wooded areas, wetlands and vegetation within the portion to be subdivided and within 200 feet thereof.

[Added 8-6-1982 by Ord. No. 15-1982]

(10) General description of proposed drainage, water and sanitary facilities. In the case of sanitary facilities, the location, size, type and capacity shall be shown and results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq.

[Added 8-6-1982 by Ord. No. 15-1982]

(11) Location of proposed development on a soils map.

[Added 8-6-1982 by Ord. No. 15-1982]

(12) All areas designated as wetlands under the Pinelands Comprehensive Management Plan if within the Pinelands Area, or so stated if there are none.

[Added 8-6-1982 by Ord. No. 15-1982]

(13) Within the Pinelands Area, any other information required under § 159-7B and C below.

[Added 8-6-1982 by Ord. No. 15-1982; amended 4-6-1989 by Ord. No. 11-1989]

B. Information to be supplied with plat.

(1) A key map showing the entire subdivision and its relation to surrounding areas, preferably at a scale of not less than 400 feet to the inch. The key map shall show not less than the following information: (a) The location of all streams within 500 feet of the tract or proposed subdivision.

(2) Certification that the applicant is the agent or owner of the land, or that the owner has given consent under an option agreement.

(3) A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the minor subdivision plat.

§ 159-7 Special procedures in Pinelands Area.

[Added 8-6-1982 by Ord. No. 15-1982; amended 4-6-1989 by Ord. No. 11-1989]

A. Applicability of procedures.

(1) No person shall carry out any development within the Pinelands Area without obtaining approval from the approving agency and without obtaining development approval in accordance with the procedures set forth in this section.

(2) Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this section:

(a) The improvement, expansion or reconstruction, within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto;

(b) The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;

(c) The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;

(d) The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;

(e) The repair of existing utility distribution lines;

[Amended 4-3-1997 by Ord. No. 1-1997]

(f) The clearing of less than 1,500 square feet of land;

(g) The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:

[Amended 8-7-2019 by Ord. No. 24-2019]

[1] If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

[2] If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.

(h) The demolition of any structure that is less than 50 years old;

(i) The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;

[Added 4-3-1997 by Ord. No. 1-1997]

(j) The repair or replacement of any existing on-site wastewater disposal system;

[Added 4-3-1997 by Ord. No. 1-1997]

(k) The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur;

[Added 4-3-1997 by Ord. No. 1-1997; amended 8-7-2019 by Ord. No. 24-2019]

(l) The clearing of land solely for agricultural or horticultural purposes;

[Added 4-3-1997 by Ord. No. 1-1997; amended 8-7-2019 by Ord. No. 24-2019]

(m) Fences, provided that no more than 1,500 square feet of land is to be cleared;

[Added 4-3-1997 by Ord. No. 1-1997]

(n) Aboveground telephone equipment cabinets;

[Added 4-3-1997 by Ord. No. 1-1997]

(o) Tree pruning;

[Added 4-3-1997 by Ord. No. 1-1997]

(p) The following forestry activities:

[Added 4-3-1997 by Ord. No. 1-1997]

[1] Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

[2] Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;

[3] Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and

[4] Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year;

(q) Prescribed burning and the clearing and maintaining of fire breaks;

[Added 4-3-1997 by Ord. No. 1-1997]

(r) Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 190-50C(3);

[Added 4-3-1997 by Ord. No. 1-1997]

(s) The installation of an accessory solar energy facility on any existing structure or impervious surface;

[Added 8-7-2019 by Ord. No. 24-2019]

(t) The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6;

[Added 8-7-2019 by Ord. No. 24-2019]

(u) The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed; or

[Added 8-7-2019 by Ord. No. 24-2019]

(v) The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

[Added 8-7-2019 by Ord. No. 24-2019]

(3) The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

(4) Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.

B. Application requirements for minor development. Any application for approval of minor development shall include at least the following information:

(1) The applicant's name and address and his interest in the subject property.

(2) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

(3) The legal description, including block and lot designation and street address, if any, of the subject property.

(4) A description of all existing uses of the subject property.

(5) A brief written statement generally describing the proposed development.

(6) A United States Geological Survey quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown.

(7) A plat or plan showing the location of all boundaries of the subject property and the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

(a) On-site treatment facilities: location, size, type and capacity of any proposed on-site wastewater treatment facilities.

(b) Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 190-50H of Chapter 190, Zoning.

(8) A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site; all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

(9) A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.

(10) A map showing existing vegetation, identifying predominant vegetation types in the area and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.

(11) A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

(12) When prior approval for the development has been granted by the approving agency, evidence of Pinelands Commission review pursuant to § 159-7E below.

(13) In lieu of Subsection B(1) through (12) above,the application requirements of § 190-66.1 shall apply to applications for the development of a single-family dwelling on an existing lot of record.

[Added 8-7-1997 by Ord. No. 19-1997]

C. Application requirements for major development. All applications for major development shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the following:

(1) A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

(2) When prior approval for the development has been granted by the approving agency, evidence of Pinelands Commission review pursuant to § 159-7E below.

D. Notice to the Pinelands Commission.

[Amended 8-7-1997 by Ord. No. 19-1997; 8-7-2019 by Ord. No. 24-2019]

(1) Applications submission and modifications. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:

(a) The name and address of the applicant.

(b) The legal description and street address, if any, of the parcel that the applicant proposes to develop.

(c) A brief description of the proposed development, including uses and intensity of uses proposed.

(d) The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

(e) The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency.

(f) The approval agency with which the application or change thereto was filed.

(g) The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports.

(h) The nature of the municipal approval or approvals being sought.

(2) Meetings and hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

(a) The name and address of the applicant.

(b) The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

(c) The date, time and location of the meeting, hearing or other formal proceeding.

(d) The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding.

(e) Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

(f) The purpose for which the meeting, hearing or other formal proceeding is to be held.

(3) Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:

(a) The name and address of the applicant.

(b) The legal description and street address, if any, of the parcel that the applicant proposes to develop.

(c) The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

(d) The date on which the approval or denial was issued by the approval agency.

(e) Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

(f) Any revisions to the application not previously submitted to the Commission.

(g) A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.

(4) Except as provided in § 190-66.1, the requirements of § 159-7D shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.

E. Review by the Pinelands Commission.

(1) Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 159-7D(3) above, the application for development shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.

(2) Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.

(3) Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.

(4) Except as provided in § 190-66.1, the requirements of § 159-7E shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.

[Added 8-7-1997 by Ord. No. 19-1997]

F. Condition on prior approvals of the Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

(1) Notification is received from the Pinelands Commission that review of the Township's approval is not required; or

(2) Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.

G. Effect of Pinelands Commission decision on Township approval. If the Pinelands Commission disapproves an application for development previously approved by the approving agency, such approval shall be revoked by the approving agency within 30 days, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of the approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

H. Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.

I. Environmental Commission review. All applications for major development shall be referred to the Environmental Commission for review and comment.