[Added 2-12-1997 by Ord. No. 0-1-97]
Divisions of land found by the Planning/Zoning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size, and no new streets are created, shall not be considered subdivisions within the meaning of the Municipal Land Use Law. Procedures for this type of application are as follows:
A. Filing. The applicant must submit 15 copies of a certified survey plat depicting the property in question and clearly showing the location of existing houses, buildings and other structures, with accurate dimensions for all existing and proposed lot lines and identifying any adjacent lot(s) owned by proposed grantor(s) or grantee(s) of lots to result from the proposed division. The plan must also include Tax Map sheet, block and lot numbers, and the zone district designation(s) of the lot(s) to be divided, and the acreage of all existing and proposed lots as measured to the roadway right-of-way. The applicant must submit an original and three copies of the deeds which shall effectuate the division, which deeds must meet all recording requirements set forth at N.J.S.A. 46:15-1.1, and include the metes and bounds descriptions drawn from the aforementioned plan. The deeds must include the language "This division of farmland has been found by the South Harrison Township Planning/Zoning Board to be for agricultural purposes and exempt from subdivision review and approval pursuant to N.J.S.A. 40:55D-7.," followed by signature lines for the Planning/Zoning Board Chair and Secretary. All information must be submitted at least 10 days prior to the Planning/Zoning Board meeting at which the application will be considered. The Board shall not review the application until it has received a complete application and all applicable fees.
B. Referral. Upon receipt of the above described materials, the Planning/Zoning Board Secretary shall forward a copy of the plan and deeds to the Township Engineer and Planning/Zoning Board Solicitor. The Township Engineer shall review the plan to confirm that the acreage is greater than five acres and any other necessary determinations. The Township Engineer shall also review the legal descriptions contained in the deeds to ascertain that they conform to the metes and bounds measurements as depicted on the plan. The Planning/Zoning Board Solicitor shall review the form of the proposed deeds.
C. Hearing. At the next regular meeting to take place no less than 10 days subsequent to receipt of all of the above referenced materials, the applicant(s) and the proposed owners for each of the proposed lots must testify as to the nature of the proposed division and answer any questions Board members and its officials may have. The Board shall approve the division if:
(1) It meets the requirements set forth in N.J.S.A. 40:55D-7;
(2) The Township Engineer and Planning/Zoning Board Solicitor have approved the legal descriptions and form of deeds; and
(3) All other application requirements are met. Upon approval, the Chair and Secretary shall sign the deeds in the appropriate spaces. If the Board determines that the requirements of N.J.S.A. 40:55D-7 have not been met it shall memorialize its findings and conclusions in a duly adopted resolution, and the applicant may make further application as may be permitted and/or required by law.