[Amended 10-16-2002 by Ord. No. 12-02]
Developers are encouraged to request an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development to the Board so that the Board may be informed of the applicant's intentions, classify the proposed subdivision as major or minor, and so that the applicant may obtain the advice of the Board and other Township officials in the early stages of the design in order to avoid undue expense and delay in preparing more detailed plans and specifications. If a concept plan is submitted, for applications under the jurisdiction of the Planning Board, prior to review by the full Board, the Secretary shall refer the concept plan and any supporting documents to the Development Review Committee for its review and recommendation. Such Committee shall not be governed by any statutory time limits in its review of concept plans. The developer shall not be bound by any concept plan for which informal review is requested, and the Board shall not be bound by any such review. The request for concept plan review shall be accompanied by any applicable fees in accordance with Chapter 171.
A. 
Purpose of submission of sketch plat. A sketch plat is required of all applicants seeking approval of a minor subdivision (except for those seeking merely a concept discussion with a committee designated for such purpose by the Board) so that the Board may be informed of the applicant's intentions and may classify the proposed subdivision as major or minor and so that the applicant may obtain the advice of the Board and other Township officials in the early stages of the design.
B. 
In those instances in which the Planning Board has the authority to administer and implement this article with respect to an application for minor subdivision approval, the Planning Board is hereby empowered to designate a committee of the Planning Board to so act on its behalf and to adopt rules and regulations relating to the procedures of the committee. Any reference contained in this chapter to "Board" or "Planning Board" shall be deemed to be a reference to a committee of the Planning Board if the Planning Board designates such a committee to so act.
[Amended 4-11-1988 by Ord. No. 4-88]
C. 
Procedures for submitting sketch plat for minor subdivision approval.
(1) 
The applicant for minor subdivision approval shall submit 20 copies of a complete sketch plat application, with a sketch plat attached, to the Secretary of the Board at least 14 days prior to the regular meeting of the Board at which consideration is desired; provided, however, that if the application is submitted to the Planning Board and if the Planning Board has designated a committee to act on its behalf with respect to minor subdivision applications pursuant to Subsection B of this section, the applicant shall instead submit 10 of such copies sufficiently, prior to the date by which consideration is desired, so as to permit the chairman of such committee to schedule a meeting to act on the application at the mutual convenience of the applicant and such committee. The sketch plat application shall be accompanied by payment of an application fee and technical review fee in accordance with Chapter 171 of this Code. Also see Chapter 171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements.
(2) 
Immediately upon the receipt of a sketch plat, the Secretary of the Board shall furnish one copy of the plat, together with supporting documents, to each of the following:
(a) 
The Township Engineer.
(b) 
The Secretary of the Board of Health.
(c) 
The Morris County Planning Board, when required.
(d) 
The Clerk of an adjoining municipality, when required.
(e) 
Such other Township, county or state officials or agencies as directed by the Board.
(3) 
If the Morris County Planning Board has approval authority with respect to the application pursuant to N.J.S.A. 40:27-6.2 et seq. (applications along county roads or affecting county drainage facilities), its action shall be noted on the sketch plat, and, if disapproved, a statement of the reasons for disapproval shall be returned to the applicant with the plat. If, within 30 days after receiving the sketch plat, the Morris County Planning Board does not comment thereon in writing to the Secretary of the Board, the sketch plat shall be deemed to have been approved by the Morris County Planning Board.
(4) 
Whenever a sketch plat is submitted for approval of a minor subdivision which fronts on an existing public road, one copy of a deed of dedication or easement shall be included in the application to provide a sufficient right-of-way where the existing road right-of-way is less than the minimum requirements of the public entity which owns the road; provided, however, that the application shall not be deemed incomplete for failure to submit such deed or easement.
(5) 
The Board shall act upon an application for approval of a minor subdivision within 45 days of the submission of a complete application to the Secretary of the Board or within such further time as may be consented to by the applicant.
(6) 
If the sketch plat is disapproved, the reasons for disapproval must be remedied before an amended sketch plat can be submitted and acted upon as in the case of an original sketch plat.
(7) 
If the Board grants an application for minor subdivision approval, any conditions of such approval (other than those imposed by law) shall be set forth in the resolution adopted by the Board. When all conditions precedent to signing the sketch plat have been met, the plat shall be submitted to the Chairman of the Board and the Secretary of the Board for their signatures, which shall be certification that the subdivision is exempt from obtaining further Board approval.
(8) 
Before the Secretary of the Board returns the signed original of any approved sketch plat to the subdivider, he shall be provided with five copies thereof for distribution to other Township representatives.
(9) 
The signed sketch plat of a minor subdivision shall be returned to the subdivider within one week after the Chairman of the Board and the Secretary of the Board have signed it.
(10) 
Except as provided in Subsection C(13) below, approval of a minor subdivision shall expire 190 days from the date on which the resolution of approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the Morris County Clerk, the Township Engineer and the Township Tax Assessor. Prior to the recording of any such deed, it shall have been approved by the Board's Attorney, particularly as to easements required or approved in connection with the minor subdivision. 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 accept a plat not in conformity with the Map Filing Law, 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 law.
[Amended 10-13-1992 by Ord. No. 12-92]
(11) 
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 on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
[Added 10-13-1992 by Ord. No. 12-92]
(12) 
Unless the application for minor subdivision approval is acted upon by a committee of the Planning Board pursuant to Subsection B above, the Secretary of the Board shall cause an official notice of the approval of a minor subdivision to be published in a newspaper of general circulation within the Township.
(13) 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection C(10) above, if the subdivider proves to the reasonable satisfaction of the Planning Board that the subdivider was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the subdivider applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The subdivider may apply for the extension either before or after what would otherwise be the expiration date.
[Added 10-13-1992 by Ord. No. 12-92]
(14) 
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the subdivider proves to the reasonable satisfaction of the Board that the subdivider was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the subdivider applied promptly for and diligently pursued the required approvals. A subdivider shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the subdivider receives the last legally required approval from other governmental entities, whichever occurs later.
[Added 10-13-1992 by Ord. No. 12-92]
D. 
Details of sketch plat. The sketch plat shall be drawn by a licensed New Jersey land surveyor in compliance with the applicable provisions of Article XV, Design Standards for Subdivisions, and shall be based on a current field survey performed under the supervision of a licensed New Jersey land surveyor who must sign and seal the plat. The entire tract shall be shown on one sheet unless waived by the Board. It shall also show or be accompanied by all of the applicable items set forth on Checklist A.[1]
[1]
Editor's Note: Checklist A is included at the end of this chapter.
A. 
Purpose for submission of preliminary plat. A preliminary plat and supporting documents are required so that the Planning Board may approve a specific design of a major subdivision and its public improvements. "Preliminary approval" means that the approval is subject to consideration of the final plat.
B. 
Procedures for submitting preliminary plat.
(1) 
The subdivider shall submit 20 copies of a complete application, including completed application forms, each with a copy of the preliminary plat and supporting documentation, including the soil erosion and sediment control plan if required by Article XVII, Soil Erosion and Sediment Control, of this chapter, to the Secretary of the Board at least three weeks prior to the regular Board meeting at which consideration is desired. The application shall be accompanied by an application fee together with a technical review fee in accordance with Chapter 171. See also Chapter 171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements.
[Amended 9-4-2002 by Ord. No. 11-02]
(2) 
Immediately upon the receipt of a preliminary plat, the Secretary of the Board shall furnish one copy of the plat, together with supporting documents, to each of the following:
(a) 
If under the jurisdiction of the Planning Board, the Development Review Committee.
(b) 
The Township Engineer.
(c) 
The Secretary of the Board of Health.
(d) 
The Morris County Planning Board, when required.
(e) 
The Clerk of an adjoining municipality, when required.
(f) 
The Township Environmental Commission.
(g) 
The Township Historic Preservation Commission, when required.
(h) 
The Shade Tree Advisory Committee.
(i) 
Such other Township, county or state officials or agencies as directed by the Board.
(3) 
If the Morris County Planning Board has approval authority with respect to the application pursuant to N.J.S.A. 40:27-6.2 et seq. (applications along county roads or affecting county drainage facilities), its action shall be noted on the preliminary plat, and, if disapproved, a statement of the reasons for disapproval shall be returned to the applicant with the plat. If, within 30 days after receiving the preliminary plat, the Morris County Planning Board does not comment thereon in writing to the Secretary of the Board, the preliminary plat shall be deemed to have been approved by the Morris County Planning Board.
(4) 
The Board shall act upon the application for preliminary approval of a subdivision of 10 or fewer lots within 45 days of the submission of a complete application to the Secretary of the Board, or within such further time as may be consented to by the applicant. The Board shall act upon the application for preliminary approval of a subdivision of more than 10 lots within 95 days of the submission of a complete application to the Secretary of the Board, or within such further time as may be consented to by the applicant.
(5) 
If the preliminary plat is disapproved, the reasons for disapproval must be remedied before an amended plan can be submitted and acted upon as in the case of an original plat.
(6) 
If the Board grants an application for preliminary subdivision approval, any conditions of such approval, other than those imposed by law, shall be set forth in the resolution adopted by the Board. When all conditions precedent to signing the preliminary plat have been met, the Chairman of the Board shall affix his signature to the preliminary plat with a notation that it has received preliminary approval and has been returned to the subdivider for compliance with the procedure for final approval in § 225-63.
(7) 
Preliminary approval.
(a) 
Preliminary approval shall confer upon the subdivider the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
[Amended 10-13-1992 by Ord. No. 12-92]
[1] 
The general terms and conditions under which preliminary approval was granted shall not be changed;
[2] 
The subdivider may submit on or before the expiration date of such three-year period the whole or any part or parts of said plat for final approval;
[3] 
Upon timely application by the subdivider, the Board may grant extensions for additional periods of at least one year, but not to exceed a total extension of two years, subject to any ordinance revisions in design standards.
(b) 
Provided, however, that, in the case of a subdivision of an area of 50 acres or more, the Board may grant the rights referred to in Subsection B(7)(a) above for such period of time, longer than three years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and the potential nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that, if the design standards have been revised, such revised standards may govern.
(c) 
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(7)(a)[3] or B(7)(b) above, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The subdivider may apply for the extension either before or after what would otherwise be the expiration date.
[Added 10-13-1992 by Ord. No. 12-92]
(d) 
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the subdivider proves to the reasonable satisfaction of the Board that the subdivider was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approval from other governmental entities and that the subdivider applied promptly for and diligently pursued the required approvals. A subdivider shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the subdivider receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(7)(a)[3] or B(7)(b) above.
[Added 10-13-1992 by Ord. No. 12-92]
C. 
Details of preliminary plat. The preliminary plat shall be clearly and legibly drawn and reproduced, and the entire tract shall be shown on one sheet unless waived by the Board. It shall be drawn by a licensed New Jersey land surveyor in compliance with the provisions of Article XV, Design Standards for Subdivisions, and shall be based on a current field survey performed under the supervision of a licensed New Jersey land surveyor who must sign and seal the plat. It shall show or be accompanied by all of the applicable items set forth on Checklist A.[1]
[1]
Editor's Note: Checklist A is included at the end of this chapter.
A. 
Purpose for submission of final plat. A final plat and supporting drawings and documents for a proposed major subdivision constitute the complete development plan of the proposed subdivision and become the basis for the construction of the subdivision and inspection by the Township Engineer and Board. The plat itself must be recorded in the Morris County Clerk's office to have legal status.
B. 
Procedures for submitting final plat.
(1) 
The subdivider shall submit the original tracing, two cloth translucent copies of the original tracing, two cloth prints, 20 black-on-white prints and 20 copies of the application form for final approval to the Board Secretary within three years from the date of tentative approval, and at least 14 days prior to a regular Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Board.
[Amended 9-4-2002 by Ord. No. 11-02]
(2) 
The final plat shall be accompanied by a statement by the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation and identifying those portions already installed. He shall also state that the subdivider has complied with one or both of the following:
(a) 
All improvements have been in accordance with the requirements of this chapter.
(b) 
A performance guaranty has been posted with the Township Clerk in sufficient amount to assure the completion of all required improvements.
(3) 
The application shall be accompanied by an application fee together with a technical review fee in accordance with Chapter 171. See also Chapter 171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements.
(4) 
If the Morris County Planning Board has approval authority with respect to the application pursuant to N.J.S.A. 40:27-6.2 et seq. (applications along county roads or affecting county drainage facilities), its action shall be noted on the final plat, and, if disapproved, a statement of the reasons for disapproval shall be returned to the applicant. If, within 30 days after receiving the final plat, the Morris County Planning Board does not comment thereon in writing to the Secretary of the Board, the final plat shall be deemed to have been approved by the Morris County Planning Board.
(5) 
Prior to final approval by the Board, whenever the subdivision fronts on an existing public road, one copy of a deed of dedication or easement shall be included in the application to provide a sufficient right-of-way where the existing road right-of-way is less than the minimum requirements of the public entity which owns the road; provided, however, that the application shall not be deemed incomplete for failure to submit such deed or easement.[1]
[1]
Editor's Note: Original Subsection B(6), regarding county planning board approval, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
The Board shall act upon the application for final approval of a subdivision within 45 days after submission of a complete application to the Secretary of the Board or within such further time as may be consented to by the applicant.
(7) 
If the final plat is disapproved, the reasons for disapproval must be remedied before an amended plan can be submitted and acted upon as in the case of an original plat.
(8) 
If the Board grants an application for final subdivision approval, any conditions of such approval shall be set forth in the resolution adopted by the Board. When all conditions precedent to signing the final plat have been met, the final plat shall be executed in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9 to 46:23-9.16, as amended and supplemented, and signed by the Chairman and Secretary of the Board, the Township Engineer and the owner.
(9) 
After the signing of the final plat, the subdivider shall file the final plat with the Morris County Clerk within 95 days from the date of such signing. If a final plat is not filed within this period, or any extension thereof granted pursuant to Subsection B(12) hereof, the approval shall expire.
[Amended 12-9-1991 by Ord. No. 8-91]
(10) 
Upon application by the subdivider and for good cause shown, the Board may make a reasonable extension of the time within which the subdivider must file with the Morris County Clerk for a period not to exceed 190 days from the date of the signing of the final plat; provided, however, that the plat shall be revised according to any change in regulations or ordinances applicable to the plat subsequent to the original ninety-five-day time period.
(11) 
The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the subdivider proves to the reasonable satisfaction of the Planning Board that the subdivider was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the subdivider applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The subdivider may apply for an extension either before or after the original expiration date.
[Added 10-13-1992 by Ord. No. 12-92]
(12) 
"Expiration of approval" shall mean that the previous approval by the Board shall be null and void, and, in order to obtain a reapproval, a new filing fee shall be paid, and a review of all previous findings must be conducted.
(13) 
After final approval and recording of the final plat with the Morris County Clerk's office, one duplicate Mylar tracing, one cloth print and five paper prints of the true copy of the recorded final plat shall be submitted to the Secretary of the Board for distribution to the Tax Assessor and such other Township, county or state officials or agencies as directed by the Board.
(14) 
Final approval.
[Amended 10-13-1992 by Ord. No. 12-92]
(a) 
If a final plat has been duly filed with the Morris County Clerk in accordance with Subsections B(9) and B(13) above, final approval shall confer upon the subdivider the following rights:
[1] 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the subdivider pursuant to § 225-62B(7) shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; and
[2] 
If the subdivider has followed the standards prescribed for final approval, the Board may grant extensions for additional periods of one year, but not to exceed three extensions;
(b) 
Provided, however, that in the case of a subdivision for a planned development of 50 acres or more, or a conventional subdivision for 150 acres or more, the Board may grant the rights referred to in Subsection B(14)(a) above for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The subdivider may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and the nonresidential floor area permissible under final approval, the number of dwelling units and the nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(c) 
Whenever the Planning Board grants an extension of final approval pursuant to Subsection B(14)(a)[2] or B(14)(b) above and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The subdivider may apply for the extension either before or after what would otherwise be the expiration date.
(d) 
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the subdivider proves to the reasonable satisfaction of the Board that the subdivider was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the subdivider applied promptly for and diligently pursued these approvals. A subdivider shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the subdivider receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(14)(a)[2] or B(14)(b) above.
(15) 
The granting of final approval terminates the effective time period of preliminary approval pursuant to § 225-62B(7).
C. 
Details of final plat. The final plat shall comply with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., and the provisions of Article XIX, Flood Damage Prevention. It shall be clearly and legibly drawn on translucent tracing cloth or its equivalent with signatures in ink. When more than one sheet is required, an index sheet of the same size shall be filed, showing the entire subdivision on one sheet. In addition to showing or being accompanied by the same information required for a preliminary plat (except that commonly owned contiguous property shall be excluded if not part of the application), the final plat shall show or be accompanied by all of the applicable items set forth on Checklist A.[2]
[2]
Editor's Note: Checklist A is included at the end of this chapter.
[Added 12-27-2000 by Ord. No. 7-00]
A. 
For the purpose of giving due notice of the right to farm in all zoning districts, the Planning Board or Board of Adjustment shall require an applicant for major or minor subdivision, as a condition of approval of such application, to provide every lot purchaser with a copy of the right-to-farm section (§ 225-116L) of this chapter.
B. 
Whenever a new major or minor subdivision abuts a commercial farm or vacant land, the following language shall be inserted in the deed of all lots: "The grantee is hereby noticed that there is, or may in the future be, a farm use near the described premises from which may emanate noise, odors, dust, and fumes associated with agricultural management practices permitted under the 'Right to Farm' section of the Land Use and Development Ordinance."