Article VII Subdivision

Editor's Note: The Board of Adjustment was repealed 2-13-2007 by Ord. No. 2007-07. Its powers and duties are now exercised by the Land Use Board. See Art. II of this chapter.

County approval. Each application for subdivision approval, where required pursuant to Section 5 of P.L. 1968, c. 285,[2] and each application for site plan approval, where required pursuant to Section 8 of P.L. 1968, c. 285,[3] shall be submitted by the applicant to the County Planning Board for review and approval, as required by the aforesaid sections; and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval of the County Planning Board by its failure to report thereon within the required time period.

Editor's Note: See N.J.S.A. 40:27-6.3.

§ 255-49 Submission procedure; plat details.

Editor's Note: See N.J.S.A. 40:27-6.6.

Minor subdivision submittal.

Procedure. A complete application for minor subdivision approval shall consist of the following:

Ten copies of properly executed plans and applications, which shall be submitted at least two weeks prior to the meeting.

Payment of fees and deposits as required by § 255-17 of this chapter.

Proof of payment of real property taxes and assessments.

Plat details for minor subdivision.

The plat shall be based on an actual survey performed by a New Jersey licensed surveyor and shall have his seal affixed thereto. Plats shall be at a scale not smaller than 50 feet to the inch and shall show or include the following information:

A key map showing the location of the subdivision in relation to the adjoining area at a scale not less than 2,000 feet to the inch.

The plat shall show the boundary lines of the entire tract in addition to the portion being subdivided. Where large tracts would require a sheet size larger than 24 inches by 36 inches, a scale smaller than 100 feet to the inch may be used to show the entire tract and the portion being subdivided shall be shown at a scale not less than 100 feet to the inch.

All existing structures, wooded areas, streams, marshes, ponds, power lines, drainage facilities and other physical features within the area to be subdivided and within 200 feet thereof.

Contours as shown on United States Geological Survey topographic maps.

[5]

The Tax Map sheet, block and lot numbers.

[6]

The name of the street on which the property is situated.

[7]

The street frontage in feet of the portion being subdivided and the remainder.

[8]

The area in acres to the nearest 0.01 of an acre for the entire tract and for the portions being subdivided.

[9]

If more than one lot is proposed or if lots have been subdivided previously on the same property, each lot shall be shown and designated by consecutive numbers.

[10]

The zoning district in which the property is situated and, if the proposed subdivision is within more than one district, the most accurate information available as to the measurements within each district.

[11]

Required front, rear and side yard lines with dimensions.

[12]

The delineation of all flood hazard areas and designation of the same as such.

[13]

Easements of record and any proposed easements or deed restrictions.

[14]

All streets or roads and streams within 500 feet of the subdivision.

[15]

The name of the owner and of all adjoining property owners.

[16]

The name and address of the applicant if not the same as the owner.

[17]

The location and results of the percolation test and soil log on each proposed lot.

[18]

Delineation of critical areas, including flood hazard areas, critical wetland areas, marginal wetland areas, stream areas, pond and lake areas, critical slope areas, moderate slope areas and shallow depth of bedrock areas, together with an analysis of the entire development and each lot to be subdivided in accordance with § 255-87.

[Added 8-9-1988 by Ord. No. 88-24]

Decision and hearing process for and effect of minor subdivision approval.

The Land Use Board shall waive notice and public hearing for an application for development for a minor subdivision unless the Subdivision Committee of the Land Use Board, appointed by the Chairman, finds that the application for development does not conform to the definition of "minor subdivision" in § 255-3 of Article I. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said subcommittee may condition such approval on terms assuring the providing of improvements pursuant to Article X.

[Amended 2-13-2007 by Ord. No. 2007-07]

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Land Use Board or within such further time as may be consented to by the applicant. Failure of the Land Use Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Land Use Board as to the failure of the Land Use Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

[Amended 2-13-2007 by Ord. No. 2007-07]

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Land Use Board. Prior to approval of said deed, there shall be filed with the Land Use Board a certification of a licensed engineer or land surveyor that the description of the premises in the deed conforms exactly to that of the approved subdivision plat. In reviewing the application for development for a proposed minor subdivision, the Land Use Board may accept a plat not in conformity with the Map Filing Act, 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 Act.

[Amended 2-13-2007 by Ord. No. 2007-07]

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

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, provided that the approved minor subdivision shall have been duly recorded as provided herein.

Preliminary major subdivision submittal.

Procedure. A complete application for preliminary major subdivision approval shall consist of the following:

The required fee, deposit and proof of payment of real property taxes and assessments, as per § 255-17 of Article I.

Ten copies of properly completed applications and plans, which shall be submitted at least two weeks prior to the date of the meeting.

Plat details for preliminary major subdivisions; preliminary plat. The following are the minimum plat details required on the preliminary major subdivision plat:

A key map showing the entire development and the proposed street pattern in the area to be developed and the relationship to the surrounding area.

The name of the development; the Municipal Tax Map sheet, block and lot number; date; reference meridian and scale, which shall not be smaller than one inch equaling 100 feet; and the names and tax block and lot numbers, of all property owners within 200 feet of the tract.

All proposed lot lines and lot lines to be eliminated by the proposed developments shall be clearly indicated.

The location, size and direction of flow of all streams, brooks, drainage structures and drainage ditches in the development.

(e)

The location and width of all existing and proposed utility easements in the area to be developed.

(f)

All existing and proposed streets or roads within or adjoining the proposed development with the right-of-way widths and names clearly indicated.

(g)

The plat shall have clearly indicated on it the following information:

The name and address of the subdivider and owner.

The name and address of the engineer or surveyor who prepared the map and seal.

Acreage of the tract to be subdivided and of the lots to be created to the nearest .01 of an acre.

(h)

The location of existing and proposed lines, building setback lines from streets, existing structures within the portion to be developed and within 200 feet of a development with an indication of whether they will be retained or removed and the location and extent of wooded areas within 200 feet of the development.

(i)

The plat shall show or be accompanied by a plan and profile, drawn to a scale of one inch equals 50 feet horizontal and one inch equals five feet vertical, and cross-section drawings, drawn to a scale of one inch equals five feet horizontal and one inch equals five feet vertical, of proposed streets, together with typical roadway construction details and construction specifications, which shall be in accordance with Township standards.

(j)

Contours at two-foot intervals. All contour lines shall be referenced to the New Jersey Geodetic Control Survey datum, and a bench mark shall be established on site and described and shown on the drawings.

(k)

The preliminary plat shall show or be accompanied by plans and computations for any proposed storm drainage systems in accordance with Chapter 337, Stormwater Control, of Independence Township.

(l)

The preliminary plat shall show or be accompanied by plans showing existing and proposed sanitary sewerage facilities serving the development, including the following:

The location, size and slope of all sanitary sewer lines, pumping stations and connections to existing facilities.

The location of any proposed sanitary sewage treatment plants.

(m)

The preliminary plat shall show or be accompanied by plans showing the size and location of all water mains.

(n)

Identification of lands to be dedicated or reserved for public use.

(o)

The location of any other underground utilities and the easements to accommodate them shall be clearly indicated on the plan.

(p)

All plat details required by the standards of subdivision design of Warren County, adopted July 1, 1970, as amended. Whenever details of this chapter and that of Warren County are in conflict, the more stringent shall apply.

(q)

All improvements required by this chapter and the County of Warren.

(r)

A certification that: "this plat conforms to the preliminary plat requirements of the Land Development Ordinance of the Township of Independence" or, in lieu of that, a certification of the preparer that: "this plat deviates from the requirements of the Land Development Ordinance of the Township of Independence only on the following:"

(s)

An environmental impact statement as required by Article VI of Chapter 255 of the Township Code.

(t)

[Added 8-9-1988 by Ord. No. 88-24]

Decision and hearing process and effect of preliminary subdivision approval.

If the application is complete, the Land Use Board shall set a date for public hearing. The applicant shall give notice as provided for in § 255-9. Proof of notice shall be provided to the Board at least three days prior to the public hearing, or the Board may consider the application incomplete, notwithstanding any other determination of completeness.

[Amended 2-13-2007 by Ord. No. 2007-07]

After the public hearing, the Board shall take formal action either approving or disapproving the preliminary plat within the time required by N.J.S.A. 40:55D-48, viz., for a subdivision of 10 or fewer lots, the 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 10 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 Board shall be deemed to have granted preliminary approval to the subdivision, and the Land Use Board Secretary shall issue a certificate of approval. However, in no case shall Board approval be given before the expiration of the twenty-day period within which the County Planning Board may submit a report on said subdivision. In all cases, the recommendations of the County Planning Board shall be given careful consideration in the final decision of the Township Board. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-1.1 et. seq., its action shall be noted on the plat, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Township Board or the County Board disapproves the plat, the reasons for disapproval shall be remedied prior to further consideration. If approval is required by any other officer or public body, the same procedure as applied to the submission for approval by the County Planning Board shall apply.

[Amended 2-13-2007 by Ord. No. 2007-07]

If the Land Use Board acts favorably on a preliminary plat, the Chairman of the Land Use Board shall affix his signature to the plat with a notation that it has received preliminary approval and return to the subdivider for compliance with final approval requirements.

[Amended 2-13-2007 by Ord. No. 2007-07]

Preliminary approval shall, except as hereinafter set forth, confer upon the applicant the following rights for a three-year period from the date of such approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout design standards for streets, curbs and sidewalks; lot size; and 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.

That the applicant may submit for final approval on or before such expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.

That the applicant may apply for and the Board may grant extensions of such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern.

In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing Board may grant the rights referred to in Subsection B(3)(d)[1], [2] and [3] above for such period of time, longer than three years, as shall be determined by the reviewing Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and 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.

Final major subdivision approval.

Procedure. A complete application for final subdivision approval shall consist of the following:

Payment of all deposits and fees as per § 255-17 of Article I and proof of payment of real property taxes and assessments.

Three copies of the completed application form and 12 copies of the final plat as required below.

Deeds of dedication for rights-of-way and easements.

Letters to the Board from various utility companies and agencies indicating approval of the utility installation design, if the design has been prepared by the applicant, and stating who will construct the facility so that service will be available when required in conformity with the provisions of the filed rate schedule, unless these utilities have been constructed prior to the application for final approval.

(e)

A performance guaranty in the amount of 120% of the estimated cost of any work which has not been completed, the amount of which shall be based on an estimate prepared by the applicant in conformance with § 255-21A(1). Ten percent of the performance guaranty shall be posted in cash, and the guaranty shall be submitted to the Township Attorney for his review and approval at least two weeks prior to the meeting at which approval is sought.

(f)

A maintenance guaranty in the amount of 15% of the cost of the improvements, running for a period of two years, shall be posted at the conclusion of the work before acceptance of any of the improvements by the Township. A maintenance guaranty shall also be submitted to the Township Attorney for his review and approval.

(g)

Notwithstanding the foregoing, in the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.

(h)

Applications and plats shall be submitted at least two weeks prior to the date of the meeting.

Plat submission and details for final subdivision approval.

The final plat shall be drawn in ink on Mylar or tracing cloth at a scale of not less than one inch equaling 100 feet and in compliance with the provisions of P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), the Map Filing Law. The final plat shall also show the following:

The date, name and location of the development and the name of the owner and developer.

Right-of-way widths of streets, street names, easements and other rights-of-way and land to be reserved or dedicated to public use.

The purpose of any easement of land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

Each block shall be numbered and the lots within each block shall be numbered with numbers approved by the Township Tax Assessor.

[5]

Minimum building setback lines, side yard and rear yard, on all lots and other sites.

[6]

The names of all owners within 200 feet of the subdivision.

[7]

Certification by the engineer and surveyor as to the accuracy of the details of the plat.

[8]

A note that improvements have been accomplished or guaranteed.

[9]

Certification that the applicant is the agent or owner of the land or that the owner has given consent under an agreement.

[10]

When prior approval of a plat is required by any governmental agency, approval shall be certified on the plat.

[11]

A Mylar reproducible copy of the final plat shall be given to the Township after approval of the prints.

The following additional material shall accompany the final plat:

As-built plans and profiles of all improvements, drawn to a scale of not less than one inch equals 50 feet, together with cross-section drawings of all roadways at fifty-foot intervals, drawn to a scale of one inch equals five feet horizontal and vertical.

Elevations shall be referenced to United States Coast and Geodetic Survey datum. Locations and elevations of bench marks shall be shown.

Elevations of all drainage structures, tops of curbs, grates or covers and inverts shall be shown.

The locations of all monuments required to be shown on the final plat shall be shown.

[5]

Cross sections of all waterways and retention and detention basins as the Township Engineer may require.

[6]

The location of underground utilities and easements to accommodate them shall be shown.

[7]

Certification by the applicant's surveyor as to the accuracy of all information shown on the plans and cross sections.

[8]

A Mylar reproducible copy of all plan and cross-section drawings shall be given to the Township. These do not need to be made until after final approval of the prints has been given by the Township Engineer and Land Use Board.

[Amended 2-13-2007 by Ord. No. 2007-07]

Decision, hearing process and effect of final subdivision approval.

The reviewing Board shall grant final approval if the detailed drawings, specifications and all other aspects of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141,[2] provided that, in the case of a planned development, the reviewing Board body may permit minimal deviations from the conditions of preliminary approval, necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval, without the developer being required to submit another application for development for preliminary approval.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

Final approval shall be granted or denied within 45 days after submission of a complete application to the Clerk of the approving authority or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the approving authority as to failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

The Zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided for by law. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

In the case of a subdivision of 150 acres or more, the approving authority may grant the rights referred to in Subsection C(3)(a) of this section for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

Abandonment or waiver of incomplete applications.

[Added 8-11-1992 by Ord. No. 92-5; amended 2-13-2007 by Ord. No. 2007-07]

Whenever an application is made to the Land Use Board for subdivision, site plan or for the extension of any previously granted period of approval or protection pursuant the Land Use Act[3] or of the ordinances of Independence Township, and such application is timely determined to be incomplete, the applicant shall resubmit said application or provide such additional information as may be required so as to permit a determination of completeness to be made within 90 days of the date of the notice of incompleteness, in the case of an application for approval, or within 45 days of the notice of incompleteness, in the case of an application for extension.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

In the event such information is not so supplied, then the application shall be presumed abandoned or waived, and notice of such abandonment or waiver shall be sent to the applicant by the Land Use Board. The notice of presumed abandonment or waiver shall be sent to the applicant at the address supplied in the application submitted, with a copy also sent to any attorney of record on behalf of the applicant identified in the application. The notice shall include a copy of the notice of incompleteness and shall designate a date upon which, after opportunity for hearing on the issue of abandonment or waiver, the application shall be dismissed, without prejudice, which date shall be no earlier than 10 days from the date of such notice.