A.
Pursuant to the provisions of Section 28, P.L. 1975,
c. 291 (N.J.S.A. 40:55D-37), approval of subdivision plats by resolution
of the Planning Board shall be required as a condition for the filing
of such plats with the Office of the Burlington County Clerk. Approval
of site plans by resolution of the Planning Board shall be required
as a condition for the issuance of a building permit and certificate
of occupancy for any development, or change of use, except that subdivision
or individual lot applications for detached one- or two-dwelling-unit
buildings and accessory buildings such as a private garage, toolhouse,
private greenhouse incidental to residential uses shall be exempt
from such site plan review and approval, provided that the resolution
of the Board of Adjustment shall substitute for that of the Planning
Board whenever the Board of Adjustment has jurisdiction over a subdivision
or site plan pursuant to § 110-118D of this chapter.
B.
Each application for subdivision approval, where required
pursuant to N.J.S.A. 40:27-6.3 and each application for site plan
approval, where required pursuant to N.J.S.A. 40:27-6.6 shall be submitted
by the applicant to the Burlington 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 by its failure to report thereon within the required time
period.
D.
At the request of the developer, the Planning Board
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for the development. Fees and escrows for such submission are set
forth in the section of this chapter pertaining to fees and escrows.[1] The developer shall not be bound by any concept plan for
which review is requested, and the Planning Board shall not be bound
by any such review. In the event that the developer desires review
of the application for development by the professional staff of the
Township, the developer shall request same, and the plan shall be
of sufficient detail to enable the professionals designated to make
the review required. Neither the developer, the Township, the Planning
Board or the Township professionals shall be bound by any such review
with the exception that any design requirements shall be as close
as possible to the approved sketch plat and shall be changed by the
municipality only for environmental or engineering considerations
or conflict with other laws, not considered at the time of sketch
plat review or because of changes in the plan submitted by the developer,
or matters brought before the reviewing authority as a result of the
public hearing.
A.
Any owner of land within Shamong Township shall prior
to subdividing and resubdividing land defined or classified as a minor
subdivision submit 10 prints of the plat of the proposed minor subdivision
to the Administrative Officer of the Planning Board together with
the other requisite elements for a complete application at or prior
to the work session before the next regular meeting of the Planning
Board at which the applicant wishes to be heard. The Administrative
Officer of the Board shall then immediately forward copies of the
plan to the appropriate municipal officials as designated by the Planning
Board. An original and the required number of copies shall be transmitted
to the Burlington County Planning Board by the owner for consideration
and report, which shall be submitted to the secretary of the Planning
Board.
B.
At the next regular meeting, the Planning Board may
take final action on the plan or take the application under advisement
but approval shall be granted or denied within 45 days of the date
of submission of a complete application to the Administrative Officer
or within such further time as may be consented to by the applicant.
C.
The Planning Board consultants shall submit their
reports to the Planning Board at the regular meeting next following
their receipt of a copy of the plan, provided that a reasonable time
has been given to these officials to review the plan.
D.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), 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.
E.
The Planning Board may, in appropriate cases, require
the installation of such off-site, on-site, off-tract and on-tract
improvements and design standards as necessary to protect the health,
welfare and safety of the citizens of the Township. The owners shall
have the option of installing such improvements or filing a performance
guarantee, approved by the Township Solicitor, covering the costs
of such improvements. No final approval shall be granted, nor shall
any plan be signed, until either such improvements have been properly
installed or the appropriate guarantees filed, as the case may be.
F.
The applicant shall file a signed plan of such minor
subdivision, in acceptable form, after approval with the Burlington
County Planning Board.
G.
The Secretary of the Planning Board shall then forward
a properly signed copy of the plan to the Township Clerk, Township
Engineer, Construction Code Official, Tax Assessor and Tax Collector,
and also file the original and one copy of the plan in the Planning
Board file for the particular application concerned.
H.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with approval granted by the Planning Board and the
provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9
et seq.), or a deed clearly describing the approved minor subdivision
is filed by the applicant with the Clerk of Burlington County, the
Township Engineer and the Township Tax Assessor. Any such plat or
deed shall be signed by the Chairman and Secretary of the Planning
Board prior to filing.
A.
Information required on plat for minor subdivision
application. The plat submitted by an applicant for a minor subdivision
approval shall contain the following information:
(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 the proposed subdivision to
the nearest major arterial streets on all sides of the proposed subdivision.
This information shall be obtained from the Tax Map of the Township,
and the location of all streams within 500 feet of the tract or proposed
subdivision.
(b)
The plan shall conform to one of the following
sizes: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24
inches by 36 inches or 30 inches by 42 inches.
(2)
Certification of an engineer or licensed land surveyor
as to accuracy of the details of the plat.
(3)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided.
(4)
All easements, private and public.
(5)
Existing zoning.
(6)
The names of the owners of adjoining lots, Tax Map
block and lot numbers as disclosed by the most recent tax records.
(8)
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public use and the purpose thereof, all lot lines
with accurate dimensions, bearings or deflections, angles, radii,
arc and central angles of all curves.
(9)
Minimum front, side and rear building setback lines
for each lot and on all other sites in the proposed subdivision.
(10)
Location of all existing monuments.
(11)
All streets or roads proposed, mapped or built
within 500 feet of the subdivision.
(12)
All lots being subdivided together with the
boundary and acreage of the entire tract, and the number of new lots
being created. The area of each lot shall be shown correct to within
one square foot.
(13)
All existing and proposed property lines within
and immediately adjoining the tract and all lot lines to be eliminated.
All lot lines shall be shown correct to one-hundredth of a foot.
(14)
All existing buildings and structures and their
uses, wooded areas, rock outcrops, isolated trees with a diameter
of six inches or more measured five feet above ground level. All streams,
lakes, drainage rights-of-way, and streets within the limits of the
tract being subdivided and within 500 feet thereof including the location,
width and direction of flow of all streams, brooks, drainage structures
and drainage rights-of-way. Any existing features to be removed or
relocated shall be indicated. Flood hazard area lines and wetlands
and swamps with in the tract shall be shown. Contours at two-foot
intervals and general drainage system shall be shown. The information
required herein for isolated trees and two-foot contour intervals
shall not be required on any lots which would be five acres or larger
in size after subdivision.
(15)
The shortest distance from any existing building
to any proposed and existing lot line.
(16)
Accurate delineation of floodplain or restricted
areas must be shown on the plan.
(17)
Accurate delineation of Federal Flood Hazard
Zone.
(18)
Percolation, water table and soils data for
each lot being created under the proposed subdivision.
(20)
Plat must be drawn to conform to the requirements
of the Burlington County Land Development Review Resolution, Article
4.09.
(21)
Such other information deemed necessary by the
Planning Board.
(22)
Signature lines for the Chairman and Secretary
of the Planning Board and the Burlington County Planning Board.
A.
Submission of sketch plat; informal discussion with
Planning Board. Before preparing and submitting the preliminary plat,
the developer is requested to submit a sketch plat of major subdivision
and informally discuss the proposal with the Planning Board.
B.
Time of initial contact with subdivider. It is the
intent of the Board to establish initial contact with the subdivider
of a proposed subdivision prior to the time the developer or subdivider
finalizes the street and lot scheme for the subdivision. It is the
express intention of the Board that the Board and the subdivider or
developer shall be in substantial agreement on the design of the street
system and the lotting patterns of the proposed subdivision prior
to the start of the detailed engineering design work required at the
preliminary plat stage.
C.
The purpose of the preliminary plat. The purpose of
the preliminary plat is to provide the Board with the detailed drawings
of what is expected to become the final subdivision plat. These drawings
shall be precise and accurate in order to give the Board and its representatives,
who are charged with the responsibility of reviewing the plat, all
the data and preciseness necessary for a detailed review.
D.
Submission of preliminary plat for major subdivision
for tentative approval.
(1)
The developer or subdivider must submit to the Administrative
Officer at or prior to a work session of the Board at least 10 black-and-white
prints of the preliminary plat together with three completed application
forms for tentative approval. The Secretary of the Planning Board
shall distribute the preliminary plat to the Board members, Board
Engineer and Solicitor and to such other persons as may be determined
by the Board. No public hearing shall be scheduled by the applicant
until such submission at or prior to a work session and review of
the plans by the Board at which time it shall be determined whether
or not the application is complete. The developer can attend the work
session and receive a date for his public hearing.
(2)
The Planning Board shall, in all cases involving applications
for tentative major subdivision approval, fix a date for the public
hearing thereon, and the applicant shall give notice of the same in
the manner and form required by the Act in N.J.S.A. 40:55D-11 and
40:55D-12 and shall provide the Planning Board with proof of having
complied therewith prior to conducting the public hearing.
(3)
If the Board acts favorably on a preliminary plat,
the Chairman of the Board and Secretary of the Board, together with
the Board Engineer, shall affix their signatures to five copies of
the approved plat, retaining one in the Board's file, giving three
to the Board's Engineer and returning one to the subdivider for compliance
with final approval requirements.
A.
Preliminary plat. The preliminary plat shall be designed in accordance with the provisions of Article VII and in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Board. For initial consideration by the Board prior to the granting of tentative approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall include:
(1)
A key map showing the entire subdivision and its relation
to surrounding areas including zoning of the subdivision and the adjacent
areas.
(2)
The tract name, Tax Map sheet, block and lot number,
date, reference meridian and graphic scale.
(3)
Acreage of tract to be subdivided to nearest tenth
of an acre.
(4)
Contours at two-foot intervals to determine the general
slope and natural drainage of the land and the high and low points
of all proposed new streets. All elevations shall be based on United
States Coast and Geodetic Survey Datum.
(5)
Name and address of person who prepared map.
(6)
Cross section of the proposed streets.
(7)
Lot grades to indicate drainage pattern.
(8)
When a natural waterway traverses or borders the tract
for which approval is being sought, the subdivider must submit to
the Planning Board either a copy of a permit issued by the New Jersey
State Water Policy Commission approving the alignment, easements and
design of the waterway, or evidence that said plans do not require
Water Policy Commission approval. In those instances where a State
Water Policy Commission permit is required, a copy of the plans with
the approval of the Commission endorsed thereon must be filed with
the Secretary of the Board.
(9)
A copy of the protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
(10)
Route numbers for state and county highways
and roads.
(11)
An indication of drainage conditions and directions
of water flow on side of road(s) opposite the subdivision.
(12)
A statement on the number of lots and minimum
zoning requirements.
(13)
Location of all existing utilities.
B.
Additional requirements to be submitted with preliminary
plat. With submission of the preliminary plat, the developer shall
submit:
(1)
Closed outbound survey;
(2)
Drainage calculations;
(3)
Certificate that the applicant is the owner of the
land or his authority to sit as agent for the owner. Give names and
addresses of both;
(4)
Certification that taxes have been paid to date;
(5)
Certification of an engineer or licensed land surveyor;
(6)
Test boring information showing ground condition and
water table, minimum boring depth of 10 feet, minimum, to be one test
for each 10 acres and one test for each type of soil on the tract,
or as determined by the Board.
(7)
Each application for subdivision consisting of three
or more residential building lots for resale shall have as part of
the application for preliminary plat approval, soil test information
indicating that the soil is free of contaminants and/or hazardous
materials which would make the site unsuitable for human habitation.
Applicant's report must meet the NJDEP soil cleanup criteria for both
residential and nonresidential direct contact. This provision will
not apply to divisions for agricultural purposes of 10 acres or more
in size if further subdivision of the subdivided lot is prohibited
by a deed restriction, nor shall it apply to lots created pursuant
to the Pinelands regulation for the exemption pertaining to cultural
housing on a residential lot (Piney Exemption).
[Added 5-5-1998 by Ord. No. 1998-5]
C.
Utility layouts. After the general terms and conditions
have been agreed upon, but before tentative approval is granted, the
subdivider must submit on one map plans of proposed utility layouts,
(sanitary sewers, storm sewers and the drainage structures) showing
feasible connections to existing or any proposed utility systems.
When an individual water supply and/or sewerage disposal system is
proposed, the plan for such system must be approved by the appropriate
local, county or state health agency. Any subdivision, or part thereof,
which does not meet with the establishing requirements of this chapter
or other applicable regulations shall not be approved. Any remedy
proposed to overcome such a situation shall first be approved by the
appropriate local, county or state health agency.
D.
Preparation of preliminary plat by licensed engineer
and licensed land surveyor. When the preliminary plat, which has been
granted tentative approval, forms the basis upon which application
for final approval will be made, such plat map and other accompanying
engineering plans must be prepared by a licensed professional engineer
and a licensed land surveyor in compliance with all the provisions
of Chapter 358 of the Laws of 1953[1] before the required improvements of Article VI of this chapter are installed or the performance guarantees for same are furnished, which requirements must be met before application and the granting of final approval of the plat can be made.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
E.
Issuance of building permits; final approval of plat
required. No building permit for development of the subdivision proper
shall be issued until final approval of the plat has been granted,
excepting such permits as are necessary for the installation of the
improvements.
F.
Scale of plans. All plans submitted to the Shamong
Township Planning Board for review shall be clearly and accurately
drawn at a scale indicated in the chart below:
|
Subdivisions (Preliminary Plat)
| ||
|---|---|---|
|
Area
|
Scale
| |
|
Less than 25 acres
|
Not less than 1":50'
| |
|
25 to 150 acres
|
Not less then 1":100'
| |
|
More than 150 acres
|
Not less than 1":200'
| |
Site development plans shall be so designed
as to enhance the general appearance of the Township, the harmonious
use of the land, and to encourage development and design consistent
with the purpose of the zoning provisions of this chapter.
A.
Required site plan approval. Site plan approval shall
be required before any initiation or change of use or before any excavation,
removal of soil, clearing of the site or placing of any fill on lands,
construction of parking areas or ponds, commencement of forestry operations,
continuation or commencement of resource extraction activities, and
other land development except for agricultural purposes. Except as
hereinafter provided, no building permit shall be issued for any building
or use, or reduction or enlargement in size of any building, or change
in use of any building unless a site plan is first submitted and approved
by tie Planning Board of the Township, and no certificate of occupancy
shall be given unless all construction and development conforms to
the plans as approved by the Planning Board.
B.
Site plan approval not required. Site approval shall
not be required for any subdivision or individual lot application
for detached one- or two-dwelling-unit buildings or for such accessory
uses as a private garage, toolhouse, gardens and private greenhouses
incidental to residential use, nor shall site approval be required
for any pole barn or temporary greenhouse erected in conjunction with
a residential or agricultural use; but this shall not limit the requirements
for submission of subdivision plans for subdivision approval as otherwise
provided in the Township ordinances.
C.
Site plan waivers and change of use.
[Amended 5-5-1998 by Ord. No. 1998-5]
(1)
Any applicant may request a waiver from site plan
review under the terms of this chapter, provided that the applicant's
site plan involves:
(2)
Notwithstanding the above, site plan waivers shall
not be granted for commercial forestry operations or the continuation
of resource extraction operations.
(3)
A change of use application or site plan waiver application may be approved by the Township's Administrative Officer or the Administrative Officer may submit the application to the Planning Board for the Board's review and approval. Appeals from the decision of the Administrative Officer shall be made directly to the Planning Board. Appeals from any action by the Planning Board are made directly to the Superior Court. Approval by either the Administrative Officer or the Planning Board is required for a change in use of any commercial or industrial property from one permitted use to another. A change of use that meets the requirements of Subsection C(1)(a) above may be submitted as a site plan waiver. Should the Administrative Officer or the Planning Board find the request for a waiver to be inappropriate, the matter shall be subject to review as a minor site plan submission. All fees and escrows will be applied from the waiver application to the minor site plan submission.
D.
Minor site plan submission; definition and required
data.
(1)
Definition. For site development which is not large
in scale but which does not qualify for site plan waiver, submission
as a minor site plan shall be permitted. A minor site plan shall be
defined as:
(2)
Required data. The required data to support a minor
site plan application is as follows:
(a)
A plan which may be drawn by the applicant;
(b)
A plan showing all existing improvements on
the site;
(c)
The plan to show those improvements to be constructed;
(d)
The plan to show North arrow or North point;
(e)
The plan to contain a scale;
(f)
The plan to show the zoning district in which
the property is located;
E.
Site plan procedure and required data. A preliminary
site plan as herein required shall be submitted in six copies to the
Administrative Officer of the Planning Board at least 14 days prior
to a scheduled meeting of the Planning Board. All site plans shall
comply with the requirements hereinafter set forth and shall contain
the following information and data. (Scale not less than one inch
equals 50 feet regardless of the size of the land development and
the plans shall conform to one of the following sizes: 8 1/2
feet by 13 feet, 15 feet by 21 feet, 24 feet by 36 feet or 30 feet
by 42 feet.) All site plans submitted to the Shamong Township Planning
Board shall contain or be accompanied by the following minimum information:
(1)
Date of preparation, North arrow, graphic scale, county
route number and street names.
(2)
The name of the land development and the municipality
in which it is located.
(3)
The names and addresses of the owner and the developer
of the property as well as the name, address, title and seal of the
person preparing the plan, maps and accompanying data.
(4)
A statement of the area of the proposed land development
to the nearest tenth of an acre.
(5)
A statement of the proposed number of units.
(6)
A key location map of the land development area at
a scale of not less than one inch equals 2,000 feet. This shall show
the entire site area and lots contiguous to it which are in the same
or related ownership as the land development.
(7)
The Municipal Tax Map sheet, block and lot number.
(8)
The location of existing buildings and structures
and building setback lines from streets.
(9)
The location, size and nature of all existing and
proposed roads within and abutting the land development. If additional
ROW is to be dedicated to the County of Burlington, a note stating:
"Additional ROW is to be dedicated to Burlington County for road widening
purposes" shall appear on the plan, or to the municipality if a road
is under its jurisdiction.
(10)
Profiles and typical cross sections of proposed
streets.
(11)
Cross sections of watercourses at an appropriate
scale.
(12)
Methods used to stabilize slopes and control
erosion and siltation for ditches, streams, or brooks. The location
and general extent of wooded areas, bodies of water and other physical
features, including the location of freshwater wetlands and soil types.
(13)
Boundaries of floodplains of water bodies (if
defined) within the land development. Where defined, these should
correspond to the floodway and flood hazard areas commonly designated
by the New Jersey Department of Environmental Protection (NJDEP),
although other approved criteria may be used where these are lacking.
(14)
Existing and proposed signs, lighting standards,
utility poles, and trees of eight-inch caliper and larger within rights-of-way,
except in heavily wooded areas.
(15)
Location and extent of all easements, along
with a statement of the use and owner thereof.
(16)
A sediment and erosion control plan for areas
which affect a Township road and/or Township drainage.
(17)
All existing or proposed stormwater drainage
systems within or adjacent to the land development showing size, type,
location and profile of lines, manholes, inlets, dry wells, detention
basins, plus all supporting design data.
(18)
Existing and proposed sanitary sewerage collection
facilities.
(19)
Type and number of driveways.
(20)
The zoning district in which the land development
is located. Lands to be dedicated or reserved for public use shall
be clearly indicated.
(21)
All political boundary lines.
(22)
Where work is to be done in the Township ROW,
a detailed plan at a scale of not less than one inch equals 30 feet
showing the layout of any intersection including driveways to a Township
road. This plan shall show the following:
(a)
Existing elevations on the center line of the
road every 25 feet to extend 100 feet beyond the property line or
intersection pavement transition.
(b)
Proposed elevations of the curb gutter and top
of curb every 25 feet along the road.
(c)
Half cross sections every 50 feet and at critical
points along the road, and spot elevations at the center line, edge
of pavement and proposed curbline along the road.
(23)
A clear statement of the use proposed.
(24)
The location, type and size of all existing
or proposed curbs, sidewalks, driveways, fences, landscaping, retaining
walls, parking space areas and off-street loading areas, together
with the dimensions and layouts of all the foregoing on the site in
question.
(25)
Standard details, i.e. proposed inlets, curbs,
headwalls, manholes and typical cross sections; i.e. streets, channels,
detention basins.
(26)
Accurate delineation of floodplain or restricted
areas must be shown on the plan.
(27)
Accurate delineation of Federal Flood Hazard
Zone.
(28)
Except for those minor site plans, which shall comply with the application requirements of Subsection D of this section, site plans which qualify as minor or major development under this chapter shall also include the following:
(29)
The plan must show existing soil conditions,
test borings and percolation tests.
F.
Site plan information. Each site plan shall have the
following information shown thereon annexed thereto:
(1)
Building and use plan. This plan shall show the size,
height, location, arrangement and use of all existing and proposed
structures and signs including proposed total building coverage in
acres or square footage, as well as percent of the lot coverage, with
an architect's scaled elevations of the front, side and rear of any
structure and sign to be erected or modified, to the extent necessary
to apprise the Planning Board of the scope of the proposed work. Any
existing structures on the site shall be identified either to remain
or be removed. A written description of the proposed use and operations
of the building including the number of employees or members of nonresidential
buildings; the proposed number of shifts to be worked and maximum
employees on each shift expected truck and tractor-trailer traffic;
emission of noise, glare, vibration, heat, odor, air and water pollution;
safety hazards; and anticipated expansion plans incorporated in the
building design shall be included. Floor plans shall be submitted.
(2)
Circulation plan. This plan shall show access streets
and street names, acceleration and deceleration lanes, curbs, aisles
and lanes, access points to public streets, sight triangles, traffic
channelization, easements, fire lanes, driveways, number and location
of parking and loading spaces, loading berths or docks, pedestrian
walks, and all related facilities for the movement and storage of
goods, vehicles and persons on the site and including lights, lighting
standards, signs and driveways within the tract and within 100 feet
of the tract. Sidewalks shall be shown from each entrance-exit along
expected paths of pedestrian travel such as, but not limited to, access
to parking lots, driveways, other buildings on the site, and across
common yard areas between buildings. Plan shall be accompanied by
cross sections of new streets, aisles, lanes, driveways, sidewalks
and bikeways. Any expansion plans for the proposed use shall show
feasible parking and loading expansion plans to accompany building
expansion.
(3)
Landscaping and environmental plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices and buffers, grading at two-foot contour intervals inside the tract and within 50 feet of its boundaries, seeded or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, lighting, shrubbery, trees, and other landscaping features. These plans shall show the location and type of man-made improvements and the location, species, and caliber of plant material and trees to be located on the tract. All portions of the property utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn areas, ground cover, rock formations, contours, existing foliage, and the planting of coniferous and/or deciduous trees in the shade tree list set forth by the Township in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. Lawn seed or sod or ground cover areas shall be established on a minimum of four inches of topsoil. Topsoil shall be clear of debris and of good quality. Grasses shall be from a seed mix and be relatively free of noxious weeds. All landscaping plans shall incorporate the elements set forth in § 110-28D of this chapter. All plant material types shall be approved for use. Consideration shall be given to exposure, drainage, maintenance, and pollutants such as salt. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities, and landscaping shall be coordinated to prevent erosion and siltation, as well as assuring that the capacity of any material or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas. The environmental impact report, if called for, shall accompany the landscaping and environmental plan. If an environmental plan is deemed necessary, the requirements for said plan are set forth in § 110-90 of this chapter.
[Amended 6-4-1997 by Ord. No. 1997-5]
(4)
Facility plan. This shall show the existing and proposed
locations of all drainage; open space; common property; fire, gas,
electric, telephone, sewerage and waterline locations; and solid waste
collection and disposal methods including proposed grades, sizes,
capacities, and materials to be used for facilities installed by the
applicant. Installations by utility companies need only show their
sizes and locations on the plan. All easements acquired or required
on the tract and across adjacent properties shall be shown and copies
of legal documentation that support the granting of an easement by
an adjoining property owner shall be included. The method of sanitary
waste disposal shall be shown. All proposed lighting shall be shown
including the direction, angle, height and reflection of each source
of light. All utilities shall be installed underground. All required
state and federal approvals for environmental considerations shall
be submitted prior to site plan approval. Drainage facilities shall
include facilities to comply with the stormwater runoff provisions
of this chapter.
G.
Purpose. The standards noted above shall be for the
general purposes of enhancing the neighborhood; providing adequate
access to off-street parking and loading facilities for employees,
visitors and residents; providing buffering techniques for safety
or aesthetic purposes; preventing uses which violate applicable state
and federal safety and environmental regulations; preserving floodways
and flood hazard areas; and requiring that all raw materials, fuel,
goods in process, finished goods, machinery and equipment shall be
housed or screened from residential uses.
A.
Before approving a subdivision or site plan, the approving
authority shall require that streets, public drainageways, flood control
basins and public areas designated for reservation on the Master Plan
or Official Map must be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of up to one year after the approval of the final plat
or within such further time as may be agreed to by the developer.
Unless during such period or extension thereof the Township shall
have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to streets and roads, flood control basins or public drainageways
necessitated by the subdivision or land development and required for
final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that determination of such fair
market value shall include, but not be limited to, consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering, or other
professional services incurred in connection with obtaining subdivision
approval or site plan approval, as the case may be, caused by the
reservation.
C.
Upon the submission to the approving authority of
an application for development showing development proposed for an
area reserved on the Official Map or Master Plan, the Secretary of
the approving authority shall notify the Township Committee in writing
of such application, and that the approving authority intends to grant
approval for said development in the reserved area unless the Township
Committee notifies the approving authority prior to the date for final
approval that it intends to reserve the area in question and will
provide compensation to the developer for such reservation. Said notice
of intent to reserve shall be in the form of a resolution by the Township
Committee. The Township Committee shall thereupon proceed either to
reach an agreement with the developer as to the amount of compensation
to be paid for such reservation, or negotiate a purchase price for
said reserved area. Upon the Township Committee arriving at the amount
to be paid the developer by way of compensation for reservation or
purchase, said amount shall be deposited in escrow for the benefit
of the developer.
Before final approval of a subdivision or site
plan, the approving authority may require, in accordance with the
standards of this chapter and an adopted Circulation Plan and Utility
Service, Public Facilities and Open Space, as shown on the Official
Map, the installation, or the furnishing of a performance guarantee
in lieu thereof, of any or all of the following off-tract improvements
which are necessary or appropriate for the protection of the public
interest by reason of the development's effect on land other than
the developer's property; street improvements, water system, sewerage,
drainage facilities and easements therefor.
A.
Essential off-tract improvements.
(1)
In cases in which a development has no direct access
to a public street, improved and meeting the standards of N.J.S.A.
40:55D-34 and 40:55D-35, the approving authority may, nevertheless,
grant plat approval for plats otherwise meeting the requirements of
this chapter, if the developer shall acquire, improve, and dedicate
to the Township such street between the development and an existing
improved public street as shall be approved by the approving authority
and the Township Committee. Such off-tract connections shall be subject
to the provisions of this article as if they were required improvements
for the development. The dedication thereof shall be subject to approval
of the Township Attorney as to form. The provisions of this section
shall be applicable only upon the request of the developer.
(2)
In cases in which surface or other drainage waters
are to be diverted from the proposed development into other drainage
facilities, ditches or stormwater systems or onto other lands or onto
any streets or roadways, and it appears that such off-tract facilities
are not adequate to accommodate the additional waters from the site
of the applicant or the volume in which the water from the site of
the applicant will be discharged, or that the changes in grade on
site or diversion of surface waters therefrom will be likely to cause
damage to other properties or facilities, so that provision is required
to extend or enlarge or create publicly controlled drainage facilities
off tract, and the need for such additional enlarged and/or new off-tract
facilities is occasioned by the needs of the applicant and the proposed
development, and that the costs of such additional, enlarged or new
facilities will not be an unreasonable burden upon the applicant if
borne solely by the applicant in the light of the relationship of
such costs to the entire project of the applicant, the approving authority
may, nevertheless, grant final approval if the developer shall acquire,
improve, and dedicate to the Township such enlarged, additional or
new drainage facilities, as the case may be, as shall be approved
by the approving authority and the Township Committee. Such off-tract
drainage improvements shall be subject to the provisions of this article
as if they were required improvements within the development. The
dedication thereof shall be subject to approval of the Township Attorney
as to form. In lieu of the developer's performing such off-tract drainage
work, the developer and Township Committee may enter into an agreement
for such work to be performed by the Township or its contractors at
the cost of the developer. The provisions of this section shall be
applicable only upon the request of the developer.
B.
Where the approving authority shall determine that off-tract improvements would be essential to the development, as set forth in Subsection A(1) and (2) above, the cost of said improvements shall be assessed or apportioned in accordance with the Municipal Land Use Law and the laws of the State of New Jersey against those properties especially benefited thereby.
A.
The Township may, at any time and from time to time,
accept the dedication of land for public use and maintenance, or any
interest therein, required to be set aside, designated and reserved
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such land as a condition of approval, but such dedication
shall not be required by the approving authority.
B.
The developer shall provide for an organization for
the ownership and maintenance of any open space for the benefit of
owners or residents of a development, if said open space is not dedicated
to the Township. Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space for the benefit of such development, and thereafter, such organization
shall not be dissolved or dispose of any of its open space without
first offering to dedicate the same to the Township.
C.
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the Township
Committee may serve written notice upon such organization or upon
the owners of the development setting forth the manner in which the
organization has failed to maintain the open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Township Committee may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they may be cured. If the
deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 65 days or any permitted extension
thereof, the Township, in order to preserve the open space and maintain
the same for a period of one year may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
Township Committee shall, upon its initiative or upon the request
of the organization theretofore responsible for the maintenance of
the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Township Committee, at which hearing such organization and
the owners of the development shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the Township Committee shall determine that
such organization is ready and able to maintain said open space in
reasonable condition, the Township shall cease to maintain said open
space at the end of said year. If the Township Committee shall determine
such organization is not ready and able to maintain said open space
in a reasonable condition, the Township may, in its discretion, continue
to maintain said open space during the next succeeding year, subject
to a similar hearing and determination in each year thereafter. The
decision of the Township Committee in any case shall constitute a
final administrative decision subject to judicial review.
D.
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien, and shall become
a lien and tax on said properties and be added to and be a part of
the tax to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
A.
Site plans and conditional use applications.
(1)
Upon the submission to the Administrative Officer of a complete application for a site plan for 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to § 110-44 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to be the applicant.
(2)
Upon the submission of a complete application for
a site plan of more than 10 acres, or for a conditional use approval,
the Planning Board shall grant or deny preliminary approval of the
site plan and/or approval of the conditional use within 95 days of
the date of such submission or within such further time as may be
consented to by the applicant.
B.
Subdivision applications, other than minor subdivision.
(1)
Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 110-72 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to § 110-44 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 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.
(2)
Upon the submission of a complete application for
a subdivision of more than 10 lots, the Planning Board 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.
C.
Failure of the Planning Board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the subdivision and/or site plan and/or conditional
use as submitted.
[Amended 4-3-1990 by Ord. No. 1990-1]
A public hearing shall be held on all preliminary
plat applications for site plan approval involving property for which
a major site plan is requested, which property is within 200 feet
of residentially zoned property. A public hearing is not required
for all other major site plan applications nor is a public hearing
required for any site plan waiver application or minor site plan application.
A.
Preliminary approval of a major subdivision or site plan except as provided in Subsection B of this section shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms 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 tract improvements; and,
in the case of a site plan, existing natural resources to be preserved
on the site; vehicular and pedestrian circulation, parking and loading,
screening, landscaping and location of structures; exterior lighting
both for safety reasons and streetlighting; except that nothing herein
shall be construed to prevent the Township 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 or site
plan; and
(3)
That the applicant may apply for and the reviewing
board may grant extensions on 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 may govern.
B.
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 Subsections A(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 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, and 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.
A.
The reviewing Board shall grant final approval if
the detailed drawings, specifications and estimates 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, (N.J.S.A. 46:23-9.9 et seq.), provided
that in the case of a planned development the reviewing body may permit
minimal deviations from the conditions of preliminary approval necessitated
by change of condition 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.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Administrative
Officer 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
evidence of approval.
A.
The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, except for the requirements of § 110-21.
B.
The approving authority, when acting upon application for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, except for the requirements of § 110-21.
C.
All of the design criteria as set forth in Article VII of this chapter with the sole exception of that section dealing with conditions required for a conditional use shall be construed as being the proper subject for exception or waiver as is set forth above. Article VII is hereby expressly declared subject to the provisions of N.J.S.A. 40:55D-51, and the design criteria contained in Article VII shall not be construed as being part of the Zoning Ordinance, with the sole exception being § 110-106 which sets forth the criteria for conditional uses.
D.
The approving authority shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval. The longest time period for
action by the approving authority, whether it be for subdivision,
conditional use, or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
E.
Notwithstanding the aforementioned exceptions, no
such exception shall apply to Pinelands application requirements or
development standards nor shall it affect the Township's compliance
with the standards of the Comprehensive Management Plan.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 110-67 of this chapter, 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 section shall expire if the plat has not been duly recorded within the time period provided in § 110-73 of this chapter. 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 § 110-73 of this chapter, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 110-67 of this chapter for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development, or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection A of this section, for such period of time, no 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 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.
[Amended 5-1-2018 by Ord.
No. 2018-6]
For the purpose of assuring the installation and maintenance
of bondable land development improvements, as a condition of all final
site plan, subdivision, and/or zoning permit approvals, the Board
and/or Zoning Officer shall require, as appropriate, and the Township
Committee shall accept, in accordance with the standards adopted hereinafter:
A.
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of the improvement, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and
all bondable items as permitted therein. The Township Engineer shall
prepare an itemized cost estimate of the improvements covered by the
performance guarantee, which itemized cost estimate shall be appended
to each performance guarantee posted by the obligor.
B.
The furnishing of a maintenance guarantee in favor of the Township
in an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and
all bondable items as permitted therein.
C.
The furnishing of a temporary certificate of occupancy guarantee
in the amount of 120% of the cost of installing the remaining improvements
required to be completed before the issuance of a permanent certificate
of occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
D.
The furnishing of a safety and stabilization guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the Township Engineer
shall calculate the bond amount in accord with the following: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1 million, plus 1%
of bonded improvement costs in excess of $1 million.
[Added 5-1-2018 by Ord.
No. 2018-6]
In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
[Added 5-1-2018 by Ord.
No. 2018-6]
If the required improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements. Such completion or correction of improvements
shall be subject to the public bidding requirements of the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Added 5-1-2018 by Ord.
No. 2018-6]
All improvements shall be in accordance with the design standards
of the Township Code or as authorized by a design exception granted
by the reviewing board and shall be subject to inspection and approval
by the Township Engineer. The Township Engineer shall be notified
24 hours prior to the start of the various phases of the work and,
if discontinued, shall again be notified when the work will be continued.
[Added 5-1-2018 by Ord.
No. 2018-6]
A.
Upon substantial completion of all required improvements, the obligor
may request of the governing body, in writing, by certified mail addressed
in care of the Township Clerk, that the Township Engineer prepare,
in accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to this
chapter, a list of all uncompleted or unsatisfactorily completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the Township Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the Township Committee,
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
B.
The list prepared by the Township Engineer shall state, in detail
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the Township Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Township Engineer
and appended to the performance guarantee pursuant to this chapter.
C.
The Township Committee, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee pursuant to this chapter. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Township Engineer. Upon adoption of the resolution
by the Township Committee, the obligor shall be released from all
liability pursuant to its performance guarantee, with respect to those
accepted improvements, except for that portion sufficient to secure
completion or correction of the improvements not yet accepted; provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
If any portion of the required improvements is rejected, the Township
shall require the obligor to complete or correct such improvements,
and, upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
[Added 5-1-2018 by Ord.
No. 2018-6]
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements; provided that the municipality may require of the
developer a deposit for the inspection fees in an amount not to exceed,
except for extraordinary circumstances, the greater of $500 or 5%
of the cost of improvements, which cost shall be determined pursuant
to N.J.S.A. 40:55D-53.4.
[Added 5-1-2018 by Ord.
No. 2018-6]
In the event that final approval is by stages or sections of
development pursuant to Subsection a of Section 29 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-38), the provisions of this section shall be
applied by stage or section.
[Added 5-1-2018 by Ord.
No. 2018-6]
To the extent that any of the improvements have been dedicated
to the Township on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guarantee required hereunder, to accept dedication for public use
any improvements made thereunder, provided that such improvements
have been inspected and have received final approval by the Township
Engineer.
A.
No notice or public hearing shall be required for an application for development which conforms to the definition of minor subdivision in § 110-4 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or a subcommittee of the Board may condition such approval on terms ensuring the provision of improvements pursuant to Article VII of this chapter.
B.
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 Planning Board or within such further time
as may be consented to by the applicant. Failure of the Planning Board
to act within the period prescribed shall constitute minor subdivision
approval and a certificate of the Secretary of the Planning Board
as to the failure of the Planning 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.
C.
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 (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 county recording officer, the Township Engineer and the Township
Tax Assessor. 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.
D.
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.
A.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The approving authority may for good cause shown
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to § 110-71 of this chapter.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Township approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
B.
In addition to the foregoing, the Township may institute
and maintain a civil action:
A.
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision three years preceding August
1, 1976, may apply in writing to the Township Clerk for the issuance
of a certificate certifying whether or not such subdivision has been
approved by the Planning Board. Such application shall contain a diagram
showing the location and dimension of the land to be covered by the
certificate and the name of the owner thereof.
B.
The Township Clerk shall make and issue such certificate
within 15 days after receipt of such written application and the fees
therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his or her office.
C.
Each such certificate shall be designed a "certificate
as to approval of subdivision of land" and shall certify:
D.
The Township Clerk shall be entitled to demand and
receive for such certificate issued by him or her a reasonable fee
not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The
fees so collected by the Township Clerk shall be paid by him or her
to the Township.
