Any applicant wishing to subdivide or resubdivide
land within the Township of Washington shall apply for and obtain
the approval of the Planning Board in accordance with the following
procedure. The applicant or his agent shall appear at all regular
meetings of the Planning Board whenever the application is being considered.
Failure to appear shall constitute withdrawal without prejudice; provided,
however, that the Board may waive said failure to appear for good
cause shown. The Planning Board may act on minor subdivisions without
the applicant or his agent being present.
[Amended 6-18-1979 by Ord. No. 56-79; 2-18-1980 by Ord. No. 2-80; 8-18-1986 by Ord. No. 26-86]
A. Procedure. An applicant for the subdivision of land may submit to the Planning Board Clerk an application for subdivision, the required application fee as specified in §
175-11 herein and sufficient copies of a sketch plat and reverse line sepia containing the information required in Article
V, Plat Details.
B. Recommendation. After review, the Planning Board may
make recommendations to the developer as to the suitability of the
proposed development or, if alternate proposals are offered, which
proposal is preferred.
[Added 8-18-1986 by Ord. No. 26-86]
A. Procedure. The applicant shall submit applications and plat in number and forms as required by Chapter
111, Land Use Procedures, §
111-9, and official forms. The Planning Board Clerk shall retain two copies of the plat and forward copies of the plat to the following for review and comment:
(2) The County Planning Board.
(3) The Township Health Officer.
(4) The Township Construction Official.
(5) The Township Tax Assessor.
(6) Other agencies as may be determined.
B. The Chairman shall determine whether applications are to be heard by the full Planning Board or its Minor Subdivision Committee. (See Chapter
111, Land Use Procedures, §
111-12.)
C. The Planning Board or the Minor Subdivision Committee shall have the authority to approve a minor subdivision without the necessity of such referral to other agencies as may be designated pursuant to Subsection
A(6).
D. In order to facilitate review of subdivisions, the
applicant or his representative must be available to walk the tract
with the representative of the Planning Board or Minor Subdivision
Committee or, alternatively, must have all boundaries and proposed
boundaries clearly marked so that they may be readily ascertained
by such representatives.
E. Action.
(1) The Planning Board or the Minor Subdivision Committee
shall not approve or conditionally approve the minor subdivision until
either receipt of comments by the above agencies or officials or the
lapse of 30 days from referral without any comments, whichever comes
first.
(2) Where there is a question of the suitability of a
lot or lots for their intended use due to factors such as rock formations,
soil conditions, steep slopes, streams, watercourses, flood conditions,
high-water table and/or other environmentally sensitive factors, the
Planning Board or the Minor Subdivision Committee may require the
applicant to submit information satisfactory to it on any or all of
the above factors. Upon receipt and review of the above information,
it shall have the right to grant approval conditional on one or all
of the following:
(a)
Compliance with specific actions to render the
lot(s) suitable for the intended use.
(b)
Compliance with specific drainage and/or conservation
easements restricting portions of the lot(s) from the intended use.
(c)
Compliance with construction and/or design techniques
which would render the proposed structure compatible with the specific
unsuitability factor, including but not limited to slab construction
or foundation piling.
(3) If approved, a notation to that effect shall be made on the plat, and it shall be signed by the Chairman of the Planning Board or Minor Subdivision Committee and the Planning Board Clerk and returned to the subdivider when the provisions of Subsection
H have been met. No approval shall be granted unless the applicant secures a statement from the Tax Collector that all taxes have been paid to date on the property. If rejected, the reasons for rejection shall be set forth in the resolution of denial.
F. Filing with County Recording Officer. If approved
as a minor subdivision, a plat drawn in compliance with Chapter 141
of the Laws of 1960 or a deed stamped with the date of Planning Board approval
shall be filed with the county recording officer within 190 days from
the date of approval. Failure to file within 190 days shall void said
subdivision approval.
G. Lands resulting from subdivisions. Any lands, lots
or parcels resulting from a minor subdivision, including remaining
lands, shall not be resubmitted as a minor subdivision for a twenty-four-month
period from the date of final approval as a minor subdivision.
H. Approved minor subdivisions; municipal distribution.
Before the Planning Board Clerk returns any approved minor subdivision
to the subdivider, the applicant shall provide the Clerk with a certificate
of filing from the County Clerk's office. The Clerk shall distribute
copies of the approved subdivision to each of the following:
(3) The Township Construction Official.
(4) The Township Tax Assessor.
I. Planning Board action. The Planning Board or Minor
Subdivision Committee shall grant or deny a minor subdivision within
45 days after submission of a complete application to the Planning
Board Clerk or within such time as may be consented to by the applicant.
J. Effect of minor subdivision approval. The granting
of minor subdivision approval shall guarantee that 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.
K. Developer's agreement. The Planning Board may require,
as a condition of subdivision approval, that the developer enter into
an agreement with the Township with regard to compliance with Township
ordinances and such other matters, including but not limited to the
installation of any public improvements which may be required pursuant
to the resolution of subdivision approval. The developer's agreement,
which shall be drafted by the Township Attorney, shall be executed
by all parties and accepted by the Township Committee prior to the
commencement of any construction.
[Added 12-21-1998 by Ord. No. 42-98]