Township of Woolwich, NJ Article II Site Plan Approval

§ 163-4 General approval requirements.

A. No one shall subdivide or resubdivide land in the Township of Woolwich without first obtaining approval by the Township Planning Board.

B. No approval shall be granted until the payment of the appropriate fees as specified by Township ordinance.[1]

[1] Editor's Note: See Ch. 93, Fees.

C. No minor or major subdivision shall be finally approved until proof has been submitted that no taxes or assessments for local improvement are due or delinquent on the property for which the subdivision application is made.

D. Unless otherwise specified herein, applications and approval procedures shall be in accordance with the provisions of the Chapter 23, Land Use Procedures, and the Municipal Land Use Law.[2]

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

E. In the event any single property owner or consortium of property owners owns property located within the Woolwich Regional Center and Auburn Road Village, as defined in Part 2 of the Zoning Ordinance,[3] entitled "Woolwich Regional Center and Auburn Road Village Regulations and Design Standards," consisting of 15 acres or more, he/she or it may apply to the Joint Land Use Board for General Development Plan (GDP) approval for its portions of either Center and shall be subject to the provision of N.J.S.A. 40:55D-45 et seq. regarding GDP review and approvals. Both property owners or consortiums of property owners who obtain GDP approval and those who do not obtain a GDP approval for their property shall be required to obtain site plan and/or subdivision approval as may be required by law in addition to complying with the conditions of Part 2 of the Zoning Ordinance.[4]

[Added 12-15-2014 by Ord. No. 2014-17]

[3] Editor's Note: See Ch. 203, Zoning, Part 2.

[4] Editor's Note: See Ch. 203, Zoning, Part 2.

§ 163-5 Minor subdivision.

A. The Planning Board shall waive notice and pubic hearing for an application for development if the Planning Board or Subdivision Committee of the Board appointed by the Chairman finds that the application for development based on a sketch plat submission conforms to the definition of "minor subdivision."

B. 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 approval on terms assuring the provision of improvements pursuant to Section 29, 29.1, 29.2, and 41 of the Municipal Land Use Law.[1] The provisions of N.J.S.A 40:55D-47 shall govern such application and approval.

[1] Editor's Note: See N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53.

C. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[2] or a deed clearly describing the approved minor subdivisions, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.[3]

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

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 163-6 Preliminary and final approval of major subdivision.

A. In order to obtain preliminary major subdivision approval, the Planning Board shall require that the developer submit to the Administrative Officer a preliminary plat and such other information that is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions shall not be subject to this section. The provisions of N.J.S.A. 40:55D-48 shall govern such application procedure and approval, in addition to the provisions of the Land Use Procedures Ordinance of the Township of Woolwich.

B. Upon submission of a complete application for a subdivision of 10 or fewer lots, 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. Upon 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. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 23-1G(8) of Chapter 23, Land Use Procedures, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application 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 approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. Provisions of N.J.S.A. 40:55D-49 shall apply in the event of preliminary approval of a major subdivision.

E. Final approval.

(1) Effect of final approval of major subdivision. The provisions of N.J.S.A. 40:55D-52 shall apply to the final approval of a major subdivision.

(2) The Planning Board shall grant final approval of a major subdivision if the detailed drawings, specifications, final plat and estimates of the application for final approval conform to the standards established by ordinances of the Township of Woolwich, the conditions of preliminary approval and the standards prescribed by the Map Filing Law, P.L. 1960, c.141 (N.J.S.A 46:23-9.9 et seq). All fees required by ordinance of the Township of Woolwich shall be paid prior to final approval of a major subdivision. The provisions of N.J.S.A. 40:55D-50 shall apply to final approval of major subdivisions. Deeds for all easements to the Township, as required by the Planning Board and approved by the Municipal Engineer as to content and by the Municipal Attorney as to form, shall be delivered by the subdivider prior to final approval.

(3) Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be considered to by the applicant.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(4) 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 Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing the plat. [4]

[4] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 163-7 Granting of exceptions.

The Planning Board when acting upon application for a preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision 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 impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 163-8 Simultaneous review and approval of conditional uses.

The Planning Board shall have the power to review and approve or deny conditional uses simultaneously with the review for subdivision approval without the developer being required to make further applications to the Planning Board or the Planning Board being required to hold further hearing. The longest time period for action by the Planning Board, whether it be for subdivisions or conditional use, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 163-9 Distribution of copies of plats.

Copies of any plats received in application for approval of a minor subdivision or preliminary or final approval of a major subdivision shall upon receipt by the Administrative Officer or Secretary of the Board be immediately forwarded to the following persons:

A. Municipal Clerk.

B. Municipal Engineer.

C. Zoning Officer.

D. County Planning Board.

E. Tax Assessor.

F. County Board of Health.

G. Local Fire Department or Fire Marshal (major subdivisions only).

§ 163-9.1 Notice to local school districts.

[Added 4-3-2017 by Ord. No. 2017-07]

A. Final approval for major final subdivision approval involving residential housing shall be conditioned upon the applicant furnishing final development plans to both the Swedesboro-Woolwich School District and the Kingsway Regional School District. Said plans shall include the following:

(1) Plot plan showing all lots and number of lots contained therein.

(2) Street map of development, including street names.

B. Proof of service. The Township of Woolwich will not sign approved plans until the applicant has provided a certification of proof of service to the school districts on a form to be provided to the applicant along with proof of return receipt of certified mailing.

§ 163-10 Improvements or guaranties prior to final approval.

Before consideration of a final subdivision plat, the developer will have installed the improvements required by the preliminary approval, the Planning Board and this chapter, or prior to final approval, the approving authority may require a corporate surety bond, a certified check returnable to the subdivider after full compliance or any other type of surety approved by the governing body and approved to form by the Municipal Solicitor for the purpose of assuring the installation and maintenance of on-tract improvements and for installation of off-tract improvements. The provisions of N.J.S.A. 40:55D-53 shall govern said bonds and the completion, inspection and approval of said improvements and the payment of inspection fees.

§ 163-10.1 Nonapplicability to commercial development.

[Added 5-4-2015 by Ord. No. 2015-07]

The requirement for performance guarantees as set forth in § 163-10 shall not apply to commercial development.

§ 163-11 Installation of utilities or filing of performance guaranty.

The final plat of a major subdivision shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and exact location and elevation identifying those portions already installed and those to be installed and that the subdivider has complied with one or both of the following:

A. Installed all improvements in accordance with the requirements of these regulations or

B. Filed a performance guaranty which has been approved by the Municipal Solicitor and is in sufficient amount to assure the completion of all required improvements.