A.
There shall be no subdivision of land nor land development
associated with subdivision or site plans unless such subdivision
or a site plan shall have been approved by resolution of the Planning
Board, and such resolution shall be a condition for the issuance of
a permit for any development, except that subdivision or individual
lot applications for detached one- or two-dwelling-unit buildings
shall be exempt from site plan review and approval. A resolution of
the Zoning Board of Adjustment shall substitute for that of the Planning
Board whenever the Board of Adjustment has jurisdiction over a subdivision
or a site plan pursuant to N.J.S.A. 40:55D-76b.
B.
Prior to the hearing on adoption of an ordinance providing
for Planning Board approval of either subdivisions or site plans or
both or any amendment thereto, the governing body shall refer any
such proposed ordinance or amendment thereto to the Planning Board
pursuant to N.J.S.A. 40:55D-26a.
C.
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 Sussex County Planning Board for
review or approval, as required by the aforesaid sections, and the
Township 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. The
Planning Board and/or governing body shall have the right to offer
comment on the review, approval and report(s) of the county, either
partly or entirely, and join with or depart from the position of the
applicant with respect thereto.
A.
All applications for development as defined in this
chapter shall be submitted and proceeded upon in accordance with the
provisions of this chapter, including standards for preliminary and
final approval and provisions for processing of final approval by
stages or sections of development.
B.
The layout and arrangement of any subdivision or land development shall be consistent with and satisfy the requirements of Article XI, Zoning, of this chapter.
C.
All streets in a subdivision or land development shall be of sufficient width and suitable grade and shall be suitably located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings, and coordinated so as to compose a convenient system consistent with the circulation element of the Master Plan and the Official Map, if there be one, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain, provided that no street of a width greater than 50 feet within right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width or already has been shown on the Master Plan at the greater width, or already has been shown in greater width on the Official Map, if there be one. All streets in a residential development shall satisfy the requirements for residential development contained in Article VIII.
D.
Every subdivision and land development shall make
provision for adequate water supply, drainage, shade trees, sewerage
facilities and other utilities as are necessary for essential services
to residents and occupants.
E.
In the event that area within a subdivision or land
development is to be reserved for public use pursuant to N.J.S.A.
40:55D-44, such area shall be of suitable size, shape and location
for its intended purpose.
F.
In any application involving planned development or
residential cluster development, adequate and suitable provision shall
be made for the setting aside of open space for the use and benefit
of the residents of such development.
G.
Any land subject to flooding pursuant to N.J.S.A.
40:55D-65(e) shall only be developed in accordance with state and
Township regulations concerning development of lands that are subject
to flooding, and all such development shall be designed to avoid danger
to life or property.
H.
Soils shall be conserved to the greatest practicable
extent and protected from erosion by wind or water or from excessive
disturbance by excavation or grading. Soils shall be protected and
conserved in accordance with prevailing standards and, where appropriate,
subject to the review and approval of, the Sussex County Soil Conservation
District.
J.
Any development adjacent to or involving a county
road within the Township shall conform with the Access Management
Code adopted by the County of Sussex, N.J.S.A. 27:16-1. Land development
adjacent to or involving an existing or proposed municipal street
shall conform with any municipal Access Management Code adopted pursuant
to N.J.S.A. 40:67-1.
K.
Any proposed development which shall be adjacent or
proximate to, or otherwise involve, potable water supply reservoirs
shall include adequate and suitable protections for such potable water
supply from pollution or other degradation of water quality resulting
from the development, or other uses of surrounding land areas. All
such provisions shall be in accordance with any siting, performance,
or other standards or guidelines adopted therefor by the Department
of Environmental Protection.
L.
Any stormwater detention facilities proposed in connection
with land development shall conform with prevailing public safety
regulations of the Township of Stillwater, the County of Sussex and
the State of New Jersey, and as otherwise reflected in stormwater
management plans and stormwater management ordinances adopted pursuant
to N.J.S.A. 40:55D-93 et seq.
M.
No plan shall be approved nor any land developed unless
adequate and suitable provision has been made for grading, improvement
and construction of streets or drives or for any required walkways,
curbs, gutters, streetlights, shade trees, fire hydrants and water,
and drainage and sewerage facilities and other improvements as shall
be found necessary. All such development designs and activities shall
conform with the standards contained in this chapter. However, the
absence of one or more specific standard(s) in these respects shall
not relieve the applicant from making adequate and suitable provision(s)
therefor by prevailing standards of engineering and planning. Such
facilities shall be completed either prior to final approval of a
subdivision or site plan, or subsequent thereto by the posting of
performance guarantees pursuant to this chapter.
N.
All subdivisions and site plans shall conform to the applicable provisions of Article XI, Zoning, of this chapter.
O.
Any application involving open space shall specify
the means by which the common lands are to be operated and owned.
If Township ownership is proposed and, in the opinion of the Planning
Board, such ownership will be consistent with the objectives of the
Master Plan or Official Map, then the Planning Board shall recommend
to the governing body that said open space or land resulting from
the application of open space development be accepted by the Township.
If the governing body declines to take ownership or if the applicant
does not desire to offer open space to the Township, the applicant
shall submit an open space plan providing only for homeowners' ownership
of common land.
P.
The performance of any land development pursuant to
subdivision or site plan approval shall be in substantial accordance
with the final development plan, provided that the Planning Board
may permit a deviation from the final plan if caused by change of
conditions beyond the control of the developer since the date of final
approval, and the deviation would not substantially alter the character
of the development or substantially impair the intent and purpose
of the Master Plan, the zoning ordinance or this chapter.
Q.
Whenever a waiver is sought as to any subdivision
or site plan regulation pursuant to N.J.S.A. 40:55D-51, the applicant
shall submit a narrative explaining why the applicant should be entitled
to such waiver.
R.
Each lot created after the adoption of this subsection shall contain a minimum of one acre of contiguous developable land. See § 240-4 for a definition of the term "contiguous developable land." If the lot contains less than a minimum of one acre of contiguous developable land, the Township Planning Board may withhold approval of the lot. The purpose of this subsection is to create lots which are of a size sufficiently large enough to accommodate the principal building and any accessory buildings, structures, and accessory uses, such as garages, sheds, barns and swimming pools, dog enclosures and the like, together with all access drives and parking areas in accordance with all provisions of this chapter.
[Added 3-6-2007 by Ord. No. 2007-3]
A.
Provision shall be made for off-tract water, sewer,
drainage, and street improvements which are necessitated by a subdivision
or land development, subject to the provisions of N.J.S.A. 40:55D-42.
As a condition to approval of a subdivision or site plan, a developer
may be required by the Planning Board to pay his pro rata share of
the cost of providing reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the subdivision or development,
but necessitated or required by construction or improvements within
such subdivision or development. A determination of the proportionate
pro rata amount of the cost of such facilities that shall be borne
by the developer shall be determined in accordance with the standards
contained in this chapter or as otherwise provided by law, and shall
not be altered subsequent to preliminary approval.
B.
As a development option, and where permitted subject
to the zoning regulation, the developer may propose a planned development.
In exercising such option, a developer shall demonstrate creativity
in development and economy in the use of lands as well as the layout
and design of the proposed planned development. To encourage and exploit
greater creativity, flexibility and economy, a developer may seek,
and the Planning Board shall be authorized to grant approval upon
mutual agreement between the applicant and the Planning Board on the
basic scheme of a planned development, and otherwise in accordance
with the provisions of this chapter for planned developments.
C.
Any common open space resulting from the application of standards for density or intensity of land use shall be set aside for the use and benefit of the owners or residents in such development subject to § 240-52O and of this article. Subject to Planning Board approval, the owners or residents in the development may devote such open space, other than wooded areas. Otherwise said open space shall be used only for recreational use, both active and passive.
D.
The Planning Board shall be and is hereby authorized
to allow for a greater concentration of density or intensity of land
use within a section or sections of development, whether it be earlier,
later or simultaneous in the development, than in others; such greater
concentration of density or intensity of land use for any section
to be developed shall be offset by a smaller concentration in any
completed prior stage or by an appropriate reservation of common open
space on the remaining land by grant of easement or by covenant in
favor of the Township, provided that such reservation shall, as far
as practicable, defer the precise location of common open space until
an application for final approval is filed, so that flexibility of
development can be maintained.
E.
In the case of a development which proposes construction
over a period of years, the applicant shall make adequate and suitable
provision for the protection of the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development.
F.
As a condition of Planning Board approval, the applicant
shall submit proof that no taxes or assessments for local improvements
are due or delinquent on the property for which any subdivision, site
plan or planned development application is made.
G.
The developer may seek and the Planning Board may
approve the varying, within a conventional subdivision, of lot areas
and dimensions, and yards and setbacks otherwise required by Township
development regulations in such a way that the average lot areas and
dimensions, yards and setbacks, within the subdivision conform to
the conventional norms of the Township development regulations, provided
that such standards shall be appropriate to the type of development
permitted.
H.
All site plan applications shall make adequate and
suitable provision for the following:
(1)
Preservation of existing natural resources on the
site;
(2)
Safe and efficient vehicular and pedestrian circulation,
parking and loading;
(3)
Screening, landscaping and location of structures;
(4)
Exterior lighting as necessary for safety reasons,
as well as provision for streetlighting;
(5)
Conservation of energy and use of renewable energy
sources; and
(6)
Recycling of designated recyclable materials.
I.
Fire protection.
[Added 7-10-2007 by Ord. No. 2007-13]
(1)
All major residential subdivisions and commercial site plans shall
provide fire protection facilities to supply adequate and continuous
water to each approved development or site. The Stillwater Township
Fire Department may submit its recommendations concerning proposed
water supplies directly to the Planning Board.
(2)
Major residential subdivisions consisting of five or more lots and
all major residential or commercial site plans shall install, at the
developer's sole expense, a fire protection system for the refill
of pumper trucks in accordance with the criteria set forth below:
(a)
Every principal structure must be located within 1,000 feet
of an adequate source of water for fire protection purposes, with
the required distance measured along the center line of the right-of-way.
(b)
The source of water for fire protection for all residential
subdivisions of five or more lots shall be an underground, single-walled
fiberglass tank with a minimum capacity of 20,000 gallons.
(c)
The source of water for fire protection purposes for commercial
developments shall be determined by applicable NFPA standards based
on the highest degree of hazard of the principal structure. In no
case shall the underground tank capacity be less than 10,000 gallons.
(d)
Underground water storage tanks must meet the following standards:
[1]
The top of the tank shall be at least 48 inches below finished
grade;
[2]
In residential zones, each underground tank shall be located
within the public right-of-way or an easement acceptable to the Township
of Stillwater;
[3]
In commercial zones, each underground tank shall be located
within:
[4]
All underground tanks located in residential zones shall be
dedicated to the Township of Stillwater.
[5]
All underground tanks located in commercial zones shall remain
the property of the commercial property owner. The property owner
shall, no less than every five years, test the tank in accordance
with manufacturer's specifications and shall provide testing and inspection
documentation to the Township.
[6]
All underground tanks must have paved access within seven feet
of its suction point.
[7]
Each underground tank shall have a permanent sign installed
showing the location and the capacity of the tank.
[8]
All public or private rights-of-way under which a tank is located
shall have a sign reading "No Stopping or Standing" located within
75 feet in each direction from the tank. Signs meeting the standards
of the Manual of Uniform Traffic Control Devices shall identify each
underground tank location.
[9]
All underground tanks shall be anchor-strapped and backfilled
by a method approved by the manufacturer.
[10]
Design and installation of the tank and related
components shall conform with all NFPA 1142 Standards on water supplies
for suburban and rural firefighting.
[11]
All tanks shall be guaranteed from defects in
construction and installation for a period of three years. All connections
shall be approved by the tank manufacturer.
[12]
Suction connection.
[a]
The suction connection shall be six inches in diameter
and have an anti-vortex plate at the bottom. The suction pipe shall
terminate outside the tank with a one-inch to six-inch male NST fitting
with a rocker lug cap.
[b]
The suction pipe connection shall terminate between
20 inches and 24 inches above the level of the grade where the vehicle
wheels will be located when the cistern is in use.
[c]
Suction piping shall be supported on the top of
the tank and to the bottom of the cistern with a space of eight inches
from the floor of the tank.
[d]
The bottom of the suction pipe to the pumper connection
shall not exceed 14 feet vertical distance.
[e]
The suction pipe shall be protected by two ballards,
placed one on each side of the suction pipe at a distance no closer
than two feet and no farther than three feet.
[13]
Vent pipe.
[a]
The vent pipe shall be sized according to tank
manufacturer recommendations, but shall not be less than eight inches
in diameter.
[b]
The vent pipe shall terminate not less than 36
inches above final grade, with the opening facing downwards.
[c]
Vent piping shall have screen covers installed.
[d]
The vent pipe shall contain a clapper or other
suitable device that will limit evaporation from the tank, but will
allow make-up air into the tank during drafting to prevent an inward
collapse of the tank.
[15]
Water level gauge. The tank shall have a suitable
aboveground water level gauge installed. This may be part of the vent
assembly.
[17]
Initial filling. The developer shall fill the
tank to capacity with clean water upon acceptance.
A.
If the Master Plan as amended (or the Official Map,
if and when there be one) provides for the reservation of designated
streets, public drainageways, flood control basins, walkways, trails
or other public areas within the proposed development, then, before
a subdivision or site plan shall be approved, the developer shall
show on a plat or plan, in locations and sizes suitable to their intended
uses, such streets, ways, basins or areas as the Planning Board may
require. The Planning Board may reserve the location and extent of
such streets, ways, basins or areas shown on the plat or plan for
a period of one year after the approval of the final plat or plan,
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 or plan
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 tax as 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.
If and where permitted pursuant to this chapter and, specifically, Article XI, the following shall be established prior to approval of any planned development:
A.
That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to
the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c and
this chapter;
B.
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate and suitable; and are in accordance with the requirements of § 240-52O of this article.
C.
That provisions through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic, and the amenities of light and air, recreation,
and visual enjoyment are adequate and suitable;
D.
That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established;
E.
In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate and suitable.
A.
Prior to the issuance of a permit for any development
other than for detached one- or two-dwelling-unit buildings and as
a condition for the issuance of any such permit for development, a
site plan shall be submitted to the Planning Board for its review
and approval, except 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 site plan pursuant to N.J.S.A.
40:55D-76b. This requirement shall be applicable for any permit required
for any new structure or for any addition to or alteration of an existing
structure or of parking facilities related to any structure, to any
change in use of a structure other than those hereinabove exempted
or to removal of vegetation or disturbance of soil in an area of over
5,000 square feet.
B.
Alterations to an existing structure shall be exempt
from site plan review only if there is no change of use or any additional
use proposed; the alteration involves only interior alterations; the
alteration does not trigger the need for additional parking and does
not affect the existing parking configuration, traffic circulation,
drainage, landscaping, buffering, exterior lighting or alteration
of the location of septic facilities; the alteration does not involve
the use of any portion of the existing building which was previously
vacant; and the alteration involves less than 20% of the gross floor
area of the building. If the Zoning Officer determines that a proposed
alteration meets the above conditions, he shall certify such exemption
and may proceed to issue a zoning permit, and the Construction Official
may issue construction permits.
A.
The developer shall submit to the administrative officer
a site plan and such other information as is reasonably necessary
to make an informed decision as to whether the requirements necessary
for preliminary site plan approval have been met, provided that minor
site plans shall not be subject to this section. The site plan and
any engineering documents to be submitted shall be required in tentative
form for discussing purposes for preliminary approval. Preliminary
architectural plans and elevations shall be required and shall be
sufficient for preliminary review.
B.
If the Planning Board requires or the developer seeks
any substantial amendment in the layout of improvements proposed by
the developer that have been the subject of a hearing, an amended
application for development shall be submitted and proceeded upon,
as in the case of the original application for development. The Planning
Board shall, if the proposed development complies with this article
and chapter, grant preliminary site plan approval.
C.
Upon the submission to the administrative officer
of a complete application for a site plan which involves 10 acres
of land or less, and 10 dwelling units or less, the Planning Board
shall grant or deny approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a site plan which
involves more than 10 acres, or more than 10 dwelling units, 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 to the site plan.
D.
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval pursuant to § 240-61. In either case, notice pursuant to § 240-35 shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which (1) increases density of development, (2) increases the square footage of buildings, (3) proposes a different use, (4) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to noise, glare, and increased drainage runoff, or (5) materially changes a required element of the approval. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.
E.
The Planning Board may grant preliminary approval
subject to conditions; provided, however, that the Planning Board
(1) shall specify the time for performance of such conditions and
(2) shall not grant approval subject to subsequent submission of additional
planning information fundamental to an essential element of the development
plan and an informed decision thereon. In the event that development
requires the subsequent approval of one or more governmental agencies
other than the Planning Board, the Planning Board shall, prior to
approval, determine the basic planning feasibility of any fundamental
element of the development plan that is otherwise subject to the jurisdiction
and powers of such other agency or agencies.
A.
A minor site plan as defined in this chapter shall
not require notice or public hearing, but shall instead be proceeded
upon by the Site Plan Committee of the Planning Board, which Committee
shall, where appropriate, report to the Planning Board that the application
for development conforms to the definition of minor site plan and
requires no further review by the Planning Board. Such report shall
be then adopted as the basis for an approval to be reflected in a
memorializing resolution of the Planning Board. Minor site plan approval
thus memorialized shall be deemed final approval of the site plan
by the Board, provided that the Board or subcommittee may condition
such approval on terms ensuring the provision of improvements pursuant
to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
B.
Minor site plan 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. Failure of the Planning Board to
act within the period prescribed shall constitute minor site plan
approval.
C.
Whenever review or approval of the application by
the Sussex County Planning Board is required by N.J.S.A. 40:27-6.6,
the Township 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.
D.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted, shall not be changed for a period of two years after
the date of minor site plan approval. The Planning Board shall grant
an extension of this period for a period determined by the Board but
not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
A developer shall apply for this extension before what would otherwise
be the expiration date, or the 91st day after the date on which the
developer receives the last of the legally required approvals from
the other governmental entities, whichever occurs later.
A.
The developer shall submit to the administrative officer a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions pursuant to § 240-60 of this article shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.
B.
If the Planning Board requires or the developer seeks
any substantial amendment in the layout of improvements proposed by
the developer that have been the subject of a hearing, an amended
application shall be submitted and proceeded upon, as in the case
of the original application for development. The Planning Board shall,
if the proposed subdivision complies with the ordinance, grant preliminary
approval to the subdivision.
C.
Copies of the preliminary plat, which shall conform to all requirements of Article VII of this chapter, shall be forwarded by the Secretary of the Planning Board, prior to the hearing, to the following persons:
D.
If the preliminary plat lies within 200 feet of another
municipal boundary, a copy of the plat shall be sent by the Secretary
of the Township Planning Board to the Secretary of the Planning Board
of the adjoining community. A written statement shall be requested
from the adjoining community indicating whether the proposed subdivision
of the Township of Stillwater is in reasonable harmony with its plans
for development. The Secretary of the Planning Board of the adjoining
community should be informed of the date of the public hearing, and
any communications received prior to this date will be considered
in relation to the approval or disapproval of the plat.
E.
Upon the submission to the administrative officer
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 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. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval to the subdivision.
F.
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval pursuant to § 240-61. In either case, notice pursuant to § 240-35 shall be required and shall state the nature of the proposed modification. A substantial modification shall mean one which (1) increases density of development, (2) increases the square footage of buildings, (3) proposes a different use, (4) would result in increased adverse impact upon properties in the immediate area with respect to factors such as, but not limited to noise, glare, and increased drainage runoff, or (5) materially changes a required element of the subdivision. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.
G.
The Planning Board may grant preliminary approval
subject to conditions; provided, however, that the Planning Board
(1) shall specify the time for performance of such conditions and
(2) shall not grant approval subject to subsequent submission of additional
planning information fundamental to an essential element of the development
plan and an informed decision thereon. In the event that development
requires the subsequent approval of one or more governmental agencies
other than the Planning Board, the Planning Board shall, prior to
approval, determine the basic planning feasibility of any fundamental
element of the development plan that is otherwise subject to the jurisdiction
and powers of such other agency or agencies.
A.
A minor subdivision as defined in this chapter shall
not require notice or public hearing. Where the Board finds that the
application for development conforms to the definition of minor subdivision
it may approve the minor subdivision by resolution or memorializing
resolution and may condition such approval on terms ensuring the provision
of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41
and 40:55D-53.
B.
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer, or 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. Failure
of the Planning Board to act within the period prescribed shall constitute
minor subdivision approval 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; 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.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, the Township
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.
D.
Except as provided in Subsection F of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Act, 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 Act, N.J.S.A. 46:23-9.9 et seq., 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.
E.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date on which the resolution of minor subdivision approval is adopted,
provided that the approved minor subdivision shall have been duly
recorded as provided in this section.
F.
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection D of this section if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
G.
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
[Added 6-16-2015 by Ord.
No. 2015-6]
A.
Application. An application for approval of a minor subdivision which
involves only a lot line adjustment shall be submitted to the Planning
Board. The applicant shall submit 15 copies of the application and
a survey prepared by a licensed land surveyor indicating the existing
and proposed lot lines and all existing structures and buildings,
as well as such other information as the Planning Board Engineer may
require. The applicant shall also submit an application fee of $200
and an initial escrow fee of $1,500. Upon approval the applicant shall
also submit to the secretary an amount to cover the GIS fee.
B.
Findings. The Planning Board has the jurisdiction to grant a minor
subdivision/lot line adjustment approval. The Planning Board Engineer
may recommend a minor subdivision/lot line adjustment subject to the
following criteria:
(1)
The adjustment involves one lot line between two adjoining lots;
(2)
Owner(s) of both lots consent(s) in writing to the adjustment;
(3)
No new lots are created;
(4)
Both lots are conforming after the adjustment, or any preexisting
nonconformities are not increased; and
(5)
If approved, the applicant must perfect the subdivision by deed
recorded in the Sussex County Clerk's office.
C.
Subsequent subdivision. Subsequent subdivision of the either of the
adjusted lots within two years of the filing of the adjusted lot deeds
in the County Clerk's office shall be accepted only as a major subdivision.
D.
Report by the Planning Board Engineer. Upon review of an application for approval, the Planning Board Engineer shall submit a report to the Planning Board in regard to the merits of the application. The Planning Board may approve the minor subdivision/lot line adjustment based solely on the recommendation of the Planning Board Engineer as long as the conditions outlined in Subsection B are satisfactorily addressed.
A.
Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall, except as provided in Subsection B of this section, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(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 off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41, 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, as the case may be; and
(3)
That the applicant may apply for and the Planning
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 of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections A(1), (2) and (3) of this section for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(3) or B of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
D.
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A(3) or B of this section.
E.
A copy of the action taken by the Planning Board shall
be forwarded to the Township Clerk.
F.
With the approval of the Planning Board the developer
may, upon receiving preliminary approval of a site plan or major subdivision,
commence construction of only the improvements authorized by N.J.S.A.
40:55D-53 and required by the Board, but no permits shall be issued
for the construction of buildings (other than those improvements required
by the Planning Board pursuant to the statute) until after the developer
has obtained final approval.
A.
The Planning Board shall grant final approval if the
detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by ordinance
for final approval, the conditions of preliminary approval, and in
the case of a major subdivision, the standards prescribed by the Map
Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that in the case
of a planned unit development, planned unit residential development
or residential cluster, the Planning Board may permit minimal deviations
from the conditions of preliminary approval necessitated by 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.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer, 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 final approval, 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, 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. Whenever review
or approval of the application by the County Planning Board is required
by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6
in the case of a site plan, the Township 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.
C.
The Planning Board may grant final approval subject
to conditions to be formed prior or subsequent to development or a
particular stage or section of development; provided, however, that
the Planning Board shall specify the time for performance of such
conditions and shall not grant approval subject to subsequent submission
of additional information fundamental to an essential element of the
development plan and an informed decision thereon. In the event that
development requires subsequent approval of one or more governmental
agencies other than the Planning Board, the Planning Board shall,
prior to approval, determine the basic feasibility of any fundamental
element of the development plan that is otherwise subject to the jurisdiction
and powers of such other agency or agencies.
D.
A copy of the action taken by the Board shall be sent
to the Township Clerk; a copy of the final plat shall be sent to the
Township Tax Assessor, the Township Zoning Officer, and the Construction
Official, and a copy of the final site plan shall be sent to the Construction
Official who may then issue construction permits, provided that performance
guarantees have been posted to cover required improvements which remain
incomplete, and a maintenance bond on all completed improvements.
A.
The Planning Board 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.
B.
Site plan approval and waiver.
[Amended 11-26-2013 by Ord. No. 2013-8]
(1)
Site plan approval shall not be required for any detached one- or
two-dwelling-unit buildings or any uses accessory thereto, such as
a private garage or storage shed incidental to residential uses; but
this shall not limit the requirements for submission and approval
of subdivision plats as otherwise required by Township ordinances.
(2)
The Planning Board has the jurisdiction to waive site plan approval
under certain circumstances. The Planning Board Engineer shall issue
a report making a recommendation in regard to an application for site
plan waiver. The Planning Board may waive site plan approval requirements
if the construction or alteration or change of occupancy or use does
not substantially affect existing circulation, drainage, relationship
of buildings to each other, landscaping, buffering, lighting and other
considerations of site plan review.
(3)
An application for approval of site plan waiver shall be submitted
to the Planning Board. The applicant shall submit 15 copies of the
application along with a survey prepared by a licensed land surveyor,
or other document deemed acceptable by the Planning Board Engineer,
indicating the existing lot lines and all existing structures and
buildings as well as other information as the Planning Board Engineer
may require. The applicant shall also submit an application fee of
$100 and an initial escrow fee of $600.
C.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board, or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, 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.
D.
Consolidated application. The applicant may file a consolidated application for final approval without having made prior application for preliminary approval by submitting a single application for final approval that includes the information required for preliminary approval together with the information required for final approval. The applicant may also file for consolidated disposition of certain elements, stages or sections of the development plan and obtain final approval thereon; provided, however, that preliminary approval shall have been granted as to the remaining elements, stages or sections of the development plan, and provided that adequate terms, conditions and guarantees have been established to ensure the completion of the development or the restoration of the site or tract, or portion thereof, to the extent of disturbance. A consolidated application shall be proceeded upon in accordance with the procedure for preliminary approval pursuant to § 240-57 or 240-59. Approval of a consolidated application shall confer the rights provided under § 240-64.
A.
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to N.J.S.A 40:55D-49, whether conditionally or otherwise,
shall not be changed for a period for two years after the date on
which the resolution of final approval is adopted, provided that in
the case of a major subdivision the rights conferred by this section
shall expire if the plat has not been duly recorded within the time
period provided in N.J.S.A 40:55D-54. 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 N.J.S.A. 40:55D-54,
the Planning Board may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this act, the granting of final approval terminates
the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49
for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions, and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
C.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection A or B of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
D.
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.
A.
Before recording of final subdivision plats or as
a condition of final site plan approval or as a condition to the issuance
of a zoning permit pursuant to N.J.S.A. 40:55D-65, the approving authority
may require and shall accept in accordance with the standards of this
chapter for the purpose of assuring the installation and maintenance
of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of installation,
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
improvements which the approving authority may deem necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and, in the case of site plans only, other
on-site improvements and landscaping. 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.
(2)
Provision for a maintenance guarantee to be posted
with the governing body for a period not to exceed two years after
final acceptance of the improvement, 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. In the event that other governmental agencies
or public utilities automatically will 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.
B.
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, 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 as of the time of the passage of the
resolution.
C.
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 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.
D.
Preparation of list of uncompleted or unsatisfactory
improvements.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, 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 Subsection A of this section, a list of all uncompleted or unsatisfactory 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 governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
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 Subsection A of this section.
E.
Approval or rejection of improvements; reduction of
performance guarantee.
(1)
The governing body, by resolution, shall either approve 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 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 Subsection A of this section. 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 governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all and acceptability of all improvements.
(2)
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3)
If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court, in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(4)
In the event that the obligor has made a cash deposit
with the Township or approving authority as part of the performance
guarantee, then any partial reduction granted in the performance guarantee
pursuant to this subsection shall be applied to the cash deposit in
the same proportion as the original cash deposit bears to the full
amount of the performance guarantee.
F.
If any portion of the required improvements is rejected,
the approving authority may 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.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the governing body or the Township Engineer.
H.
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 Township 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. For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
deposit the remaining 50% of the anticipated inspection fees. For
those developments for which the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited by a developer shall be
25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Township Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Township Engineer
shall not perform any inspection if sufficient funds to pay for those
inspections are not on deposit.
I.
In the event that final approval is by stages or sections
of development, the provisions of this section shall be applied by
stage or section.
J.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required, pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
No maintenance guarantee required pursuant to
N.J.S.A. 40:55D-53 need be in cash, nor need more than 10% of a performance
guarantee pursuant to that section be in cash. A developer may, however,
provide at his option some or all of a maintenance guarantee in cash,
or more than 10% of a performance guarantee in cash.
The approving authority shall, for the purposes
of N.J.S.A. 40:55D-53 accept a performance guarantee or maintenance
guarantee which is an irrevocable letter of credit if it:
A.
Constitutes an unconditional payment obligation of
the issuer running solely to the municipality for an express initial
period of time in the amount determined pursuant to N.J.S.A. 40:55D-53;
B.
Is issued by a banking or savings institution authorized
to do and doing business in this state;
C.
Is for a period of time at least one year; and
D.
Permits the Township to draw upon the letter of credit
if the obligor fails to furnish another letter of credit which complies
with the provisions of this section 30 days or more in advance of
the expiration date of the letter of credit or such longer period
in advance thereof as is stated in the letter of credit.
The cost of the installation of improvements
for the purposes of N.J.S.A. 40:55D-53 shall be estimated by the Township
Engineer based on documented construction costs for public improvements
prevailing in the general area of the Township. The developer may
appeal the Township Engineer's estimate to the governing body. The
governing body shall decide the appeal within 45 days of receipt of
the appeal in writing by the Township Clerk. After the developer posts
a guarantee with the Township based on the cost of the installation
of improvements as determined by the governing body, he may institute
legal action within one year of the posting in order to preserve the
right to a judicial determination as to the fairness and reasonableness
of the amount of the guarantee.
If the Planning Board includes as a condition
of approval of an application for development pursuant to N.J.S.A.
40:55D-1 et seq., the installation of streetlighting on a dedicated
public street connected to a public utility, then upon notification
in writing by the developer to the Planning Board and governing body
that the streetlighting on a dedicated public street has been installed
and accepted for service by the public utility and that certificates
of occupancy have been issued for at least 50% of the dwelling units
and 50% of the floor area of the nonresidential uses on the dedicated
public street or portion thereof indicated by section pursuant to
N.J.S.A. 40:55D-56.6, the Township shall, within 30 days following
receipt of the notification, make appropriate arrangements with the
public utility for, and assume the payment of, the costs of the streetlighting
on the dedicated public street on a continuing basis. Compliance by
the Township with the provisions of this section shall not be deemed
to constitute acceptance of the street by the Township.
A.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plats 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 of recording for an additional period not to exceed 190
days from the date of signing of the plat. The Planning Board may
extend the ninety-five-day or one-hundred-ninety-day period if the
developer proves to the reasonable satisfaction of the Planning Board
that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for an extension either
before or after the original expiration date.
B.
No subdivision plat shall be accepted for filing by
the county recording officer until it has been approved by the Planning
Board as indicated on the instrument by the signature of the Chairman
and Secretary of the Planning Board or a certificate has been issued
pursuant to N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67,
or 40:55D-76. The signatures of the Chairman and Secretary of the
Planning Board shall not be affixed until the developer has posted
the guarantees required pursuant to N.J.S.A. 40:55D-53. If the county
recording officer records any plat without such approval, such recording
shall be deemed null and void, and upon request of the Township, the
plat shall be expunged from the official records.
C.
It shall be the duty of the county recording officer
to notify the Planning Board in writing within seven days of the filing
of any plat, identifying such instrument by its title, date of filing,
and official number.
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 the
effective date of this chapter, may apply in writing to the administrative
officer of the municipality, 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 administrative officer shall make and issue such
certificate within 15 days after the 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 designated a "certificate
as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in the Township a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board,
and, if so, the date of such approval and any extensions and terms
thereof, showing that subdivision of which the lands are a part is
a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been
approved, is statutorily exempt from the requirement of approval as
provided in N.J.S.A. 40:55D-1 et seq.
D.
The administrative officer shall be entitled to demand
and receive for such certificate issued 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 such official shall be paid to the Township.
A.
Any person who shall acquire for a valuable consideration
an interest in the lands covered by the certificate as to approval
of a subdivision of land in reliance upon the information therein
contained shall hold such interest free of any right, remedy or action
which could be prosecuted or maintained by the Township pursuant to
the provisions of N.J.S.A. 40:55D-55.
B.
If the administrative officer designated to issue
any such certificate fails to issue the same within 15 days after
receipt of an application and fees therefor, any person acquiring
an interest in the lands described in such application shall hold
such interest free of any right, remedy or action which could be prosecuted
or maintained by the Township pursuant to N.J.S.A. 40:55D-55.
C.
Any such application addressed to the Clerk of the
Township shall be deemed to be addressed to the proper designated
officer and the Township shall be bound thereby to the same extent
as though the same was addressed to the designated official.
This article and all development regulations
pursuant hereto and to this chapter shall be construed and applied
with reference to the nature and use of condominium structures or
uses without regard to the form of ownership. No development regulation
shall establish any requirement concerning the use, location, placement
or construction of buildings or other improvements for condominium
structures or uses unless such requirement shall be equally applicable
to all buildings and improvements of the same kind not then or thereafter
under the condominium form of ownership. No approval pursuant to this
chapter shall be required as a condition precedent to the recording
of a condominium master deed or the sale of any unit therein unless
such approval shall also be required for the use or development of
lands described in the master deed in the same manner had such lands
not been under the condominium form of ownership.
A.
No lot shall contain less than the area required for
the zone in which it is located.
B.
Insofar as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
C.
Each lot must front either on a proposed or an existing
street.
D.
Where extra right-of-way width has been dedicated
for widening of existing streets, lots shall begin at such extra width
line, and all setbacks and lot area shall be measured from the new
line.
E.
Each lot created after the adoption of this subsection shall contain a minimum of one acre of contiguous developable land. See § 240-4 for a definition of the term "contiguous developable land." If the lot contains less than a minimum of one acre of contiguous developable land, the Township Planning Board may withhold approval of the lot. The purpose of this subsection is to create lots which are of a size sufficiently large enough to accommodate the principal building and any accessory buildings, structures, and accessory uses, such as garages, sheds, barns and swimming pools, dog enclosures and the like, together with all access drives and parking areas in accordance with all provisions of this chapter.
[Amended 3-6-2007 by Ord. No. 2007-3]
A.
In a major subdivision of 20 building sites or more,
easements along, rear property lines or elsewhere for utility installation
may be required. Easements shall be at least 15 feet wide and located
in consultation with the companies or municipal departments concerned.
B.
Where a major subdivision is traversed by a watercourse,
drainageway, channel or street, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially to the
lines of the watercourse and such further width or construction, or
both, as will be adequate for the purpose.
C.
Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any major
subdivisions containing such features. Shade trees of three inch trunk
diameter or more as measured four feet above the ground between the
edge of the graded shoulder and the edge of the right-of-way shall
not be removed without the prior approval of the Township Planning
Board.
D.
Where any development is proposed for construction of 50 or more units of single-family residential housing, or in the case of any commercial or industrial subdivision, an area must be identified and used for the storage and disposition of recyclables in accordance with the provisions of Chapter 344, Solid Waste, Article I, Recycling, of the Code of the Township of Stillwater establishing a recycling program and requiring the separation of recyclable material as the same may be amended from time to time.
A.
A soil erosion and sediment control plan shall be
prepared by a licensed New Jersey professional engineer in accordance
with specifications for soil erosion and sediment control of the Sussex
County Soil Conservation District. The soil erosion and sediment control
plan shall be submitted to the Sussex County Soil Conservation District
for certification pursuant to N.J.S.A. 4:24-39 et seq. The Planning
Board shall not give unconditional approval to the preliminary plat
until receipt of the Soil Conservation District certification. Any
fees or expenses involved in the review by the District shall be the
applicant's responsibility.
B.
The soil erosion and sediment control plan shall be
for the entire tract and shall contain the following:
(1)
Plans and specifications of soil erosion and sediment
control measures in accordance with the standards and specifications
for soil erosion and sediment control of the Sussex County Soil Conservation
District. These measures shall apply to all features of construction
on the site, including street and utility installations, as well as
protection of individual lots, and these measures shall be instituted
to prevent or control soil erosion and sedimentation during the various
stages of development.
(2)
A timing schedule indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each are a priority to the completion of effective erosion and
sediment control measures.
(3)
The following principles shall be included, where
applicable, in the soil erosion and sediment control plan:
(a)
Stripping of vegetation, regrading or other
development shall be done in such a way that shall minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall
be retained, protected and supplemented.
(c)
The disturbed area and the duration of exposure
be kept to a practical minimum.
(d)
Temporary seedings or mulching shall be used
to protect exposed critical areas during development.
(e)
Provision shall be made to accommodate the increased
runoff caused by changed soil and surface conditions during and after
development.
(f)
Sediment in the runoff water shall be trapped
until the disturbed area is stabilized by the use of sediment basins
or other acceptable methods.
(g)
Diversions, sediment basins and so forth shall
be constructed prior to any on-site grading or disturbance of existing
surface material.
(4)
Upon the receipt of the report from the Sussex County
Soil Conservation District, the Planning Board shall require incorporation
of soil erosion and sediment control measures as it deems appropriate
as a condition of tentative approval of the preliminary plat and approval
of the final plat.
A.
The following lands shall require special consideration
by the Planning Board. In some cases, development should be avoided
and in other cases, very low density development may be permitted.
Additional improvements and safeguards to protect significant environmental
features and elements shall be required.
(1)
Floodplain land. These are lands which lie adjacent
to streams and are periodically inundated as watercourses overflow
their banks. These areas should not be developed with buildings. The
ban of development in this area is to protect the lives and property
of those living in the floodplain and downstream from flooding, prevent
increased flooding downstream and prevent pollution of streams and
rivers. All applicable regulations of the New Jersey Department of
Environmental Protection governing flood hazard area control, N.J.A.C.
7:13-1 et seq., and water pollution control, N.J.A.C. 17:14-1 et seq.,
shall be applicable.
(2)
Areas of excessive slope. These are lands with slopes
in excess of 25%. Depending on the nature of the soil-bearing capacity,
erosion factor and degree of slope, development densities may vary
from no building to very low densities with appropriate safeguards.
In general, as slope increases, the density of development should
decrease. The reasons for the decrease are to prevent landslides and
erosion and sedimentation resulting from excessive stripping and cutting
of land. Erosion causes siltation of streams and reduces the capacity
of drainage structures exacerbating flooding in the Township.
(3)
Areas characterized by soil classified as having severe
limitations for development. This is land often characterized by high
water table, poor bearing capacity, high erosion factors, or shallow
depth to bedrock. Special treatment is necessary to prevent health
and safety hazards and environmental degradation.
(4)
Areas of significant horticultural or conservation
features. These include mountain ridges, valleys, scenic vistas and
significant horticultural features. These areas are valuable because
of their beneficial impact on the social environment and their importance
in ecological systems. Development should be designed to preserve
these areas.
(5)
Land suitable for specific purposes. Land suitable
for active or passive recreational purposes, such as baseball fields,
tennis courts, etc., or for other municipal purposes or because of
their location, e.g., adjoining similar lands on adjacent properties.
B.
Applicants using open space zoning to protect the
areas indicated above should submit designs which generally allow
for smaller lots on local streets on flat, well-drained land. Larger
lots should be platted in areas of increasing slope, poorer (but still
passable) percolation and lands closest to floodplains.
C.
Lots adjacent to collector roads shall have greater
depths to permit larger back yards and provision for shrubs and trees
to serve as buffers. Direct residential access to collector or arterial
roads shall be discouraged.
A.
The Planning Board shall have full authority to approve
or disapprove the location and proposed uses of lands required to
be dedicated in accordance with the foregoing.
B.
Dedicated areas proposed to be deeded to the Township
shall be deeded free and clear of all mortgages and encumbrances.
C.
If deeded to a property owner's association, or similar
entity, it shall be deeded free and clear of all mortgages and encumbrances,
for their use, control and management open spaces, recreation or agricultural
use and include appropriate restrictions to assure the implementation
of the purposes of this chapter and to provide for the maintenance
and control of the area. All provisions of N.J.S.A. 40:55D-43 relating
to the establishment of open space organizations shall be complied
with.
Proposals in accordance with this article shall
only be approved by the Planning Board if, in the opinion of the Planning
Board, it will convey some overall benefit to Stillwater Township
or to the general health, safety and welfare of the neighborhood.
Nothing herein shall be construed as requiring a developer to elect
this means of developing a tract.