[Amended 8-14-1986 by Ord. No. 38-86]
If an informal discussion has not been held
on a proposal as outlined above, a sketch plat submission is recommended
for a major site plan or major subdivision. Whether or not an informal
discussion was held on a minor site plan or minor subdivision, a sketch
plat is required in order to record in the public record the plan's
classification and to take final action on the application. For a
minor subdivision or minor site plan, it is recommended that a plat
meeting both sketch plat and minor subdivision or minor site plan
requirements be submitted. Proposed lot and block designations for
the plats will be obtained from the Assessor for both major and minor
subdivisions prior to filing with the Administrative Officer for either
the Planning Board or the Zoning Board of Adjustment.
A. Filing procedure. The developer shall file with the
Administrative Officer at least seven days prior to the regular meeting
of the approving authority the fee, together with a minimum of 10
copies of said sketch plat, minor subdivision plat or minor site plan
plat prepared in accordance with the provisions of this article and
together with three completed application forms for classification
of a sketch plat or classification and approval of a minor subdivision
plat or classification and approval of a minor site plan. If a minor
subdivision plat is involved that is to be filed, one translucent
tracing cloth master copy of the plat must be provided. In addition,
for minor developments where the developer does not plan to file the
approved plat, five copies of the lot deed(s), deed(s) for lands dedicated
to the Township for road-widening purposes and any required conservation,
drainage and utility rights-of-way and sight triangle easements to
the Township shall be provided. The Administrative Officer shall issue
an application number. Once an application has been assigned a number,
such number shall appear on all papers, maps, plats, etc., submitted
for processing in conjunction with the subdivision of the lot. Within
three days of filing, the Administrative Officer shall forward one
copy of the plat to each of the following:
(4)
Environmental Commission.
(5)
Such other Township, county or state officials
as directed by the Board.
B. Action by the approving authority.
(1)
The approving authority shall review the submission
and take action on accepting, rejecting, classifying or approving
it. If incomplete, the material shall be returned to the developer
for his resubmission at least seven days prior to a subsequent regular
meeting. Within 45 days of the date of submission to the Administrative
Officer or such further time as may be consented to by the applicant,
the approving authority shall accept, reject or classify the application
as a minor development or minor site plan or as a major development
or site plan, and if submitted and classified as a combined sketch
plat and minor subdivision plat or minor site plan, the approving
agency shall waive any required notice and public hearing and shall
approve, approve with conditions or deny the minor subdivision or
minor site plan application. The decision shall be in writing and
shall be sent to the applicant and newspaper as required by this article.
The approving authority shall not grant approval of a minor subdivision
or site plan until five copies of approved deeds dedicating lands
for street rights-of-way and applicable conservation, drainage and
utility right-of-way easements are available to the approving authority
if approved plats are not to be filed.
(2)
Whenever review or approval of the application by the County Planning Board is required but not yet received, the municipal approving authority, in taking action to approve the plat, shall either grant conditional approval in accordance with §
220-28, Conditional approval, or grant approval if the time period in which the county must take action has expired.
(3)
Before any plat is approved as a minor subdivision
or minor site plan, the developer shall provide the approving authority
with sufficient copies of the plat to be approved so as to forward,
and the approving agency shall, after approval, forward, one copy
to each of the following, retaining one copy for his file:
(4)
Expiration of approvals and extension of time.
[Amended 9-10-1992 by Ord. No. 21-92]
(a)
Minor subdivision. Except as provided in Subsection
B(4)(a)[3] below, 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, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law, P.L. 960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), as amended, 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 approving authority (or the Vice Chairman or Acting Secretary in their absence, respectively).
[1]
In accordance with N.J.S.A. 40:55D-54 as amended,
the county recording officer shall notify the approving authority
of the filing of the plat within seven days of the filing.
[2]
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 approval is adopted, provided
that the approved minor subdivision shall have been duly recorded.
[3]
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed provided in Subsection
B(4)(a) above 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.
[4]
The Planning Board shall grant an extension of the two-year period of protection for a minor subdivision approval established by Subsection
B(4)(a)[2] above 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.
[Amended 7-22-2004 by Ord. No. 2004-12]
[5]
All minor subdivision approvals shall expire at the end of the two-year period of protection established by Subsection
B(4)(a)[2] above, plus any extension granted pursuant to Subsection
B(4)(a)[4] above.
[Added 7-22-2004 by Ord. No. 2004-12]
(b)
Minor site plan. 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 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 that last of the legally required
approvals from the other governmental entities, whichever occurs later.
All minor site plan approvals shall expire at the end of the two-year
period of protection established by this subsection, plus any extension
granted pursuant to this subsection.
[Amended 7-22-2004 by Ord. No. 2004-12]
(5)
When the approving authority determines that
any proposed development may create, either directly or indirectly,
an adverse effect on either the remainder of the property being developed
or nearby property, the approving authority may require the developer
to revise the plat. Where the remaining portion of the original tract
is of sufficient size to be developed or subdivided further, the developer
may be required to submit a sketch plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the design of the
proposed development, together with subsequent subdivisions or development,
will not create, impose, aggravate or lead to any such adverse effect(s).
(6)
If classified as a major development or site
plan or approved as a minor development or minor site plan, a notation
to that effect, including the date of the approving authority's action,
shall be made on all copies of the plat and shall be signed by the
Chairman and Secretary of the approving authority (or the Vice Chairman
or Acting Secretary in their absence, respectively), except that the
minor plat shall not be signed until all conditions are incorporated
on the plat. All conditions on minor developments shall be complied
with within 95 days of the meeting at which conditional approval was
granted, otherwise the conditional approval shall lapse. If classified
as a major development, sketch plat modifications are not required.
Any conditions shall be incorporated on the preliminary plat.
C. Delineation of floodplain and wetlands. Every application
for a sketch plat of a major subdivision or site plan shall contain
a delineated floodplain and wetlands as determined by a recognized
soil scientist or environmental expert in conformance with the State
of New Jersey adopted wetlands and floodplain regulations as administered
by the New Jersey Department of Environmental Protection.
[Added 12-8-1988 by Ord. No. 59-88]
[Amended 9-10-1992 by Ord. No. 21-92; 10-22-1992 by Ord. No.
38-92]
Preliminary plats are required for all major
site plans and major subdivisions.
A. Filing procedure.
(1)
The developer shall submit to the Administrative Officer at least seven days prior to the regular meeting of the approving authority one translucent tracing cloth print of a preliminary plat of the proposed development, prepared in accordance with the provisions of this article, together with 12 copies of said preliminary plat, three completed copies of the application forms for preliminary approval and three copies of any protective and/or restrictive covenants or deed restrictions applying to the land being developed. The application shall also be accompanied by three copies of the drainage calculations as prescribed in Article
VIII, as well as the required fee.
(2)
The application shall be accompanied by a letter in triplicate, of a form prescribed by the Township Attorney, saving the Township and its officers and Engineer harmless from any loss due to damage resulting from the grading, drainage or development of the property and from any liability during construction; by a properly executed Marlboro Township Erosion Control Agreement and proof of certification of plans pursuant to Soil Erosion and Sediment Control Act, Chapter 251 of the Public Law of 1975, by the Freehold Soil Conservation District; and by a complete environmental impact report in accordance with provisions in §
220-182, or a written request for a waiver of any or all of its requirements. If such a waiver is requested, the approving authority shall either approved, approve in part or disapprove the request not later than the second regular meeting of the approving authority at which the application is heard, and, if approved in part or disapproved, the applicant shall provide required data and documentation within 15 days or 15 days prior to the date by which the approving authority is required to act, whichever comes first, or at some further date the approving agency may set if the applicant consents to an extension of time in which the approving authority is required to act.
B. Action by the approving authority.
(1)
If an application for development is found to
be incomplete, the developer shall be notified in writing of the deficiencies
therein by the Board or the Board's designee for the determination
of completeness within 45 days of the submission of such application
or it shall be deemed properly submitted. 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 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 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
of the site plan.
(2)
The Administrative Officer shall issue an application
number and thereafter it shall appear on all papers, maps, etc., submitted
for processing in conjunction with the application. Within three days
of filing, the Administrative Officer shall submit two copies of the
plat and supporting data to the County Planning Board and one copy
each to the following:
(d)
Environmental Commission.
(f)
Any other agency or person as directed by the
approving authority for its review or action.
(3)
If the proposed development consists of 60 lots
or more, the application shall not be approved until the applicant
has provided to the approving authority copies of certification by
the State Environmental Protection Agency that the proposed water
supply and sewerage facilities comply with applicable state standards.
(4)
For those applications requiring approval within
45 days of submission, the approving authority shall not grant preliminary
approval until a report in writing has been received from the County
Planning Board or the thirty-day period in which said Board is required
to act has expired. For those applications requiring approval within
95 days of submission, the approving authority shall not grant preliminary
approval until either the approving authority receives a report in
writing from those to whom copies of the plat have been forwarded
or the following time period expires. Each shall have 30 days from
referral of the plat to report to the approving authority. If the
report recommends changes in the developer's proposal, such report
shall state the reasons therefor. If any agency or person fails to
report to the approving authority within the thirty-day period, said
plat shall be deemed to have been favorably recommended by said agency
or person. Upon mutual agreement between the County Planning Board
and the approving authority, with approval of the applicant, the thirty-day
period for a County Planning Board report may be extended for an additional
30 days and any extension shall so extend the time within which the
approving authority is required to act. The Township Engineer's report
shall state, among other things, that he has examined the drainage
plans and found that the interests of the Township and neighboring
properties are protected in accordance with the provisions of these
regulations.
(5)
If the submission is accepted as a subdivision,
the approving authority shall, after holding a public hearing, grant
or deny preliminary approval of a subdivision of 10 or fewer lots
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 approving authority shall, after holding a public hearing, 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 approving authority shall be deemed to have granted
preliminary approval of the subdivision.
(6)
If the submission is accepted as a site plan,
the approving authority shall grant or deny preliminary site plan
approval within the following time periods unless some further time
has been consented to by the developer:
(a)
A site plan for 10 acres of land or less: within
45 days of the date of submission.
(b)
A site plan of more than 10 acres: within 95
days of the date of submission.
(7)
Action shall be taken on a preliminary site
plan without a public hearing unless, in the opinion of the approving
authority, the proposed use, proposed intensity of development, location
of the tract, traffic conditions, environmental concerns or any other
aspect covered by review are of sufficient concern that the approving
authority desires to receive the public's comments. Where a public
hearing is scheduled for a site plan, no action shall be taken until
completion of the public hearing, and the scheduling and notifications
for the hearing shall be in accordance with this article.
(8)
If the approving authority required any substantial
amendment in the layout of improvements in either a site plan or subdivision
as proposed by the developer and that plan had 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 approving authority shall, if the proposed development
complies with these subdivision and site plan regulations, grant preliminary
approval.
(9)
The approving authority may approve, disapprove or approve with conditions the application. Such action shall not take place until after any required public hearing has been conducted and due consideration has been given to all reports received from other officials and bodies to which the application was referred. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by §
220-11, Public hearings and notices, in this chapter. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman and Acting Secretary, in their absence, respectively) and the Township Engineer shall sign the first page of the plat, indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are complied with. If all conditions are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse.
(10)
Before approval of the plat, the developer shall
provide the approving authority with sufficient copies of the plat
to be approved, and the approving authority shall, after approval,
forward one copy to each of the following:
(d)
Township Board of Health.
(f)
The developer, for compliance with final approval
requirements.
(g)
Such other Township, county or state officials
as directed by the approving authority.
(11)
Preliminary approval shall, except as provided in Subsection
B(12) below, confer upon the applicant the following rights:
[Amended 7-22-2004 by Ord. No. 2004-12]
(a)
That the general terms and conditions on which
preliminary approval was granted shall not be changed for a period
of three years from the date on which the resolution of preliminary
approval is adopted, 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 any requirements
peculiar to the 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 heath and safety.
(b)
That the applicant may apply for and the Planning Board may grant extensions of the three-year period of protection established by Subsection
B(11)(a) above 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. The applicant may apply for such an extension either before or after what would otherwise be the expiration date of the period of protection. If the period of protection expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date of the period of protection.
(c)
That the applicant may apply for and the Planning Board shall grant an extension of the three-year period of protection established by Subsection
B(11)(a) above 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 such an extension before what would otherwise be the expiration date of the period of protection established by Subsection
B(11)(a) above or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
(d)
That the applicant may submit for final approval, on or before the expiration date of the preliminary approval [as established by Subsection
B(13) below], the whole or a section or sections of the preliminary plat.
(12)
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
B(11)(a) and
(d) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of the period of protection granted to the applicant for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration those same factors. The applicant may apply for said extension either before or after what would otherwise be the expiration date of the period of protection. If the period of protection expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date of the period of protection. Additionally, the applicant may apply for and the Planning Board shall grant an extension of the period of protection granted to the applicant in accordance with Subsection
B(11)(c) above.
[Amended 7-22-2004 by Ord. No. 2004-12]
(13)
All preliminary approvals shall expire at the end of the protection period set forth in Subsection
B(11)(a) above or otherwise granted to the applicant pursuant to Subsection
B(12) above, plus any extension thereof granted pursuant to Subsection
B(11)(b) or
(c) or
(12).
[Amended 7-22-2004 by Ord. No. 2004-12]
(14)
When the approving authority determines that
any proposed development may create, either directly or indirectly,
an adverse effect on either the remainder of the property being developed
or nearby property, the approving authority may require the developer
to revise the plat. Where the remaining portion of the original tract
is of sufficient size to be developed or subdivided further, the developer
may be required to submit a sketch plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the design of the
proposed development, together with subsequent subdivision or development,
will not create, impose, aggravate or lead to any such adverse effect(s).