[Amended 8-25-1981 by Ord. No. 1981-12]
A.
An applicant desiring to proceed with a minor subdivision shall file
with the administrative officer for completeness review and review
by the Board's professionals the following documents:
[Amended 8-26-1991 by Ord. No. 1991-10; 12-10-2001 by Ord. No.
2001-12; 5-31-2022 by Ord. No. 2022-8]
[Amended 5-31-2022 by Ord. No. 2022-8]
The applicant shall submit to the Planning Administrator, at the time of submission of an application for a minor subdivision, payment of the fee provided in Article VI, § 460- 58.
A.
A minor subdivision plat shall be clearly and legibly drawn at an
accurate scale of not less than one inch equals 100 feet and shall
be based on an actual survey certified by a land surveyor licensed
in the State of New Jersey. The plat shall conform to the size and
other requirements of N.J.S.A. 46:23-9.8 et seq. (Map Filing Law),
as amended and supplemented. The plat shall show the following information:
(1)
All lots being subdivided, together with the boundary and acreage
of the entire original tract, and the number of new lots being created.
The area of each lot shall be shown correct to within one square foot.
(2)
All existing and proposed property lines within and immediately adjoining
the tract and all lot lines to be eliminated. All lot lines shall
be shown correct to 0.01 of a foot in length and one second inch in
angular measurement. Minimum front, side and rear building setback
lines on each proposed lot and the remaining lot shall be shown.
(3)
All existing buildings and structures and their use(s), wooded areas,
rock outcrops and isolated trees with a diameter of six inches or
more measured 4 1/2 feet above ground level, and all streams,
lakes, drainage rights-of-way and streets within the limits of the
tract(s) being subdivided, including the location, width and direction
of flow of all streams, brooks, drainage structures and drainage rights-of-way.
Any existing features to be removed or relocated shall be indicated.
Flood hazard area lines and wetlands and swamps within the tract shall
be shown. A general drainage system shall be shown.
(4)
The shortest distance from any existing building(s) to any proposed
and existing lot line.
(5)
The existing and proposed rights-of-way of all easements and all
streets within and adjoining the premises, with dimensions, together
with existing driveways, street names and the purpose for any easement.
Sight triangles shall be shown.
(6)
The name of the owner and all adjoining property owners as disclosed
by most recent Township tax records.
(7)
The Tax Map sheet, block and lot number for the tract and all adjacent
lots; written and graphic scales, North arrow, space for the subdivision
application number, the name of the Township, the name of the subdivision,
and the date of preparation and most recent revision.
(8)
Zoning district(s), and, if the property lies in more than one zoning
district, the plat shall indicate all the zoning district lines.
(9)
The name, address, phone number and signature of the owner, subdivider
and person preparing the plat.
(10)
When on-lot water and/or on-lot sewage disposal is proposed, the plat shall be accompanied by the results of a percolation test(s). The percolation test(s) shall be made in accordance with the requirements of the Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 et seq., and in accordance with the regulations of the Township Board of Health. The test(s) shall be performed at the applicant's expense and upon 48 hours' notice to the Township Engineer and Board of Health. Each lot proposed shall show the location of the proposed individual water supply and sewage disposal system. Upon submission of all percolation data to the Land Use Planning Board, the Board may authorize the Township Engineer to conduct comprehensive tests to verify the percolation tests performed by the applicant's engineer. The applicant shall pay the actual costs of such verification tests by the Township Engineer, as set forth in Article VI, § 460-58.
[Amended 12-10-2001 by Ord. No. 2001-12[1]]
(11)
Location and description of all monuments.
(12)
Such other information or data as may be required by the Land
Use Planning Board in order to determine that the details of the subdivision
are in accord with the standards of applicable ordinances.
[Amended 12-10-2001 by Ord. No. 2001-12]
B.
The Land Use Planning Board may waive any of the details required
by this section if it determines that the subdivision conforms to
the standards of good planning, will have no deleterious effect on
neighboring properties and provides adequate data to assure protection
of the health, safety and welfare of the residents of the Township.
[Amended 12-10-2001 by Ord. No. 2001-12]
C.
The plat shall be certified as to the accuracy of the engineering
details by an engineer licensed in New Jersey, bearing his signature,
seal, license and address.
A.
A key map with North arrow showing the entire subdivision and its
relation to surrounding areas, at a scale of not less than 2,000 feet
to the inch, shall be presented on sheet(s) not greater than 30 inches
by 42 inches nor less than 8 1/2 inches by 13 inches. The key
map shall show not less than the following information:
B.
The key map shall be certified as to the accuracy of the details
by an engineer or surveyor licensed in New Jersey, bearing his signature,
seal, license and address.
C.
The key map may be set forth on the plat.
[Amended 5-25-1982 by Ord. No. 1982-6; 7-30-1985 by Ord. No.
1985-08; 12-10-2001 by Ord. No. 2001-12; 2-28-2011 by Ord. No.
2011-5; 5-31-2022 by Ord. No. 2022-8]
Upon receipt of an application for a minor subdivision, together with the required supporting documents, and payment of the prescribed fee, the Planning Administrator shall review the submission for completeness and shall render a decision regarding the application's completeness within 45 days of the date of the submission of the application, by issuing a written letter to the applicant indicating the application is either complete or incomplete. Letters indicating the application is complete may provide the day and time when the application will be scheduled for a public hearing before the Land Use Planning Board, or may indicate a follow-up letter will be sent providing the date and time when the application will be scheduled for a public hearing before the Land Use Planning Board. Letters indicating the application is incomplete shall specify deficiencies from the checklist applicable to the type of application submitted. The Planning Administrator shall determine whether checklist items identified by the applicant as "not applicable" are inapplicable to the application, basing his/her decision on the merits of the written explanation submitted by the applicant and the nature and circumstances of the application. The reason(s) for the Planning Administrator denying an applicant's request for a checklist item to be "not applicable" shall be set forth in writing in the incomplete letter issued to the applicant. All appeals of the Planning Administrator's decision regarding the applicability of the checklist items shall be made to the Land Use Planning Board. Once an application is deemed complete, the Secretary shall submit one copy of the application and supporting documentation each to the Land Use Planning Board Engineer, Planner and Attorney for their review and preparation of their reports commenting on the application and the application's conformity with the zoning and design standards of the Code of Eastampton Township. Once an application has been scheduled for a Land Use Planning Board hearing, the Secretary shall distribute one copy each of the application and its supporting documents and of the reports prepared by the Land Use Planning Board Engineer, Planner and Attorney. The Engineer shall also advise as to the likelihood of off-tract improvements being required and, if such shall be the case, shall advise the Township Council, which shall then act pursuant to Article VI, § 460-50.
No later than seven days after submission of the application
for a minor subdivision to the Clerk, the applicant, where required
pursuant to N.J.S.A. 40:27-6.3, shall submit a copy of the application
and all supporting documentation to the Burlington County Planning
Board for review and approval. The applicant shall then promptly certify
to the Secretary that such submission has been properly made.
[Amended 3-25-1980 by Ord. No. 1980-3; 10-29-1979 by Ord. No.
1979-9; 5-25-1982 by Ord. No. 1982-6; 11-26-1996 by Ord. No.
1996-09; 12-10-2001 by Ord. No. 2001-12]
A.
At the meeting of the Land Use Planning Board at which the application is to be considered, the Land Use Planning Board shall first determine that the application conforms to the definition of a "minor subdivision," as set forth in Article I, § 460-4.
(1)
If it is determined that the application does not so conform, the
Land Use Planning Board shall deny the application. However, such
denial shall not be deemed to preclude a subsequent application for
a major subdivision involving the same tract.
(2)
If it is determined that the application does conform to the definition
of a "minor subdivision" and is complete, the Land Use Planning Board
shall waive notice and public hearing for the application.
B.
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the Secretary
of the Land Use Planning Board, or within such further time as may
be consented to in writing by the applicant. Failure of the Land Use
Planning Board to act within the period prescribed shall constitute
minor subdivision approval, and a certificate of the Secretary of
the Land Use Planning Board as to the failure of the Land Use Planning
Board to act shall be issued on request of the applicant. Such certificate
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required and may be so accepted by the Burlington
County Clerk for purposes of filing subdivision plats.
C.
Whenever review or approval of the application by the Burlington
County Planning Board is required by N.J.S.A. 40:27-6.3, the Land
Use Planning Board shall condition any approval that it grants upon
the timely receipt of a favorable report on the application by the
County Planning Board or upon approval by the County Planning Board
by its failure to report thereon within the required time period.
D.
Whenever the Land Use Planning Board shall grant approval subject
to conditions, a notation shall be made on the plat or deed indicating
that "the approval of this subdivision is subject to conditions as
set forth in the minutes of the Land Use Planning Board."
E.
Duration of approval.
(1)
Approval of a minor subdivision shall expire 190 days from the date
of Township approval, unless, within such period, a plat in conformity
with such approval and the provisions of the Map Filing Law (N.J.S.A.
46:23-9.9 et seq.) or a deed clearly describing the approved minor
subdivision is filed by the applicant with the County Clerk, the Township
Engineer, the Township Construction Official and the Township Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairman and the Secretary of the Land Use Planning
Board.
(2)
The Land Use Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed pursuant to this
section if the applicant proves to the reasonable satisfaction of
the Land Use Planning Board that the applicant was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental entities or quasi-governmental
entities, and that the applicant applied promptly for and diligently
pursued the 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 Land Use Planning Board. The applicant may apply
for the extension either before or after what would otherwise be the
expiration date.
(3)
The Land Use 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 applicant
proves to the reasonable satisfaction of the Board that the applicant
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 applicant applied promptly
for and diligently pursued the approvals. An applicant shall apply
for the extension before what would otherwise be the expiration date
of minor subdivision approval, or the 91st day after the applicant
receives the last legally required approval from other governmental
entities, whichever occurs later.
F.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted shall not be changed for a period of two years after the date
of minor subdivision approval, provided that the approved minor subdivision
shall have been duly recorded, as provided in this section.
H.
No building permit shall be issued for excavation or construction
in any area approved for subdivision until such plat or deed has been
filed.
I.
The applicant shall file a copy of the approved final subdivision
plan in the office of the Tax Assessor and in the office of the Construction
Official.
[Amended 12-10-2001 by Ord. No. 2001-12]
Before granting approval of an application for a minor subdivision, the Land Use Planning Board shall require the applicant to deposit with the Township the inspection fees provided in Article VI, § 460-58, to compensate the Township Engineer for performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the Township Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Land Use Planning Board and Township Construction Official and the applicant. Additionally, the Township Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter, the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the subdivision in question before its completion, he may make written application to the Land Use Planning Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the subdivision covered by that application.
