Township of Eastampton, NJ Major Subdivision Procedures

All other documents required for major subdivision applications set forth in the checklist provided in this chapter.[1]

Editor's Note: Said checklist is on file in the Township offices.

The applicant shall have the right, before submitting a formal application hereunder, to request and obtain an informal conference before the Land Use Planning Board as provided in Article VI, § 460-57.

[Amended 12-10-2001 by Ord. No. 2001-12]

§ 460-14 Application fee.

[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 major subdivision, payment of the fee provided in Article VI, § 460-58.

§ 460-15 Contents of preliminary plat.

The 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 be presented on sheets not greater than 30 inches by 42 inches nor less than 8 1/2 inches by 13 inches. The plat shall show the following information:

[Amended 8-27-1996 by Ord. No. 1996-05; 12-10-2001 by Ord. No. 2001-12; 2-28-2011 by Ord. No. 2011-5]

A title containing the name of the subdivision; the name of the Township; Tax Map sheet, block and lot number; date of preparation and most recent revision; meridian; North arrow; written and graphic scales; the names, addresses, phone numbers and signatures of the owner, subdivider and person(s) who prepared the plat(s), including the seal of the latter; the names of all property owners within 200 feet of the extreme limits of the subdivision; and a space for the subdivision application number.

The acreage of the original tract being subdivided, measured to the nearest tenth of an acre, and the number of new lots created, each lot measured with dimensions noted and each lot labeled to the nearest square foot.

(3)

A map showing existing elevations and contour lines over the entire area of the proposed subdivision, together with watercourses and an indication of the final disposal of the surface waters. All elevations shall be related to a bench mark noted on the plan.

(4)

The locations and dimensions of existing and proposed rights-of-way, bridges and natural features, such as soil types, wooded areas, lakes and rock outcroppings, and views within the subdivision and the location of individual trees outside the wooded areas having a diameter of six inches or more, as measured 4 1/2 feet above ground level. The proposed location of shade trees to be provided by the subdivider shall also be shown. Soil types shown shall be based on United States Natural Resources Conservation Service categories.[1]

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

(5)

All existing and proposed watercourses, including lakes, ponds and marsh areas, shall be shown and accompanied by the following information or data:

(a)

When a running stream is proposed for alteration, improvement or relocation or when a structure or file is proposed over, under, in or along such a running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the appropriate authority shall accompany the application.

(b)

Cross sections and profiles of watercourses, at an appropriate scale, showing the extent of floodway area, top of bank, normal water level and bottom elevations at the following locations:

All watercourses within or adjacent to the subdivision and at any point where a watercourse crosses a boundary of the subdivision.

[2]

At fifty-foot intervals for a distance of 300 feet upstream and downstream of any proposed culvert or bridge within the subdivision.

[3]

At fifty-foot intervals up to 300 feet upstream and downstream of any proposed culvert or bridge and any point of juncture of two or more watercourses within and/or within 1,000 feet of the subdivision.

[4]

At a maximum of three-hundred-foot intervals, but no less than two locations, along each watercourse which runs through or adjacent to the subdivision.

[5]

When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation during construction, as well as typical ditch sections and profiles, shall be shown on the plan or accompany it.

(c)

The total acreage in the drainage basin of any watercourse running through or adjacent to a subdivision in the area upstream of the subdivision.

(d)

The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the subdivision which drains to the structure.

(e)

The location and extent of all existing or proposed drainage and conservation easements and flood hazard area lines.

(f)

The location, extent and water level elevation of all existing or proposed lakes or ponds within or adjacent to the subdivision.

(g)

Plans and computations for any storm drainage systems, including the following:

All existing or proposed storm sewer lines within or adjacent to the subdivision, showing size, profile and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.

[2]

The location and extent of any proposed dry wells, groundwater recharge basins, retention basins, detention basins, flood-control devices, sedimentation basins and other water conservation devices.

(6)

The names, locations and dimensions (cartway and right-of-way widths) of all existing streets within a distance of 200 feet of the boundaries of the subdivision to any adjoining street(s), sidewalk(s) or bike route(s) and what off-site extensions, if any, will be made to nearby arterial and collector streets as those streets are shown on the adopted Master Plan; plans, profiles, tentative grades and details of all proposed streets and of the existing streets abutting the subdivision based on the vertical datum specified by the Township Engineer, together with full information as to the disposal of surface drainage, and including plans of curbing, sidewalks, storm drains and drainage structures. At intersections, the sight triangles, radii of curblines and street sign locations shall be clearly indicated.

(7)

The names, locations, right-of-way widths and purpose(s) of existing and proposed easements and other rights-of-way in the subdivision and the location and description of all monuments.

(8)

All proposed lot lines, including existing lot lines to remain and those to be eliminated, and all setback lines required by Chapter 540, Zoning, with the dimensions thereof. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered, and the lots within each block shall be numbered consecutively in a clockwise manner, beginning with the number one, after consultation with the Township Engineer.

(9)

Locations of all existing structures and their use(s) in the tract and within 200 feet thereof, showing existing and proposed front, rear and side yard setback distances, structures of potential historic significance and an indication of all existing structures and uses to be retained and those to be removed.

(10)

Tentative plans of proposed improvements and utility layouts (sanitary sewers, storm sewers, erosion control, stormwater control, excavation, water mains, gas, telephone, electricity, etc.), showing location, size, slope, pumping stations and other details, as well as feasible connections to any existing or proposed utility systems. If private utilities are proposed, they shall fully comply with all Township, county and state regulations. If services will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures.

(11)

Zoning district(s), and, if the property lies in more than one zoning district, the plat shall indicate the zoning district lines.

(12)

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) made in accordance with the requirements set forth in Article II, § 460-7A(10). 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.

(13)

Revegetation plans, which shall specify:

(a)

Predevelopment vegetation complexes and extent of cover.

(b)

Post-development cover.

(c)

Restoration plans and schedules in order to generate an extent of cover equal to predevelopment.

(d)

Planting plans for shaded areas adjacent to active or passive recreation.

(e)

The minimum size of street trees shall be 2 1/2 inches caliper and shall be balled and burlapped.

(f)

Street tree plantings as follows:

On blocks of 500 feet in length or less, at least two species from one of the categories below, in random placement of equal proportions.

[2]

On blocks greater than 500 feet in length, at least three species from one of the categories below, in random placement of equal proportions.

[3]

Street tree categories:

	Broad Oval
	Acer rubrum October glory, October glory red maple
	Acer saccharum, sugar maple
	Acer saccharum green mountain, green mountain sugar maple
	Gleditsia triacanthos (inermis) shademaster, shademaster thornless honey locust
	Gymnocladus dioicus, Kentucky coffeetree
	Platanus acerifolia, London planetree
	Quercus acutissima, sawtooth oak
	Quercus phellos, willow oak
	Tilia tomentosa, silver linden
	Columnar
	Acer rubrum columnar armstrong, armstrong columnar red maple
	Acer saccharum columnar goldspire, goldspire columnar sugar maple
	Ginkgo biloba princeton sentry, princeton sentry ginkgo
	Ostrya virginiana, American hophornbeam
	Ginkgo biloba (male only), ginkgo
	Conical
	Metasequoia glyptostroboides, dawn redwood
	Tilia cordata, littleleaf linden
	Cercidiphyllum japonicum, katsura tree
	Pyrus calleryana redspire, redspire pear
	Tilia cordata greenspire, greenspire linden
	Globe- and Vase-Shaped
	Aesculus hippocastanum baumanni, double-flowering horsechestnut
	Cladrastis lutea, yellowwood
	Sorbus alnifolia, Korean mountain ash
	Ulmus americana Delaware, Delaware American elm
	Ulmus hollandica groenveldt, groenveldt elm
	Zelkova serrata green vase, green vase zelkova
	Zelkova serrata village green, village green zelkova
	Spreading
	Quercus coccinea, scarlet oak
	Sophora japonica regent, regent Chinese scholar tree
	Nyssa sylvatica, black gum
	Prunus yedoensis, yoshino cherry
	Fraxinus americana autumn purple, autumn purple ash
	Fraxinus pennsylvanica marshall's seedless, marshall's seedless ash
	Gleditsia triacanthos (inermis) skyline, skyline thornless honey locust

	Underwire Trees
	Malus baccata, siberian crab
	Prunus sargentii, sargent cherry
	Acer buergerianum, trident maple
	Acer ginnala, amur maple
	Cercis canadensis, eastern redbud
	Halesia carolina, carolina silverbell
	Ostrya virginiana, American hornbeam
	Maackia amurensis starburst, starburst amur maackia
	Phellodendron amurense, amur corktree
	Prunus sargentii princeton snowcloud, princeton snowcloud sargent cherry
	Prunus serrulata Kwanzan, Kwanzan flowering cherry
	Syringa reticulate ivory silk, ivory silk tree lilac

(14)

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.

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]

The preliminary 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.

§ 460-16 Contents of key map.

The key map shall comply with the requirements of a minor subdivision key map, as set forth in Article II, § 460-8, of this chapter, as the same shall apply to a major subdivision.

§ 460-17 Submission of application.

[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 major 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, issuing a written letter to the applicant indicating either the application is 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 proposal of the application and the application's conformity with the zoning and design standards of all applicable ordinances 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.

§ 460-18 Review by County Planning Board.

The applicant, where required pursuant to N.J.S.A. 40:27-6.3, shall comply with the provisions of Article II, § 460-10, of this chapter, as same shall apply to a major subdivision.

§ 460-19 Public notice.

The applicant shall give notice of the application at least 10 days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with Chapter 47, Land Use Planning Board, of the Code of the Township of Eastampton.

§ 460-20 Initial Land Use Planning Board action.

[Amended 3-25-1980 by Ord. No. 1980-3; 5-25-1982 by Ord. No. 1982-6; 12-10-2001 by Ord. No. 2001-12]

If it is determined that the application is complete:

If the application is for a subdivision of 10 or fewer lots, the Land Use Planning Board shall grant or deny preliminary approval within 45 days of the date of submission of the complete application, or within such further time as may be consented to in writing by the applicant.

If the application is for a subdivision of more than 10 lots, the Land Use Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of the complete application, 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 major subdivision preliminary approval.

The applicant shall not proceed with installation of the required improvements until a performance guaranty is posted therefor, and no permits shall be issued unless the required improvements have been completed and accepted or a performance guaranty posted therefor.

§ 460-21 Effect of preliminary approval.

Preliminary approval of a major subdivision, except as provided in Subsection B, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

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, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relates to public health and safety.

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.

(3)

That the applicant may apply for and the Land Use 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.

[Amended 12-10-2001 by Ord. No. 2001-12]

In the case of an application involving an area of 50 acres or more, the Land Use Planning Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time longer than three years as shall be determined by the Land Use 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 Land Use Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Land Use Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.

[Amended 12-10-2001 by Ord. No. 2001-12]

Whenever the Land Use Planning Board grants an extension of preliminary approval pursuant to 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.

[Added 11-26-1996 by Ord. No. 1996-09]

Whenever the Land Use 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 applicant may apply for the extension either before or after what would otherwise be the expiration date.

The Land Use 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 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 these approvals. An applicant shall apply for this extension before what would otherwise be the expiration date of final approval, or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Land Use Planning Board from granting an extension pursuant to this section.

§ 460-22 Final approval of major subdivisions.

The Land Use 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 § 460-23 of this article, the conditions of preliminary approval and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.

[Amended 12-10-2001 by Ord. No. 2001-12]

Time limits; conditions.

[Amended 12-10-2001 by Ord. No. 2001-12]

Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary, or within such further time as may be consented to by the applicant. Failure of the Land Use Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Secretary 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 shall be so accepted by the County Clerk 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, the Township 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.

(3)

Whenever the Land Use Planning Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that "the approval of this subdivision is subject to conditions as set forth in the minutes of the Land Use Planning Board."

The applicant shall submit to the Clerk, at the time of submission of the application for final approval of a major subdivision, payment of such fee as established in Article VI, § 460-58.

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.

[Added 10-29-1979 by Ord. No. 1979-9]

§ 460-23 Final plat standards.

[Amended 2-28-2011 by Ord. No. 2011-5]

When the final plat, titled as such, is approved, the final plat shall be submitted in the form of three Mylar and nine paper prints on sheets of uniform size of one of four standard sizes, namely 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches or 8 1/2 inches by 13 inches, provided that, when more than one sheet is required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet, and each separate sheet shall show references to the adjoining sheets, at a scale of not less than one inch equals 200 feet and in compliance with the provisions of N.J.S.A. 46:23-9.9 et seq. (Map Filing Law), as amended. The final plat shall show the same information required for preliminary approval in addition to the following:

Tract boundary lines, streets, sight triangles, easements and other rights-of-way, street names, land reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions. Bearing or deflection angles and radii, area and center angles of all curves shall all be based on an actual survey by a land surveyor licensed to practice in the State of New Jersey. All dimensions, both linear and angular, of the exterior boundaries of the subdivision shall be balanced and closed within a limit of error of one to 10,000 and of all lot lines to within one to 20,000. All dimensions, angles and bearings given on the map must be referred to at least one permanent monument, which shall be indicated on the map.

Block and lot numbers in accordance with established standards and in conformity with the Township Tax Map as approved by the Township Engineer.

Cross section, profiles and established grades of all streets as approved by the Township Engineer.

Plans and profiles of all storm and sanitary sewers and water mains as approved by the Township Engineer.

Location and description of all monuments as required under this chapter, with at least one corner of the subdivision tied to a United States Geological Survey bench mark, with data on the plat as to how the bearings were determined.

Any changes between the information set forth in the preliminary plat and that which has actually been effected.

Proposed structures or buildings, including the areas allowed for the location of fences.

[Added 12-22-1987 by Ord. No. 1987-25]

§ 460-24 Effect of final approval.

[Amended 11-26-1996 by Ord. No. 1996-09; 12-10-2001 by Ord. No. 2001-12]

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 460-21 of this article, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time provided in § 460-25 of this article. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required in § 460-25 of this article, the Land Use 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 chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 460-21 of this article for the section granted final approval.

In the case of a subdivision for 150 acres or more, the Land Use 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 Land Use Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Land Use Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Land Use Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

§ 460-25 Recording of final approval.

[Amended 12-10-2001 by Ord. No. 2001-12]

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless, within such period, the plat shall have been duly filed by the developer with the County Clerk. The Land Use Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

§ 460-26 Selling of land prior to approval.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of subdivision for which Township approval is required by this chapter, such persons shall be liable, in addition to any statutory penalty set forth in N.J.S.A. 40:55D-55, for suit by the Township for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Article VI, § 460-53.[1]