[Amended 8-25-1981 by Ord. No. 1981-12]
A.
An applicant desiring to proceed with a major subdivision shall file
with the administrative officer for completeness review and review
by the Board's professionals the following documents:
[Amended 5-31-2022 by Ord. No. 2022-8]
[Amended 5-31-2022 by Ord. No. 2022-8]
A.
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]
(1)
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.
(2)
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]
(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:
[1]
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:
[1]
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:
[1]
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.
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 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.
[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.
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.
[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]
A.
If it is determined that the application is complete:
(1)
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.
(2)
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.
B.
Failure of the Land Use Planning Board to act within the period prescribed
shall constitute major subdivision preliminary approval.
C.
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.
A.
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:
(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, 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.
(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.
(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]
B.
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]
C.
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]
D.
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.
E.
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.
A.
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]
B.
Time limits; conditions.
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)
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.
(2)
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."
D.
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]
[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:
A.
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.
B.
Block and lot numbers in accordance with established standards and
in conformity with the Township Tax Map as approved by the Township
Engineer.
C.
Cross section, profiles and established grades of all streets as
approved by the Township Engineer.
D.
Plans and profiles of all storm and sanitary sewers and water mains
as approved by the Township Engineer.
E.
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.
F.
Any changes between the information set forth in the preliminary
plat and that which has actually been effected.
G.
Proposed structures or buildings, including the areas allowed for
the location of fences.
[Added 12-22-1987 by Ord. No. 1987-25]
[Amended 11-26-1996 by Ord. No. 1996-09; 12-10-2001 by Ord. No.
2001-12]
A.
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.
B.
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.
C.
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.
D.
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.
[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.
A.
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]
B.
In any such action, the transferee, purchaser or grantee shall be
entitled to the statutory lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors to secure the return of any deposits
made or purchase price paid and, also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land, or within six years
if unrecorded.
[Amended 12-10-2001 by Ord. No. 2001-12]
Before granting preliminary approval of an application for a major 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 in 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 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.