A.
A concept plan submission is required for all major subdivision applications, and may be required by the Land Use Board for minor subdivision applications. A concept plan discussion may be held at a meeting of the Land Use Board or the Subdivision Committee with reference to a conceptually prepared plat of sufficient accuracy to be used for purpose of discussion. In order to prepare the plat, it is recommended that the applicant undergo Steps 1 and 2 of the four-step design process outlined in § 550-101C of Chapter 550, Zoning. The purpose of such a discussion will be to review overall development concepts in order to assist the applicant in the preparation of subsequent plans. No decisions will be made and no formal action will be taken on a concept plan discussion. Discussion and recommendations shall be informal and shall not be binding on the Land Use Board. The Land Use Board shall have the right to limit and control the extent, length and scope of such concept plan discussion, to regulate when it may occur, to require prior notice of a request for it and to conclude it in the interests of expediting other business or if the matters being presented, in the judgment of the approving authority, should be presented formally.
B.
The Land Use Board or its Subdivision Committee may review any application
for development or discuss the same with the developer to determine
whether the development is a major or minor subdivision or other kind
of development; the procedures by which such application is to be
processed; and whether the application is complete. Any action taken
pertaining to such concept plan submission shall be without prejudice
to the rights of the parties to later proceed formally under the procedures
elsewhere set forth in this chapter.
A.
Any owner of land wishing to subdivide or resubdivide land within
the Township wherein such subdivision meets, or appears to meet, the
definition as contained in this chapter for major subdivisions, shall
file at least 18 black-and-white prints of the preliminary plat map,
together with 18 completed application forms for preliminary approval
with the Land Use Board Secretary 30 calendar days prior to the Land
Use Board meeting at which consideration is required. All development
applications shall be completed in accordance with the attached checklist
Forms A through J.[1] At the time of filing, a fee as set forth in Article VIII of Chapter 45, Land Use Procedures, shall be paid to the Township Clerk. If the applicant is not the owner of record of the title to the property being subdivided, (s)he shall file a written consent, signed by the owner, consenting to the making of the application. The Secretary of the Land Use Board shall forward one copy thereof to the Township Clerk.
[1]
Editor's Note: Said forms are included at the end of this
chapter.
B.
The developer shall simultaneously file 18 copies of the application
with the County Planning Board for its review and recommendations,
and where applicable, approval. The applicant shall furnish proof
of such submission at the time of the submission of this application
to the Municipal Land Use Board by presenting a copy of this plat
with an indication from the county that it has been filed with them.
Any application for subdivision approval shall not be deemed complete
in the absence of proof that it has been filed with the County Planning
Board. If the County Planning Board has failed to grant or deny approval
of the site plan at the time of preliminary approval of the applicant's
application, such preliminary approval shall be conditioned on approval
of the plat by the County Planning Board.
C.
The Land Use Board Engineer shall review the submission for completeness
in accordance with Forms A through J,[2] and shall recommend to the Land Use Board acceptance or
rejection of the submission as a complete application within 45 days
of such submission. If the application is incomplete, the application
shall be returned to the applicant and the Land Use Board Secretary
shall state the reason for such rejection.
[2]
Editor's Note: Said forms are included at the end of this
chapter.
If the submission is accepted as complete, a date for the public hearing shall be set and the applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provisions of Chapter 45, Land Use Procedures, and N.J.S.A. 40:55D-12. If the Land Use Board requires any substantial amendment in the layout of improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice in accordance with the provisions of N.J.S.A. 40:55D-12.
Copies of the original preliminary and all revised plat shall
be forwarded by the Secretary of the Land Use Board prior to the hearing
to the following persons:
A.
Township Planning Consultant.
B.
Township Engineer.
C.
Township Environmental Commission.
D.
Such other Township, county or state officials as directed by the
Land Use Board.
E.
If the property which is the subject of the development application
lies within 200 feet of another municipal boundary, a copy of the
plat shall be sent by the Land Use Board Secretary to the Secretary
of the Planning Board of the adjoining municipality. A written statement
shall be requested from the adjoining municipality indicating whether
the proposed subdivision in the Township of Fredon is also subject
to the joint jurisdiction of that adjoining municipality and whether
or not a formal application and review is required or requested by
that adjoining municipality. The Secretary of the Planning Board of
the adjoining municipality shall be informed of the date of the public
hearing and any communications received prior to this date shall be
considered in relation to the approval or disapproval of the plat.
A.
After the initial submission of an original application and preliminary plat of a major subdivision, which shall be submitted and filed in accordance with § 470-17A above, in the event the applicant desires or is required to prepare revisions to the originally submitted plat and/or submit additional data or documentation in support thereof, the same shall be submitted to the Secretary of the Land Use Board at least 15 working days, excluding Saturdays, Sundays and legal holidays, prior to the work or regular meeting of the Land Use Board at which consideration or review of the application is expected.
B.
In the event the submissions are not made in accordance with the
advance filing requirements set forth hereinabove, the revisions shall
not be reviewed by the Board's Engineer or Planning Consultant,
nor considered by the Land Use Board until the next subsequent scheduled
work or regular meeting following such late submission.
A.
Approval of any application shall be conditioned on certification
by the Sussex County Soil Conservation District of a plan for soil
erosion and sediment control pursuant to the provisions of Chapter
251, P.L. 1975, N.J.S.A. 4:24-39 et seq.
B.
In all cases, the recommendation of the County Planning Board shall
be given careful consideration in the final decision of the Township
Land Use Board. If the County Planning Board has approval authority
pursuant to N.J.S.A. 40:27-12, its action shall be noted on the plat,
and if disapproved, two copies of the reasons for disapproval shall
be returned with the plat. If the Township Land Use Board or County
Planning Board disapproves a plat, the reasons for disapproval shall
be stated in writing and remedied prior to further consideration.
If approval is required by any other officer or public body, the same
procedure as applies to submission and approval by the County Planning
Board shall apply.
C.
If the Land Use Board acts favorably on a preliminary plat and upon
completion of all necessary revisions thereto, the Chairperson and
Secretary of the Land Use Board shall affix their signatures to the
plat with a notation that it has received preliminary approval and
returned to the subdivider for compliance with final approval requirements.
D.
The Land Use Board shall, by resolution, set forth its findings of
fact and conclusions of law in support of the action taken. A copy
of the action taken by the Land Use Board shall be forwarded to the
Township Clerk.
Preliminary approval shall, except as hereinafter set forth,
confer upon the applicant the following rights for a three-year period
from the date on which the resolution of preliminary approval is adopted:
A.
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 relate to public health and safety.
B.
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.
C.
That the applicant may apply for, and the Land Use 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 shall govern, unless a waiver is granted by
the Land Use Board.
D.
In the case of subdivision of an area of 50 acres or more, the Land
Use Board may grant the rights referred to in N.J.S.A.40:55D-49(d.)
above for such period of time, longer than three years, as shall be
determined by the Land Use 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 Board may thereafter grant, an extension of preliminary approval
for such additional period of time as shall be determined by the Land
Use 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
shall govern.
E.
Whenever the Land Use Board grants an extension of preliminary approval
pursuant to N.J.S.A. 40:55D-49(e.) and preliminary approval has expired
before the date on which the extension is granted, the extension shall
begin on what would otherwise be the expiration date. The developer
may apply for the extension either before or after what would otherwise
be the expiration date.
F.
The Land Use Board shall grant an extension of preliminary approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other 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 preliminary approval, or the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later. An extension granted pursuant to
this section shall not preclude the Land Use Board from granting an
extension pursuant to N.J.S.A. 40:55D-49f.
