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Township of Denville, NJ
Morris County
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Table of Contents
Table of Contents
If the plat is classified as a major subdivision at a regular Planning Board meeting, a notation to that effect shall be made on the plat, a copy of which shall then be returned to the subdivider for compliance with the procedure in Article XV, Filing Procedure.
Before the Subdivision Committee of the Planning Board considers any minor subdivision pursuant to this article, the Health Officer shall have approved each lot as capable of proper sewage disposal, either by being connectable to the public sewage disposal system or by use of some other approved method pursuant to local regulations and by Chapter 199 of the Laws of 1954 (N.J.S.A. 58:11-23 et seq.).
[Amended by Ord. No. 9-81]
Upon approval of the minor subdivision by the Planning Board, the Chairman, Secretary and Township Engineer shall affix their signatures to the plats.
[Amended by Ord. No. 16-92]
A.ย 
Except as provided in Subsection C herein, 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 and the provisions of the Map Filing Law, N.J.S.A. 46:26B-1 et seq. (L. 2011, c. 217) 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 Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Law, N.J.S.A. 46:26B-1 et seq. (L. 2011, c. 217); provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.ย 
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 minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this section.
C.ย 
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection A if the developer proves to the reasonable satisfaction of the Planning Board (1) 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 (2) that 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.
D.ย 
The 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 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 (1) what would otherwise by the expiration date of minor subdivision approval or (2) the ninety-first day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
[Added by Ord. No. 2-08]
A.ย 
For the purpose of giving due notice of the farm rights contained in ยงย 600-176 to new residents of the municipality, the Planning Board shall require an applicant for every minor subdivision, as a condition of approval of such application, to provide every purchaser with a copy of the Township's Right to Farm Ordinance and to include the disclosure set forth in ยงย 600-176J in all contracts of sale for the subdivided lots; and
B.ย 
Whenever a new minor subdivision abuts a farm as defined in ยงย 600-176 or a new minor subdivision contains space which was not owned by individual homeowners or a homeowners' association, and said space is at least five acres in size, then the following language shall be inserted in the deed of all lots in the subdivision.
Grantee is hereby noticed there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under ยงย 600-176, Agricultural uses, of this chapter.