The purpose of this article is to provide for the regulation
of land subdivision in the Township and to establish rules, regulations
and standards governing such land subdivision in order to promote
the public health, safety, convenience and general welfare of the
Township. It shall be administered to ensure orderly growth and development,
conservation, protection and proper use of land and adequate provision
for circulation, utilities and service.
For the purposes of this article, the following terms shall
have the following meanings:
ALLEY or SERVICE WAY
Any public or private way open to public vehicular use less
than 21 feet in width.
CUL-DE-SAC
A short dead-end street not over 600 feet in length with
a turnaround at the end.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the New Jersey Revised Statutes.
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with this chapter and which, if approved, shall be filed with the proper county recording officer, except in the case of minor subdivisions as set forth in §
109-52.
MINOR SUBDIVISION
Any subdivision of a tract or parcel of land which does not
involve the creation of more than two lots fronting on a public street,
planned development, any new street or the extension of any off-tract
improvement.
PLAT
The map of a subdivision.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway; or a street or way shown upon a plat heretofore approved
pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.);
or a street or way on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats. "Street"
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines.
SUBDIVIDER
Any person commencing proceedings under this chapter to effect
a subdivision of land hereunder.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chair to be for agricultural purposes where all resulting
parcels are five acres or larger in size; divisions of property by
testamentary or intestate provisions; divisions of property upon court
order; and conveyances so as to combine existing lots by deed or other
instrument. The term "subdivision" shall also include the term "resubdivision."
All subdivisions of land within the Township are hereby required
to be effected subject to regulation under this chapter. No plat of
any such subdivision shall be filed by any person with the County
Recording Officer as purporting to be in compliance with this chapter
and with Section 28 of the Municipal Land Use Law (N.J.S.A. 40:55D-37)
unless and until the same shall be approved by the Planning Board
and such approval, signed by the Secretary of the Planning Board,
shall have been endorsed on such plat.
Unless specifically waived by the Planning Board, the information
which is to be submitted for a preliminary site plan is as follows:
A. Plats shall be clearly and legibly drawn or reproduced on tracing
cloth at a scale of not less than one inch equals 30 feet, on sheets
no larger than two feet by three feet. All levels shall be based on
North American data. Benchmarks for levels shall be noted on the plat.
All plats shall be designed and drawn by a licensed New Jersey land
surveyor, provided that, where improvements to the land other than
monuments are to be installed, such improvements shall be designed
by a licensed New Jersey engineer.
B. Plats shall be designed in compliance with the design and improvement
standards of this article and with all the provisions of P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.), as supplemented and amended.
C. Subdivision plats shall show and/or be accompanied by the following
information:
(1) A key map showing the entire property, whether all or part only is
to be immediately subdivided, and showing its relation to surrounding
areas.
(2) The tract name, block and lot numbers, date, reference meridian,
graphic scale and the names and addresses of the record owner or owners,
the developer and the person who prepared the map.
(3) Acreage of the tract to be subdivided to the nearest tenth of an
acre.
(4) The location within the subdivision of existing property lines, tract
boundary lines, streets, buildings, watercourses, railroads, bridges,
culverts, drainpipes, easements and any natural features, such as
wooded areas and rock formations and also existing trees with a diameter
of over eight inches, except that this requirement may be waived where
there are groups of such trees which are not to be disturbed.
(5) The location of proposed streets, easements and other rights-of-way,
land to be reserved or dedicated to public use, all lot lines and
other site lines, with accurate dimensions, bearings, radii, arcs
and central angle of curves.
(6) The purpose of any easement or land reserved or dedicated to public
use designated and the proposed use of sites other than residential
noted.
(7) Each block shall be numbered, and the lots within each block shall
be numbered consecutively.
(8) Minimum building setback line on all lots.
(9) Dimensions from all structures to the lot lines so that the side
yards, rear yard and front yard are shown.
(10)
Location and description of all monuments.
(11)
Names of owners of adjoining land, as shown by the Tax Maps.
(12)
Certification by the engineer or surveyor as to accuracy of
details of plat.
(13)
Certification that the applicant is the owner of the land. Where
the application is made through an agent of the owner, his or her
authority must be in writing, signed by the owner and authenticated
in a manner satisfactory to the Planning Board.
(14)
When deemed necessary by the Planning Board or the Board of
Adjustment, contours at vertical intervals of not more than five feet
where the slope is greater than 10% and not more than two feet where
the slope is less than 10%. Elevations shall be marked on such contours
based on North American data.
(15)
Plans, profiles and cross sections of all proposed streets within
the subdivision and profiles of existing or future continuing streets
a minimum distance of 200 feet beyond the subdivision boundaries.
(16)
Plans of proposed utility layouts (water, gas and electricity)
showing feasible connections to an existing or any proposed utility
system.
(17)
Plans and profiles of all proposed and existing sanitary sewers,
storm drains, drainage ditches and streams within the subdivision,
together with the locations, sizes, elevations, grades and capacities
of any existing sanitary sewer, storm drain, drainage ditch or stream
to which the proposed facility is to be connected. When storm drains,
drainage ditches or brook channel improvements are proposed or required,
the plan for such improvement must be approved by the State Water
Policy Commission if said improvement is of sufficient size to so
warrant.
(18)
Location and results of percolation tests where a public sewage
disposal system is not available.
(19)
Plans for an individual sewage disposal system where same is
proposed.
(20)
Where the development of the subdivision or improvements within
the subdivision are contingent upon information outside the boundaries
of such subdivision, such information shall be supplied by the subdivider.
(21)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided.
(22)
Location and types of other improvements required to be installed
by this article.
(23)
In any subdivision where the average slope of any proposed lot
exceeds 10%, hypothetical site plans for each lot in the proposed
subdivision showing the expected location of structures, paved surfaces,
regraded areas and other areas of land disturbance. Such plans shall
show drainage swales, seepage pits, retention and detention basins
or other devices needed to control storm- and groundwater runoff.
"Average slope" shall be defined as the difference between the highest
and lowest ground elevation on opposite sides or boundaries of a proposed
lot divided by the minimum horizontal distance between such high and
low points.
(24)
Streetscape elevations of proposed buildings and buildings immediately
adjacent to proposed buildings to show new construction within the
context of the surrounding built environment.
A developer shall be entitled to final major subdivision plan
approval upon the satisfactory completion of all required site improvements
and satisfaction of conditions of the preliminary approval, or upon
the posting of performance and maintenance guarantee, in such form
and amounts pursuant to the Municipal Land Use Law, for all reasonably
necessary improvements as determined by the Township's Engineer's
estimate.
Developers may seek the extension of a final subdivision approval
pursuant to the Municipal Land Use Law. No extension may be granted
by the Planning Board unless the applicant has attached to his request
for an extension the following:
A. A written certification from the Tax Collector that all real estate
taxes have been paid;
B. A written certification from the Township Clerk or Chief Financial
Officer that all fees on the current and former applications as well
as all escrow deposits have been paid and deposited; and
C. A fully executed copy of posted bonds continuing in effect or a developer's
agreement with the Township with evidence of compliance with its terms.
The granting of final site plan approval shall entitle the developer
to those rights as inure to the developer pursuant to the Municipal
Land Use Law. For major subdivisions, final approval shall expire
95 days from the signing of the plat unless, within such period, the
plat shall have been duly filed by the developer with the County Recording
Officer. The 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. The plat filed shall have been
signed by the Chair and Secretary of the Planning Board. The developer
shall notify the Planning Board of such filing by affidavit within
the required time period.
Upon approval of a plat or, in the case of a minor subdivision,
a deed, a print or copy shall be filed by the Planning Board with
the Municipal Clerk, Township Engineer, Township Building Inspector
and Township Tax Assessor.