This chapter shall be known and may be cited as the "Subdivision and Site Plan Review Ordinance of Fairfield Township, Cumberland County, New Jersey."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Purposes of this chapter are to provide rules, regulations and standards that will contribute to the orderly growth and development of the Township; to set forth a clear statement of development application requirements; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; to improve the efficiency and safety of circulation systems within and outside individual developments; to encourage harmonious and efficient use of Township land; and, through the positive application of high standards of design and construction, to contribute to the overall quality of the environment and to further the goals and objectives of the Township's Master Plan and the purposes of Chapter 450, Zoning.
A. 
Subdivision review and approval. Except as provided in this chapter, any subdivision or resubdivision of land in Fairfield Township shall be submitted for review and approval by the Township Planning and Zoning Board and shall be a prerequisite to the recording or filing of such subdivision with the County Clerk. All subdivision approval shall be by resolution, and evidence of such approval shall be indicated on the plat or deed as provided in Chapter 27, Development Procedures.
(1) 
Expiration of approval. Any subdivision approval granted by the Planning and Zoning Board shall expire if the subdivision has not been duly recorded or filed in accordance with Chapter 27, Development Procedures.
(2) 
Exemption from review and approval. If no new streets are created, the following shall not be considered subdivisions as indicated by the definition of the term "subdivision" in N.J.S.A. 40:55D-7, Subsections 3 and 4: division of land for agricultural purposes where all resulting parcels are five acres or larger in size; division 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 above situation shall be exempt from Planning and Zoning Board review and approval as a prerequisite to recording with the County Clerk. In all these cases, an application for exemption from subdivision review and approval shall be made to the Planning and Zoning Board and the basis for exemption documented. If exemption is granted by the Planning and Zoning Board, evidence thereof shall be stated on the document to be recorded and the signature of the Chairperson and Secretary of the Planning and Zoning Board affixed thereto.
(3) 
Minor subdivisions. If a subdivision is found to be a minor subdivision as defined in this chapter, it shall be submitted, reviewed and acted upon in a one-step procedure. Minor subdivisions shall comply with application requirements contained in Article II and design standards and improvement requirements contained in Article III of this chapter; shall be subject to penalties contained in § 400-25; and shall be acted upon in accordance with procedures contained in § 27-2 of Chapter 27, Development Procedures.
B. 
Site plan review and approval.
(1) 
Any development requiring a municipal development permit shall be subject to review and approval of the Township Planning and Zoning Board as a condition or prerequisite for the issuance of a development permit. Action taken by the Planning and Zoning Board on any application for site plan approval shall be by resolution in accordance with applicable regulations, standards and requirements contained in this chapter, Chapter 27, Development Procedures, and Chapter 450, Zoning.
(2) 
Exemptions. Site plan review and approval shall not be required for:
(a) 
Building permits for individual lot applications involving only detached one or two dwelling unit buildings;
(b) 
Accessory uses such as a private garage (unless it is part of an apartment or townhouse project);
(c) 
In connection with the alteration or repair of an existing building or use when the Zoning Officer determines that said alteration or repair:
[1] 
Will not result in additional lot coverage;
[2] 
Will conform to the maximum and minimum building standards set forth in Chapter 450, Zoning;
[3] 
Will not increase the number of required off-street parking or loading spaces; and
[4] 
Is not proposed in connection with a use requiring conditional use approval by Chapter 450, Zoning.[1]
[1]
Editor's Note: Original § 12-3.3, Substitution of authority, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Conditional approval. The Planning and Zoning Board shall act on development applications for subdivisions and site plans within the time constraints set forth in Chapter 27, Development Procedures, and shall condition its approval on any approval required from the County Planning Board or other outside agency as provided in N.J.S.A. 40:55D-1 et seq. The Board may also condition its approval, either preliminary or final, of any site plan or subdivision, whether minor or major, or other development application, on compliance by the applicant with any lawful requirement it deems, in its judgment, reasonable and necessary for the public health, safety and welfare.
[Amended by Ord. No. 478-2001]
All definitions in N.J.S.A. 40:55D-3 to 40:55D-7 shall apply. Unless the context clearly indicates otherwise, the following words and phrases shall have the meaning indicated:
ADMINISTRATIVE OFFICER
The Secretary of the Planning and Zoning Board, the Municipal Clerk in the case of matters involving the governing body, and the Zoning Officer in the case of matters involving the issuance of zoning permits and certificates of occupancy and enforcement of Chapter 450, Zoning, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
BLOCK
The land surface area enclosed by adjacent street or road right-of-way lines.
CERTIFICATE OF OCCUPANCY
A document which shall be deemed to authorize and be required for each occupancy and use of a building or land to which it applies and shall continue in effect only so long as such building and the use thereof and use of such land is in full conformity with the requirements of Fairfield Township development regulations or any requirements made pursuant thereto. A certificate shall only be issued by the Zoning Officer upon completion of construction or alteration or prior to any changes in occupancy of a building or land, only after the Zoning Officer is satisfied that said construction or change is in full compliance with the requirements of Fairfield Township development regulations or a determination pursuant thereto by a municipal agency. Maintenance of a valid certificate of occupancy shall be the responsibility of the property owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CHANNEL
The identifiable bed and banks of a natural stream which conveys the constant or intermittent flow of the stream.
CONTIGUOUS LAND
Land and parcels that abut each other, or are separated only by streets, ways, pipelines, electrical power lines, conduits or other rights-of-way owned or controlled by others.
DENSITY, GROSS
The number of dwelling units per acre for a given area that includes streets or other common or public open spaces. In the case of mixed-use developments, space devoted to nonresidential uses is also included.
DENSITY, NET
The number of dwelling units per acre for a given area that excludes streets and other common or public open spaces. In the case of mixed-use developments, space devoted to nonresidential uses is also excluded.
DEVELOPMENT PERMIT
Any permit or certificate of occupancy required to be issued for any development regulated by the Township zoning, subdivision, site plan review or official map ordinances.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches that are required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public from flood damage in accordance with the provisions of Chapter 257, Flood Damage Prevention, of this Code or applicable state laws.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
FLOODPLAIN
A land area adjoining a river, stream, or other watercourse which is likely to be flooded. For the purposes of this chapter, the 100-year flood which has a 1% chance of being equaled or exceeded in any given year was chosen. The special flood hazard area is delineated on the HUD Floodplain Map used by the Federal Insurance Administration.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
FLOODWAY
Any portion of a floodplain lying within 50 feet of the adjacent channel edge of a natural stream or within 25 feet from the edge of a lake or center line of any watercourse other than a natural stream.
GARDEN APARTMENTS
A residence building or group of one or more residence buildings of not more than 2 1/2 stories in height and two rooms in depth designed and erected as a project with singleness of use and operation and where joint or communal use is to be made of open areas by the occupants, whether it be for recreation, parking of automobiles or other communal purposes.
LOADING SPACE
Any off-street space, not less than 12 feet in width, 70 feet in length and 14 feet in height, available for the loading or unloading of goods, having direct access to a street or other public way and so arranged that no vehicle is required to back into the public right-of-way.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
LOT AREA
The surface of a land parcel determined by its boundary lines and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
MINOR SUBDIVISION
A subdivision of land that does not involve:
A. 
The creation of more than three lots including the reserve land;
B. 
A planned unit development;
C. 
Any new street; or
D. 
Extension of any off-tract improvement.
NATURAL STREAM
A waterway consisting of a naturally eroded channel with visible evidence of banks and bed, as distinguished from a swale, which shows no evidence of natural erosion, except occasional gullying, and from a ditch, which consists of an artificially excavated channel.
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 500 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any street or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument. The designation of a subdivision as a resubdivision shall be determined on the basis of the tract or parcel of land affected without regard to any change in ownership.
RIGHT-OF-WAY LINE
The boundary line of land used or intended for use as streets or other public ways and from which required setbacks for front yard and lot depths shall be measured. Where existing records are vague or show a lesser dimension, they shall be considered to be not less than 50 feet apart, or 25 feet from the street center line.
SITE PLAN REVIEW
The examination of the specific development plans for a lot. The site plan review shall be made by the Planning and Zoning Board as a prerequisite to obtaining a zoning permit and building permit.
SITE REVIEW COMMITTEE
A committee of at least three Planning and Zoning Board members appointed by the Chairperson of the Planning and Zoning Board to carry out duties related to land subdivision and site plan review as may be conferred upon it by the Planning and Zoning Board Chairperson.
SPECIAL FLOOD HAZARD AREA
See definition for "floodplain."
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or is shown on a plat approved according to law; or is approved by official action by N.J.S.A. 40:55D-1 et seq.; or is shown upon a plat duly filed and recorded in the office of the County Clerk prior to the appointment of a planning board and the granting to such board the power to review plats; and includes the land between the right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the right-of-way lines.
A. 
PRIMARY ARTERIAL ROADPrimary arterial roads are four-lane separated highways anticipated to serve regional traffic movements.
B. 
SECONDARY ARTERIAL ROADSecondary arterial roads include numbered state routes and primary county highways serving to supplement state highway systems.
C. 
COLLECTOR STREETCollector streets are designed to serve as traffic channels between minor streets and the arterial road system.
D. 
LOCAL STREET (including culs-de-sac and marginal access streets)Local streets are designed and intended to provide access to adjacent properties and are not intended to carry through traffic.
(1) 
CUL-DE-SACA minor land service street, closed at one end and having adequate vehicle turning area at the closed end.
(2) 
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E. 
ALLEYSAlleys are used primarily for vehicular service access to the back and/or side of properties.
STREET LINE
The right-of-way line of a street, road, or other public way used or intended for use by vehicular traffic.
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance according to N.J.S.A. 40:55D-40b, 40:55D-60, 40:55D-70c and 40:55D-70d. The Planning and Zoning Board shall have the power to grant variances when lot area, lot dimension, setback and yard requirements cannot be met because of the dimensions of the existing parcel. Relief shall not be granted for more than one lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
WATERCOURSE
Any area of land either naturally formed or artificially designed for the storage, passage, retention or flow of water, including but not limited to the following: lake, pond, stream, canal, ditch or swale.