A.
Any applicant wishing to subdivide or resubdivide land within the Township of Pequannock, subject to the exceptions noted in the definition of "subdivision" in § 316-4, shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all meetings of the Planning Board whenever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application for that particular meeting or, when reasonable, to deny the application. Failure to submit all required items with the application shall cause the application to be automatically tabled until all required items are submitted. If such failure persists, the Planning Board shall have the right to deny the application.
B.
An applicant for subdivision shall
submit a complete application, including the application form, required
fees and all information required by Township ordinances, two weeks
prior to the Board meeting. An application shall be certified as complete
immediately upon meeting all requirements and shall be deemed complete
as of the day it is certified by the administrative officer. If the
application is incomplete, the administrative officer shall notify
the applicant of deficiencies, in writing, within 45 days of the submission
of such application. The time period for action shall commence upon
certification of completeness. Nothing in this chapter shall deny
the Board the right to require reasonable additional information specified
in this chapter or any revision to the documents submitted. The requirement
of this additional information shall not affect the completeness of
the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
At the request of the developer,
the Planning Board shall review a conceptual plan of the developer.
There shall be no fee for this review, and neither the developer nor
the Planning Board shall be bound by this review.
A.
Procedure. An applicant for the subdivision of land within the Township of Pequannock shall submit to the Township Clerk two copies of an application for classification and a fee as provided in Chapter 152, Fees, Article II, Development Fee Schedule, and three copies of a sketch plat at least two weeks prior to a regular meeting of the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Classification. The Subdivision
Committee shall classify the plat as a major or minor subdivision
by majority vote and forward all materials, including the Committee's
comments and recommendations pertaining to the subdivision, to the
Planning Board.
C.
Planning Board approval. The Planning
Board, at its next regular meeting, shall review the classification
of the subdivision Committee and approve or change the classification
by majority vote.
[Amended 10-23-2001 by Ord. No. 2001-20]
A.
Complete application. The following
items and information as indicated on the checklist must be submitted
to the administrative officer before an application can be deemed
complete:
(1)
Two
complete application forms (once the application has been deemed complete
the applicant shall submit 18 additional copies of the application).
(2)
Two
copies of the plat (an additional 18 copies will be required once
the application has been deemed complete).
(3)
Payment
of the administrative and escrow review deposits.
(4)
Proof
of payment of taxes signed by the Tax Collector.
(6)
Health
Department approval of septic systems where sanitary sewers are not
available.
(7)
Completed
floodplain development application (when required by ordinance).
(8)
Proof
of submission of a completed application form for Morris County Soil
Conservation District, if applicable.
(9)
Receipt
of completed application form and required fees for Morris County
Planning Board when required.
B.
Each submission shall be drawn
at an appropriate scale not less than one inch equal to 100 feet and
shall be submitted on one of the four following standard sheet sizes:
8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches
by 36 inches, or 30 inches by 42 inches. Once the application has
been deemed complete the applicant shall provide 18 copies of all
materials related to the pending application. In addition, the following
information shall appear on all plans in order to be deemed complete:
(1)
A key
map showing the entire tract, the zone in which the subject property
is located and all property within a 200-foot radius of the subject
property, including the Tax Map block and lot numbers and owner's
name, said map to be drawn at a scale of one inch equal to 100 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Title
block in accordance with the rules governing title blocks for professional
engineers (N.J.S.A. 45:8-36):
(a)
Name of the development, Pequannock Township, Morris County.
(b)
Name, title, address and license number of the professional(s) who
prepared the plat or plan.
(c)
Scale (written).
(d)
Date of original preparation and of each subsequent revision thereof
and a list of the specific revisions entered on each sheet.
(e)
Existing block and lot numbers as they appear on the Township Tax
Map.
(3)
North
arrow; name, title, address and telephone number of the applicant;
name, title, and address of the owner(s) of record; and graphic scale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Certification
that the applicant is the owner of the land or his properly authorized
agent, or that the owner has given his consent under an option agreement.
(6)
Acreage
to the nearest 1/100 of an acre and a computation of the area of the
tract to be disturbed.
(8)
Identification
of the flood hazard area as per FEMA maps dated September 17, 1992,
as revised or submission of a perfected Letter of Map Amendment (LOMA).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
The
location of all existing watercourses, easements, rights-of-way, streets,
roads, highways, freeways, railroads, rivers, buildings, structures,
or any other feature directly on the tract or off tract in and within
200 feet, if it is deemed that such feature has an effect upon the
use of subject property.
(10)
The
location and treatment of proposed entrances and exits to the public
right-of-way.
(11)
Design
for method of soil erosion and sediment control and location of the
same.
(12)
The
location and details of sidewalks, walkways and all other areas proposed
to be devoted to pedestrian use.
(13)
The
location and details of all subsurface structures, including storm
sewers, sanitary sewers, telephone, electrical, gas, water, manholes,
valve boxes, hydrants and other appurtenances, giving top and invert
elevations, direction of flow, size of appurtenances, ownership, capacity,
pressure leads, materials, type, and projected routes.
(14)
The
location of existing structures such as water and sewer mains, utility
structures, gas transmission lines and high-tension power lines on
the tract and within 200 feet of its boundaries.
(15)
When
sanitary sewers are not available, the plans must indicate the location
of the percolation test for each lot proposed in the actual septic
design.
C.
Upon receipt of comments from
the Township Engineer, the Township Planner, and/or the Morris County
Planning Board, but in no case later than 45 days from the date of
a completed application, the Planning Board shall approve, approve
conditionally or deny the minor subdivision.
(1)
If approved, a notation to
that effect shall be made on the plat or deeds supplied by the applicant,
and the plat or deeds shall be signed by the Chair of the Planning
Board and Secretary. The plat or deeds shall be returned to the applicant
within one week following the next regular meeting of the Board.
(2)
If conditionally approved
or rejected, the reasons for conditional approval or rejection shall
be noted on one copy of the application form and one copy of the plat
and returned to the applicant within 10 days from the date of the
next regular Board meeting.
D.
If approved as a minor subdivision,
a plat map drawn in compliance with N.J.S.A. 46:26B-1 et seq., a subdivision
description or a deed shall be filed with the county recording officer
within 190 days from the date of municipal approval. Failure to file
within 190 days shall void said subdivision approval. After filing
with the county, copies shall also be filed with the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Any lands, lots or parcels resulting
from a minor subdivision may not be resubmitted as a minor subdivision
of land for a period of three years from the date of initial approval
as a minor subdivision. However, this subsection shall not apply to
an application for resubdivision or an application which does not
create any additional lots.
F.
The zoning requirements and general terms and conditions upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly filed as provided in Subsection D of this section.
A.
If classified as a major subdivision,
the sketch plat shall be so noted and returned to the applicant for
compliance with the provisions of this chapter dealing with major
subdivisions.
B.
Complete application. The following
items and information as indicated on the checklist must be submitted
to the administrative officer before an application can be deemed
complete:
(1)
Two complete applications
(once the application has been deemed complete the applicant shall
submit 18 additional copies of the application).
(2)
Two copies of the plat (an
additional 18 copies will be required once the application has been
deemed complete).
(3)
Payment of the administrative
and escrow review deposits.
(4)
Proof of payment of taxes
signed by the Tax Collector.
(6)
Surface water management plan
acceptable to the Township Engineer.
(7)
Soil erosion and sediment
control plan.
(8)
Environmental impact study
(when required by ordinance).
(9)
Health Department approval
of septic systems where sanitary sewers are not available.
(10)
Completed floodplain development
application (when required by ordinance).
(11)
Proof of submission of a
completed application form for Morris County Soil Conservation District,
if applicable.
(12)
Receipt of completed application
form and required fees for Morris County Planning Board when required.
C.
Each submission shall be drawn
at an appropriate scale not less than one inch equal to 100 feet and
shall be submitted on one of the two following standard sheet sizes:
24 inches by 36 inches or 30 inches by 42 inches. Once the application
has been deemed complete the applicant must provide 18 additional
copies of all materials submitted as a part of the application to
be heard. In addition, the following information shall be provided
on the appropriate medium:
(1)
A key
map showing the entire tract, the zone in which the subject property
is located and all property within a 200-foot radius of the subject
property, including the Tax Map block and lot numbers and owner's
name, said map to be drawn at a scale of one inch equal to 100 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Title
block in accordance with the rules governing title blocks for professional
engineers (N.J.S.A. 45:8-36):
(a)
Name of the development, Pequannock Township, Morris County.
(b)
Name, title, address and license number of the professional(s) who
prepared the plat or plan.
(c)
Scale (written).
(d)
Date of original preparation and of each subsequent revision thereof
and a list of the specific revisions entered on each sheet.
(e)
Existing block and lot numbers as they appear on the Township Tax
Map.
(3)
North
arrow; name, title, address and telephone number of the applicant;
name, title, and address of the owner(s) of record; and graphic scale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Certification
that the applicant is the owner of the land or his properly authorized
agent or that the owner has given his consent under an option agreement.
(6)
Acreage
to the nearest 1/100 of an acre and a computation of the area of the
tract to be disturbed.
(8)
Identification
of the flood hazard area as per FEMA maps dated September 17, 1992,
as revised or submission of a perfected Letter of Map Amendment (LOMA).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(9)
The
location of all existing watercourses, easements, rights-of-way, streets,
roads, highways, freeways, railroads, rivers, buildings, structures,
or any other feature directly on the tract or off tract in or within
500 feet, if it is deemed that such feature has an effect upon the
use of subject property.
(10)
When
sanitary sewers are not available, the plans must indicate the location
of the percolation test for each lot proposed and the actual septic
design.
(11)
The
location and treatment of proposed entrances and exits to the public
right-of-way, including the possible utilization of traffic signals,
channelization, acceleration and deceleration lanes, additional width,
and any other device necessary to traffic safety and/or convenience.
(12)
The
location and identification of proposed open spaces, parks, recreation
areas, or land to be dedicated to the Township or other public body.
(13)
Design
for method of soil erosion and sediment control and location of the
same.
(14)
Stormwater.
Topographical information and storm drainage studies and computations
acceptable to the Township Engineer on all stormwater or surface water
collection and disposal areas within or adjacent to the proposed subdivision.
(15)
The
location, design, species, height and type of landscaping, buffer
areas, and screening devices.
(16)
The
location and details of sidewalks, walkways and all other areas proposed
to be devoted to pedestrian use.
(17)
The
location and details of all subsurface structures, including storm
sewers, sanitary sewers, telephone, electrical, gas, water, manholes,
valve boxes, hydrants and other appurtenances, giving top and invert
elevations, direction of flow, size of appurtenances, ownership, capacity,
pressure leads, materials, type, and projected routes.
(18)
The
location of existing structures such as water and sewer mains, utility
structures, gas transmission lines and high-tension power lines on
the tract and within 200 feet of its boundaries.
(19)
All
existing (as per Township Tax Map) and proposed lot lines, setbacks,
and yard dimensions as proposed, together with a table listing the
required bulk areas for the zone and the proposed bulk dimensions
and clearly identifying all variances requested.
(20)
The
entire property in question, even though only a portion of said property
is involved in the subdivision; provided, however that where it is
physically impossible to show the entire tract on the required sheet
an area map drawn at an appropriate scale is permitted.
(21)
Existing
and proposed contours of the site at two-foot intervals, unless slopes
are greater than 10%, in which case five-foot contours are permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(22)
If
service for utilities (telephone, electric, water, sewer, etc.) is
to be provided by an existing utility company, a letter must be submitted
from the company stating that service will be provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(23)
Plans,
typical cross sections and construction details, and horizontal and
vertical alignments of the center line of all proposed streets and
of all existing streets at the point of intersection with the proposed
street.
D.
Documents required with the preliminary
plat. The following documents shall accompany the application for
tentative approval:
(1)
Two copies of affidavit of
ownership.
(2)
Two copies of a letter of
intent stating:
(a)
The type of structure(s)
to be erected.
(b)
The nature of business
if commercial or industrial.
(c)
The approximate date of
the start of construction.
(d)
The priority of construction
(point of location).
(e)
The estimated sales or
rental figures.
(f)
The estimated number of
lots on which final approval will be requested for the first section.
(g)
The approximate date of
completion.
(3)
Two copies of any protective
covenants or deed restrictions applying to the land being subdivided.
E.
Distribution. When necessary,
copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board, prior to the hearing, to the following persons:
(1)
The Bureau of Fire Safety:
one copy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The Department of Public Works:
one copy.
(3)
The Board of Health: one copy.
(4)
The Construction Official:
one copy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
The Tax Assessor: one copy.
(6)
The Township Planner: one
copy.
(7)
The Township Engineer: two
copies.
(8)
The Shade Tree Commission:
two copies.
(9)
One copy to be retained by
the Planning Board.
(10)
The Environmental Commission:
one copy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Documents required prior to public
hearing. Unless otherwise provided, at least 10 days prior to the
public hearing the following documents shall be presented to the Board:
(1)
County Planning Board. A letter
of approval of plat from the Morris County Planning Board.
G.
Time limitation. The Board shall
act on the preliminary plat within 45 days after submission of a complete
application consisting of all necessary and required plans, letters,
exhibits and data for subdivisions of 10 or fewer lots and within
95 days for subdivisions of more than 10 lots or within such further
time as may be mutually agreed upon. If the Board disapproves a plat,
the reasons for the disapproval shall be communicated to the applicant
and remedied prior to further consideration. No action shall be taken
until receipt of the county review or until 30 days have elapsed from
the date of referral to the county. The above time may be extended
with the consent of the applicant.
H.
Planning Board action. The Board
shall approve, conditionally approve or reject the application.
(1)
Approval or conditional approval,
provided that all conditions are met, shall confer upon the applicant
the following rights for a three-year period from the date of approval:
(a)
That the general terms
and conditions upon which tentative approval was granted will not
be changed, including use requirements, layout and design of improvements,
lot size and dimensions.
(b)
That said applicant may
submit, on or before the expiration date, the whole or part or parts
of said plat for final approval.
(c)
That the applicant may
apply for and the Planning Board may grant extensions on such tentative
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.
(2)
In the case of a subdivision of an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection H(1) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Installation. Before consideration of a final subdivision plat, the subdivider shall have installed all improvements required by Article IV of this chapter under the supervision and inspection of the Township Engineer. Under special circumstances, some improvements may be specifically excluded by the Engineer. Such excluded improvements may generally consist of only the following:
B.
Agreement.
(1)
Prior to any construction,
including land clearance or soil disturbance, there shall be executed
an agreement between the developer and the Township incorporating
all of the terms and conditions of approval imposed by the Planning
Board. Implicit in every preliminary approval and part of such agreement
in connection with final approval shall be the agreement of the developer
to:
(a)
Procure necessary drainage
easements.
(b)
Make such revisions in
the drainage plan as may be reasonably required before or during construction
by the Township Engineer in accordance with good engineering practices.
All drainage problems shall be resolved to the satisfaction of the
Township Engineer prior to the issuance of the final certificate of
occupancy in the subdivision.
(2)
Said agreement shall also
provide for the posting of a two-year maintenance guaranty to take
effect upon acceptance of completed improvements by the governing
body.
C.
Certificate of occupancy; exceptions.
(1)
A certificate of occupancy
shall not be issued until the complete installation of all underground
utilities, including but not limited to sanitary sewers, water, gas,
storm drains, etc., and installation of road subbase, road base, binder
course and curbs in accordance with the specifications of the Township,
as certified in writing by the Township Engineer, and a maintenance
bond has been posted. A certificate of occupancy shall not be issued
until the completed road has been installed pursuant to Township specifications
and in compliance with all Township ordinances and conditions of subdivision
approval applicable thereto, as certified in writing by the Engineer
and approved by the governing body, with, however, the following exceptions.
(2)
The Township Engineer may
certify, in writing, that the best interests of the Township require
a delay for engineering reasons before the subdivider or developer
finishes the road. The Planning Board and governing body shall approve
the certification, and a certificate of occupancy may be issued, provided
that the following conditions are met:
(a)
The Engineer certifies
that proper road base and binder course have been installed.
(b)
The developer has deposited
with the Clerk an amount of money determined by the Planning Board
and approved by the governing body, exclusive of prior deposits, as
sufficient to maintain the road and road base in a passable condition,
free from ruts, mud, potholes, obstructions, snow, etc. Maintenance
of the road shall be the responsibility of the developer.
(c)
The developer agrees, in
writing, to complete the road within 60 days after written notice
by the governing body upon recommendation by the Engineer. Upon failure
of the subdivider or developer to complete the road within the time
limit in accordance with the specifications of the Township, then
the Township shall complete the road at the subdivider's or developer's
expense.
A.
Complete application.
(1)
The
following items and information as indicated on the checklist must
be submitted to the administrative officer before an application can
be deemed complete:
(a)
Two complete application
forms (once the application has been deemed complete the applicant
shall submit 18 additional copies of the application).
(b)
Two copies of the plat
(an additional 18 copies will be required once the application has
been deemed complete).
(c)
Payment of the administrative
and escrow review deposits.
(d)
Proof of payment of taxes
signed by the Tax Collector.
(f)
Is submission within three
years of resolution of preliminary approval?
(g)
Have block and lot numbers
been approved by the Township Tax Assessor?
(h)
Affidavit of no change
of final plat from preliminary plat (or affidavit with changes listed
in detail) signed by the applicant's engineer and the Township Engineer.
(i)
Letter from Health Department
or Department of Public Works approving the facilities for water and
sewerage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(j)
Furnishing of tracings. A letter from the applicant agreeing to furnish the items listed in § 316-10G of this chapter.
(k)
Letter from the applicant
agreeing to furnish six copies of as-builts for site grading, topography,
utility plan and profiles of roads and utilities as finally constructed
or installed.
(l)
Submittal of all deeds,
free and clear of all encumbrances, for all streets, public easements,
drainage easements and other lands dedicated to public use.
(m)
Water supplier. A letter
from the water supplier stating that the water system, as proposed,
is adequate for the development and all future extensions thereof
and that the development and all future extensions thereof can be
assured of an adequate supply of potable water.
(n)
Certification that the
applicant is the owner of the land or his properly authorized agent
or that the owner has given consent under an option agreement.
(2)
Each
submission shall be drawn at an appropriate scale not less than one
inch equal to 100 feet and shall be submitted on one of the two following
standard sheet sizes: 24 inches by 36 inches or 30 inches by 42 inches.
In addition the following information must be contained in the plans
presented with the application in order for the application to be
deemed complete:
(a)
Sewers; mains. Plans, profiles, and construction details of storm
and sanitary sewers and water mains approved by the Township Engineer.
(b)
Monuments. The location and description of all monuments.
(c)
Cross sections and profiles of streets, curbs or gutters, catch basins
and storm sewers and all utilities proposed, showing grades and approved
by the Township Engineer.
(d)
Identity. The date, name and location of the subdivision, the name
of the owner, and a graphic and written scale.
(e)
The tract boundary lines, the right-of-way lines of streets, street
names, 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, or deflection angles of all curves, and square feet of all
lot areas of all lots within the subdivision.
(f)
Public use. The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of a site
other than residential shall be noted.
(g)
Setback lines. The minimum principal building setback lines for all
lots and other sites.
(h)
Contours shall be at two-foot intervals for slopes less than 10%
and may be at five feet for slopes greater than 10%.
(i)
Streams. Plans, profiles and cross sections of all streams, ditches
and watercourses.
B.
Time limitation. The Planning
Board shall act within 45 days of submission of the plat or within
such further time as may be mutually agreed upon. The action of the
Board shall be noted on the plat and signed by the Chair and Secretary
of the Board.
C.
Failure to act. Failure of the
Board to act within the allotted time or a mutually agreed upon extension
shall be deemed to be favorable approval, and the Township Clerk shall
issue a certificate to that effect upon request of the applicant.
D.
Distribution. Copies of the final
plat shall be distributed, if necessary, by the Board to the following
for review and comment:
(1)
The Shade Tree Commission:
two copies.
(2)
The Township Engineer: two
copies.
(3)
The Bureau of Fire Safety:
one copy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
The Environmental Commission:
one copy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
The Board of Health: one
copy.
(6)
The Construction Official:
one copy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
The Tax Assessor: one copy.
(8)
Others as necessary.
E.
Review. No action shall be taken
until such time as the above officials review said plat or 30 days
has elapsed from date of referral.
F.
Planning Board action.
(1)
The Planning Board, after
hearing, may approve or disapprove the plat. If the Planning Board
disapproves the plat, the findings and reasons for such disapproval
shall be stated in the minutes of the Board, and the applicant shall
be given a copy.
(2)
If the Board requires any
substantial amendment in the layout or improvements proposed by the
subdivider that have been the subject of a hearing, an amended plat
must be submitted and proceeded upon as in the case of the original
plat.
(3)
If the amended plat is not
submitted in accordance with Planning Board bylaws, the applicant
shall be required to resubmit a new application and fees.
G.
Filing. The final plat, after
final approval, shall be filed by the subdivider with the county recording
officer within 95 days from the date of such approval. If any final
plat is not filed within that period, the approval shall expire. For
good cause shown, the Planning Board may extend the time for the filing
of the plat for an additional period not to exceed 190 days from the
date of signing of the plat. After filing with the county recording
officer, copies shall also be filed with the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
