A.
Filing an application. All applications for minor
subdivision shall be filed with the administrative officer or designee.
B.
Distribution. At least 10 days prior to the regularly
scheduled monthly meeting of the board for which an application is
scheduled, the administrative officer or designee shall distribute
copies of the minor subdivision plat and the application in the following
manner:
(1)
Township files.
(2)
Board Chairman.
(3)
Township Engineer.
(4)
Township Planner.
(5)
Township Health Department.
(6)
Construction Official.
(7)
Fire Subcode Officer.
(8)
Environmental Commission.
(9)
Subdivision Committee Chairman.
(10)
Board Attorney.
(11)
MUA.
(12)
Tax Assessor.
(13)
Police Department.
(14)
At the direction of the Board, additional copies of
the maps and application may be forwarded to other Township, county
or state officials.
No plat shall be classified as a minor subdivision
unless drawn by the appropriate professional per N.J.A.C. 13:40-7
et seq. No plat involving any corner lot shall be classified as a
minor subdivision unless a sight triangle easement is granted as specified
in this Land Development Ordinance. If possible, the entire tract
shall be shown on one sheet, and such plat shall show or include the
following information:
A.
Procedural requirements. All applications for minor
subdivisions shall include the following support documents and information:
(1)
Thirteen map copies folded and collated.
(2)
Health Department approval.
(3)
Escrow agreement form.
(4)
Minor subdivision application form.
(6)
Affidavit of ownership, if applicant is not owner
of the property in question.
(7)
Completed minor subdivision checklist.
(8)
An environmental and community impact statement as may be required in accordance with § 470-15, Environmental and community impact statement, herein.
(9)
Completed checklist waiver request form.
(10)
Proof of submission to the County Planning Board.
B.
Map requirements. All applications for minor subdivisions
shall include maps and/or exhibits depicting the following information:
(1)
Indicate "Township of West Milford" and "County of
Passaic" in the title block.
(2)
Name and address of subdivider or developer.
(3)
Name and address of owner or owners of record.
(4)
Scale, both written and graphic.
(5)
North arrow.
(6)
Key map at a scale of one inch equals 1,200 feet with
North arrow.
(7)
Names and addresses of all property owners within
200 feet of subject property.
(8)
Date of original preparation and revisions, if any.
(9)
Existing block and lot numbers and proposed block
and lot numbers as provided by the Township Tax Assessor.
(10)
Location of existing streets and rights-of way
surrounding the property with edge of pavements depicted.
(11)
Location of existing structures within 200 feet
of subject property.
(12)
Location of existing and proposed structures
and their setbacks from existing and proposed property lines.
(13)
Indications of whether existing buildings are
to remain or be removed.
(14)
Zoning district boundaries affecting the tract.
(15)
Zone analysis for all lots, existing and proposed.
(A chart showing correct bulk requirements, per ordinance, for the
zone and proposed bulk dimensions for the subject property.)
(16)
Location of existing wells and septic systems.
(17)
Location of proposed wells and septic disposal
fields.
(18)
Driveways, existing and proposed.
(19)
All natural features in accordance with § 500-71, Natural features, of this Land Development Ordinance.
(21)
Locations of bridges and culverts, existing
and proposed, on the site and within 200 feet of the site.
(22)
Location and width of existing and proposed
utility easements on the tract and within 200 feet of the site.
(24)
Proposed grading plan.
(25)
Limit of areas to be disturbed by grading or
construction.
(26)
Plans and calculations for any storm drainage
system.
(27)
Perc test location(s) and results.
(28)
Location and description of monuments, whether
set or to be set.
(29)
Proposed sight easements where required.
(30)
Proposed drainage easements where required.
(31)
Locations of existing easements or rights-of
way.
(32)
Proposed street and driveway profiles where
the natural slope exceeds 10%.
(33)
List of design waivers, if any.
A.
An application for development shall be complete for
purposes of commencing the applicable time period for action by a
municipal agency when so certified by the municipal agency or its
authorized committee or designee. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless:
(1)
The application lacks information indicated on a checklist
adopted by ordinance and provided to the applicant; and
(2)
The municipal agency or its authorized committee or
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the agency or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The municipal agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying document,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency.[2]
B.
Any proposed subdivision or development determined
by the Board to be creating, imposing, aggravating, or leading to
the possibility of an adverse effect upon either the subject property
or upon any adjacent properties may be required to be revised to remove
such adverse effect prior to further review, classification, or approval
by the Board or, where the remaining portion of the original tract
is of sufficient size to be subdivided or developed further, the applicant
may be required to submit a sketch of the entire remaining portion
of the tract to indicate a feasible plan whereby the proposed subdivision
or development, together with subsequent subdivisions or developments,
may be submitted that will not create, impose, or aggravate, or lead
to any such adverse effect.
C.
The Board shall act on the proposed plat within 45
days of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure of the Board to act within the prescribed time
period shall constitute minor subdivision approval. If approved, all
prints of the plat shall be signed by the Chairman and Secretary of
the Board, or the Acting Chairman or Secretary where either or both
may be absent, and returned to the subdivider within one week thereof.
No further approval of the subdivision shall be required. In the event
the same is disapproved by the Board, the Secretary of the Board shall,
within three days of such action, notify the subdivider of such disapproval
and reasons therefor. In acting on the application, the Township shall
consider a report received, in writing, from the Passaic County Planning
Board within 30 days after their receipt of the plat. If a reply is
not received from the Passaic County Planning Board within 30 days,
the minor plat shall be deemed to have been approved by it.
D.
Within 190 days from the date of approval by the Board
of a minor subdivision, a plat map drawn in compliance with the Map
Filing Act, N.J.S.A. 46:23-9.9 et seq., or deed description shall
be filed by the subdivider with the county recording officer. Unless
filed within the 190 days, the approval shall expire and Board approval
will be required, as in the first instance.
[1]
Editor's Note: For current statutory provisions
related to minor subdivision approval, see N.J.S.A. 40:55D-47.
