Subdividers are urged to prepare sketch plans
for review with the Planning Board. Such sketch plans shall be considered
for informal discussion and shall not constitute official submission.
Based on the data on the plan and information received during the
discussion, the Planning Board will advise the subdivider of the extent
to which the proposed subdivision conforms to these regulations and
suggest any modifications which are deemed advisable or necessary
to secure conformance with these regulations where applicable.
A.
An applicant may submit a plan as either a minor subdivision
plan, a major subdivision plan or an industrial subdivision plan.
B.
Applications shall be submitted to the administrative
officer, who shall determine if the application is complete within
45 days of the date of submission. Applicants with incomplete applications
shall be so notified, setting forth the deficiencies, in writing,
within 45 days of actual submission.
C.
After an application has been determined to be complete,
the Planning Board shall review the application and by majority vote
shall classify the application plans as either minor, major or industrial.
A notation to that effect shall be made on the application.
Each application for subdivision approval, where
required pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.),
shall be submitted by the applicant to the County Planning Board for
review and approval, and the Township Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
A.
The applicant shall submit seven copies of the complete
application, together with all applicable fees.
B.
The Secretary of the Planning Board shall distribute
copies to Planning Board members, and the applicant shall make application
to the County Planning Board.
C.
The Planning Board, by majority vote, shall waive notice and public hearing if it finds that the application for development conforms to the definition of "minor subdivision" in § 220-4.
D.
Minor subdivision approval shall be deemed to be final
approval of the subdivision by the Board, provided that the Board
may condition such approval on terms ensuring the provisions of improvements
pursuant to this chapter.
E.
Minor subdivision approval shall be granted or denied
within 45 days of the date 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 Planning Board to act
within the period prescribed shall constitute minor subdivision approval,
and a certificate of the Secretary of the Planning Board as to the
failure of the Planning Board to act shall be issued upon request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required and shall
be so accepted by the county recording officer for the purpose of
filing subdivision plats.
F.
Approval of a minor subdivision shall expire 190 days
from the date of Township approval unless within such period the developer
files a plan or deed, as specified below, with the county recording
officer, the Planning Board engineer and the Municipal Tax Assessor.
The Chairperson and Secretary of the Planning Board shall have signed
any such plat or deed accepted for such filing.[1]
(1)
Filing by plan. All minor subdivisions to be filed
by plan must conform to all of the requirements of the Map Filing
Law, P.L. 1960, c. 141.
(2)
Filing by deed. All minor subdivisions to be filed
by deed must conform to local ordinances and include the following
requirements:
(a)
A survey prepared by a New Jersey licensed land
surveyor at a scale not less than one inch equals 100 feet.
(b)
A location map at a scale not less than one
inch equals 2,000 feet, showing all road intersections within 500
feet or the nearest intersection, whichever is the most distant.
(c)
All structures and wooded areas within the tract
and on adjoining properties within 100 feet.
(d)
All lot lines and names of owners of lots adjoining
the tract. If any variance is required, include information for all
lots within 200 feet of the tract.
(e)
Streets, easements, watercourses and rights-of-way,
both existing and proposed, within the tract.
(f)
Utilities and drainage, both existing and proposed,
within the tract (if applicable).
(g)
Any extension of off-tract improvements necessitated
by the proposed development (if applicable).
(h)
A general indication of drainage flow by the
use of arrows.
(i)
Location, type and number of existing and proposed
driveways.
(j)
The Tax Map sheet, block and lot numbers.
(k)
Route numbers of all county and state roads.
(l)
Existing zoning of the tract and the bulk requirements.
(m)
The area of the federal Flood Hazard Zone, if
applicable, or a notation that it is not applicable.
(n)
A statement of the proposed use of the site.
(o)
Name and address of the record owner(s) of the
lands to be subdivided.
(p)
Floodplain, wetland, wetland buffer delineations,
and conservation easement alignments, as approved by NJDEP, or a statement
that these are not applicable. If applicable, these are to be shown
on the plan by metes and bounds and included in the deed(s) by metes
and bounds.
(q)
Monuments shall be shown on the plan and installed
at each intersection of an outside boundary of the newly created lots
with the right-of-way line of any side of any existing street. Monuments
shall also been shown on the plan and installed along conservation
easements, at intersections with the tract boundary, lot lines, and
at any change of bearing.
G.
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 of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided herein.
H.
Performance guarantee.[2]
(1)
Before the recording of minor subdivision plans or deeds, the Planning Board shall require the posting of adequate guarantees in keeping with the approved estimate of improvement costs and in accordance with the provisions of Article X, Improvements.
(2)
Such performance guarantee shall have been reviewed
and have the approval of the Township Solicitor as to both form and
amount.
(3)
In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required for such utilities or improvements.
(4)
The performance guarantee shall remain in effect and
be valid until all the required improvements are completed. If letters
of credit are used, the bank shall notify the Township two months
before such letters of credit expire, and if the letters of credit
are not renewed 30 days before the expiration date, the Township shall
have the right to draw upon the performance guarantee.
A.
Submission of application. The applicant shall submit
12 blueprint copies of the complete application, together with all
applicable fees.
B.
Distribution of application. The Secretary of the Planning Board shall distribute copies as specified in § 220-8B.
C.
Time for decision.
(1)
Upon the submission of a completed application for
a subdivision of 10 or fewer lots, other than a minor subdivision
as defined in this chapter, the Planning Board shall grant or deny
preliminary approval within 45 days of the date of submission or within
such further time as may be consented to by the developer.
(2)
If the application for subdivision approval also involves
an application for relief pursuant to N.J.S.A. 40:55D-70c, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of submission of a completed application, or within such further
time as may be consented to by the applicant. Whenever relief is requested
pursuant to this subsection, notice of a hearing on the application
for development shall include reference to the request for a variance
or direction for issuance of a permit, as the case may be.
(3)
Upon the submission of a completed application for
a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission,
or within such further time as may be consented to by the developer.
(4)
Failure of the Planning Board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the application. A certificate of the administrative
officer as to the failure of the Planning Board to act shall be furnished
upon request of the applicant.
D.
Public hearing. A public hearing in accordance with
N.J.S.A. 40:55D-10 and 40:55D-11 shall be held on all applications
for preliminary approval. The date set for the hearing shall be given
to the applicant after consultation with the Planning Board.
E.
Plan amendments. If the Planning Board requires any
substantial amendment in the layout of improvements proposed by the
developer that have been the subject of a hearing, an amended application
for development shall be submitted and proceeded upon, as in the case
of the original application for development. Documents and plans not
needing revision need not be resubmitted, except if required by the
Planning Board. The Planning Board, if the proposed development complies
with this chapter, shall grant preliminary subdivision approval.
F.
Professional review. The Planning Board engineer and
Township Planner shall forward to the Secretary of the Planning Board
a written review report, together with any recommendations for improvement
or modification.
G.
Disapproval of preliminary plat. If the preliminary
plat is disapproved, one copy of the plat shall be returned to the
applicant, together with a copy of the resolution explaining the reasons
for denial. The applicant may resubmit a major subdivision for preliminary
approval as a new application in accordance with the requirements
of this chapter, including the payment of additional fees, after modifying
the application to conform with the requirements of the disapproval
letter.
H.
Approval of preliminary plat. If the Planning Board
acts favorably on a preliminary plat, the plat shall be revised by
the applicant to reflect all conditions of approval. Six copies of
the revised plat and landscape plan shall be submitted to the Planning
Board engineer, who shall review the revised plat for compliance with
all conditions. The plat, if acceptable, shall be certified by the
Planning Board engineer as conforming to the approval resolution,
and (s)he shall submit one copy each to the Planning Board Secretary
and Construction Official and two copies to the applicant and shall
retain two copies.
I.
Display of preliminary plat. After Township approval
of the preliminary plan has been granted, it shall be the obligation
of the applicant to visually display a completely corrected copy of
the approved preliminary plan in all sales offices. The preliminary
plan shall be prominently displayed where it will be readily noticeable
to prospective home buyers so they can determine the relationship
of home sites, public facilities and commercial-industrial zones.
J.
Preliminary major subdivision approval shall expire
and be of no further effect unless a complete application for final
approval for such subdivision has been submitted to the Washington
Township Planning Board or Zoning Board within a three-year period
from the date of which the resolution of preliminary approval was
adopted or prior to the expiration of any extensions granted by the
Planning Board or Zoning Board on such preliminary approval for additional
periods of time as permitted by law.
[Added 10-27-2004 by Ord. No. 21-2004]
A.
Submission of application. The applicant shall submit
six blueprints of the complete application, together with all applicable
fees.
B.
Distribution of application. The Secretary of the
Planning Board shall distribute copies to the Planning Board, Planning
Board engineer and Township Planner.
C.
Professional review. The Planning Board engineer and
Township Planner shall forward to the Secretary of the Planning Board
a written report as to the compliance of the final plat with all requirements
of this chapter.
D.
Time for decision.
(1)
The reviewing board shall grant final approval if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and the
standards prescribed by the Map Filing Law, P.L. 1960, c. 141.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute final approval
of the application for final approval as submitted, and a certificate
of the Secretary of the Planning Board as to the failure of the Planning
Board to act shall be issued upon request of the applicant, and it
shall be sufficient in lieu of the written endorsement or other required
evidence of approval.
E.
Disapproval of final plat. If the final plat is disapproved,
one copy of the plat shall be returned to the applicant, together
with a letter from the Planning Board Secretary explaining the reason
for denial. The applicant may resubmit a major subdivision for final
approval as a new application in accordance with the requirements
of this chapter, including the payment of additional fees, after modifying
the application to conform with the requirements of the disapproval
letter.
F.
Approval of final plat and bonding estimate. If the
Planning Board acts favorably on a final plat, the plan shall be revised
by the applicant to reflect all conditions of approval. Twelve blueprints,
one original tracing, one Mylar and two linens of the reviewed plat
shall be submitted to the Planning Board engineer, who shall review
the revised plat for compliance with all conditions. The applicant
shall also prepare and submit to the Planning Board engineer an estimate
of improvement costs for bonding purposes. The plat, if accepted,
shall be signed and approved by the Planning Board and Township Engineer,
and two copies of the final plat shall be sent to the applicant. Two
copies and the reproducibles shall be sent to the Planning Board Secretary.
G.
Performance guarantee.
(1)
Before recording of final subdivision plats, the Planning Board shall require the posting of adequate performance guarantees in keeping with the approved estimate of improvement costs and in accordance with the provisions of Article X, Improvements.
(2)
Such performance guarantee shall have been reviewed
and have the approval of the Township Solicitor as to both form and
amount.
(3)
In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required for such utilities or improvements.
(4)
The performance guarantee shall remain in effect and
be valid until all the required improvements are completed. If letters
of credit are used, the bank shall notify the Township two months
before such letters of credit expire, and if the letters of credit
are not renewed 30 days before the expiration date, the Township shall
have the right to draw upon the performance guarantee.
H.
Filing of final plats.
(1)
Final approval of a major subdivision shall expire
95 days from the date of final approval 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, for good cause shown,
may extend the period for recording for an additional period not to
exceed 190 days from the date of final approval of the plat.
(2)
Final approval of a major subdivision shall be evidenced
by affixing to the plat the signature of the Chairperson and Secretary
of the Planning Board or a copy of the certificate of the Secretary
of the Planning Board indicating that the Planning Board failed to
reach a decision on the subdivision application within the specified
time. The signatures of the Chairperson and Secretary shall not be
affixed until the developer has posted the guarantees required pursuant
to this chapter. The plan shall be dated with the date when the Board
took action and not the date when the plans were signed. The applicant's
time period for filing the final plat shall commence with the date
when action was taken by the Board, which date shall be deemed the
date of final approval.
A.
Phases of review. All industrial subdivisions shall comply with § 220-6 dealing with classification, § 220-9 dealing with preliminary plat approval and § 220-10 dealing with final approval as to its initial application. Such initial application should show the perimeter of the tract, improvements to be made and all design specifications, and, in addition, the plat should also indicate the type of industry and if there is any noise, smell, dust, tar or other deleterious product or byproducts and how the public would be protected therefrom.
B.
Standards of review. Rearrangement or creation of
an interior lot line, additional improvements or relocation of initial
improvements and any other matter pertaining to development of the
tract within the perimeter boundaries shall be handled by the same
procedure as minor subdivisions are handled, regardless of the number
of lots involved or the number of subdivisions that the applicant
makes, provided that each interior subdivision meets the following
criteria:
(1)
Does not involve the extension of any Township facilities
outside the development.
(2)
Does not have access on any major street.
(3)
Does not, in the opinion of the Planning Board, adversely
affect the development of the remainder of the parcel.
(4)
Does not, in the opinion of the Planning Board, adversely
affect adjoining property.
(5)
Does not adversely affect the present or future development
of the Township.
The Planning Board, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of this chapter,
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
The Planning Board shall have the power to review
and approve or deny conditional uses and site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it is for subdivisions,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application, or if it is shown that taxes or
assessments are delinquent on such property, any approvals or other
relief granted by the Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of adequate provision
for the payment thereof in such manner that the Township will be adequately
protected.
