[Amended 9-11-1978]
A.
Any owner of land within the Borough of Andover may,
prior to subdividing or resubdividing land where such subdivision
is desired to qualify as a minor subdivision, submit an application
for minor subdivision approval to the Secretary of the Planning Board
in accordance with the Land Use Procedures Ordinance of the Borough
of Andover,[1] accompanied by fees and deposits as specified hereunder.
B.
If approved as a complete application for a minor
subdivision by unanimous action of the subdivision committee, a notation
to that effect will be made on the minor subdivision map and the subdivision
committee shall report its action at the next meeting of the Planning
Board. The final minor subdivision plat shall be submitted by the
subdivider to the Sussex County Planning Board for its consideration,
simultaneously with its submission to the Borough of Andover Planning
Board. If within 30 days after receiving said plat, the Sussex County
Planning Board does not respond to the Secretary of the Borough of
Andover Planning Board, said plat shall be deemed to have been approved
by said County Planning Board. Ten copies of a final minor subdivision
plat will then be forwarded by the applicant to the Chairman and the
Secretary of the Planning Board for their signatures, and three signed
copies shall be returned to the applicant within one week following
the next regular meeting of the Planning Board. The plat also shall
be signed by the Borough Engineer which shall evidence compliance
with all approved design and improvement standards. No further Planning
Board approval shall be required.
D.
Either a deed or plat shall be filed with the County Recording Officer in accordance with the provisions of § 18-8A of the Land Use Procedures Ordinance of the Borough of Andover.
E.
If a plat is not approved as a minor subdivision,
a notation to that effect shall be made on the plat which will be
returned to the subdivider for compliance with the procedure of this
chapter.
[Amended 11-13-1972; 9-11-1978]
A.
Prior to submission of an application for preliminary
major subdivision approval, the developer may submit to the Planning
Board a tentative plat and such site data as may be available. The
tentative plat will not be considered as a formal application, but
rather will serve as a basis for discussion so that the Planning Board
may provide informal guidance to the developer in the preparation
of his application for preliminary approval.
B.
Any owner of land who desires major subdivision approval
shall submit his application and maps and other required information
in accordance with the requirements of this chapter and the Land Use
Procedures Ordinance of the Borough of Andover,[1] together with the required fees. Said applications and
plats shall be forwarded to the Subdivision Committee and the Municipal
Engineer for review. If the Subdivision Committee finds that the application
for development is incomplete, the developer shall be notified thereof
within 45 days of submission of such application or it shall be deemed
to be properly submitted. If the applicant is not the record owner
of the title to the property being subdivided, he shall file a written
consent signed by the owner consenting to the making of the application.
The Secretary of the Planning Board shall forward one copy thereof
to the Municipal Clerk. The developer shall file three copies with
the County Planning Board. The County Planning Board shall have 30
days to review and respond. In the absence of a response within 30
days, the County Planning Board shall be deemed to have approved the
plat.
C.
The applicant shall notify all persons entitled to
notice of the hearing on the application in accordance with the provisions
of the Land Use Procedures Ordinance of the Borough of Andover and
N.J.S.A. 40:55D-12. If the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have already been the subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development including the giving of notice in accordance
with the provisions of N.J.S.A. 40:55D-12.
D.
Distribution of copies.
(1)
Copies of the preliminary plat shall be forwarded
by the Secretary of the Planning Board prior to the hearing to the
following persons:
(2)
If the preliminary plat lies within 200 feet of another
municipal boundary, a copy of the plat shall be sent by the Planning
Board Secretary to the Secretary of the Planning Board of the adjoining
community. A written statement shall be requested from the adjoining
community indicating whether the proposed subdivision of the Borough
of Andover is in reasonable harmony with its plan for development.
The Secretary of the Planning Board of the adjoining community should
be informed of the date of the public hearing and any communications
received prior to this date will be considered in relation to the
approval or disapproval of the plat.
E.
After the public hearing, the Planning Board shall
take formal action either approving or disapproving the preliminary
plat within the time required by N.J.S.A. 40:55D-48; for a subdivision
of 10 or fewer lots the Planning Board shall grant or deny preliminary
approval within 45 days of the date of the submission and in the case
of a subdivision of more than 10 lots it 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. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
to the subdivision. If the plat is disapproved, the reasons for disapproval
shall be given to the subdivider.
G.
If the Planning Board acts favorably on a preliminary
plat, the Chairman of the Planning Board shall affix his signature
to the plat with a notation that it has received tentative approval
and returned to the subdivider for compliance with final approval
requirements.
H.
A copy of the action taken by the Planning Board shall
be forwarded to the Municipal Clerk.
I.
Preliminary approval shall except as hereinafter set
forth confer upon the applicant the following rights for a three-year
period from the date of such approval.
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements,
except that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
That the applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary subdivision plat.
(3)
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary 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 shall govern.
(4)
In the case of a subdivision for an area of 50 acres or more the Planning Board may grant the rights referred to in Subsection I(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Article VI or the Planning Board shall require the posting of adequate performance guarantees to assure the installation of the required improvements.
A.
B.
The original tracing, one translucent cloth copy,
two cloth prints, five black-on-white prints and four copies of the
completed application form shall be submitted to the Secretary at
least five days prior to the date of a regular Planning Board meeting.
The Planning Board shall act upon the final plat within 45 days of
the date of submission of final plat or within such further time as
the applicant may agree.
C.
The final plat shall be accompanied by a statement
by the Borough Engineer that he is in receipt of a map showing all
utilities and identifying those portions already installed and those
to be installed and that the subdivider has complied with one or both
of the following:
D.
Any plat which requires County Planning Board approval
pursuant to N.J.S.A. 40:27-12 shall be forwarded to the County Planning
Board for its action prior to final approval by the Planning Board.[2]
[2]
Editor's Note: N.J.S.A. 40:27-12 was repealed
by Chapter 285 of the Laws of 1968. See now N.J.S.A. 40:55D-37.
E.
If the Planning Board approves the final plat, a notation
to that effect shall be made on each plat and each plat shall be signed
by the Chairman and the Secretary of the Planning Board.
F.
Failure of the Planning Board to act within the allocated
time or a mutually agreed upon extension shall be deemed to be favorable
approval, and the Borough Clerk shall issue a certificate to that
effect.
H.
Within 95 days of final approval, the final plat shall
be filed by the subdivider with the county recording officer in accordance
with the provisions of N.J.S.A. 40:55D-54. For good and sufficient
reasons the Planning Board may extend the time for filing for an additional
period not to exceed 190 days from the date of the signing of the
plat.
[Amended 9-11-1978]
I.
No plat shall be offered for filing to the county
recording officer unless it has been duly approved by the Planning
Board and signed by the Chairman and Secretary thereof.
[Amended 9-11-1978]
[Added 11-13-1972]
A.
Applications.
[Amended 9-11-1978; 6-9-1986 by Ord. No. 224]
(1)
In addition to application fees, subdivision applications shall be accompanied by a deposit to cover the cost of review services provided by the Borough Engineer. Planning Consultant, Borough Attorney, Planning Board Attorney and other Borough personnel, the publication of notices and other required expenses. The Borough Clerk shall place the deposit in a trust account in the name of the applicant and shall charge thereto all disbursements to professional consultants and Borough personnel for review services. The amount of deposit shall be as provided in Chapter 66, Fees. Any unused portion of any such deposit shall be returned to the applicant. If the cost of review services or inspection fees exceed the amount of deposit, sufficient additional funds shall be deposited before any approved plat is returned to the applicant.
(2)
In addition to the fees set forth in Chapter 66, Fees, the subdivider shall also pay all necessary inspection fees in connection with required improvements in his development and shall also reimburse the Borough for the fees and expenses charged by any consulting engineers, planning consultants, or other experts hired by the Planning Board or Borough with respect to such subdivision or development.
B.
All fees, except inspection fees, as provided for in Chapter 66, Fees, shall be payable to the Borough Clerk at the time of filing any application or appeal. Inspection fees shall be payable to the Borough Clerk at the time of final subdivision or site approval or commencement of construction, whichever is sooner. All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees provided in Chapter 66, Fees.
[Amended 6-9-1986 by Ord. No. 224]
C.
All applicants or appellants to the Planning Board
other than a department, board or agency of the Borough shall pay
the applicable fees.
