Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[Amended 1-31-1977 by Ord. No. 77-35]
A. 
Where the applicant has complied with the provisions of this chapter and conditions of preliminary approval, the applicant desiring final plat approval shall submit to the administrative officer, at least one week but not more than two weeks prior to the Planning Board meeting at which consideration is desired, an original, on linen or Mylar, and 15 copies of a completed application form and shall pay the appropriate fee to the administrative officer. A fee of $75 for a subdivision containing 25 lots or less and $100 for a subdivision having more than 25 lots shall be paid to the administrative officer. The administrative officer shall immediately notify the Planning Board upon receipt of an application for final approval.
B. 
The Planning Board shall hold a public hearing on the application for approval of major subdivisions, the date thereof to be set by the Secretary of the Planning Board. Notice of a public hearing shall be caused to be given in the official newspaper and to owners of real property within 200 feet of the subject property and a public hearing held in accordance with Chapter 38, Land Use Procedures.
C. 
Copies of the plat presented to the Planning Board for final approval shall be forwarded by the Secretary of the Planning Board at least five days prior to the hearing to the following persons:
(1) 
Township Engineer.
(2) 
Police Chief.
(3) 
Building Inspector.
(4) 
Township Manager.
(5) 
Secretary of the Advisory Shade Tree Committee.
(6) 
Director of Fire Prevention Bureau.
(7) 
Such other municipal, county or state officials as directed by the Planning Board.
(8) 
Two copies of the plat and a notice of the hearing thereon shall be transmitted by the Secretary of the Planning Board, prior to the hearing, to the Planning Board or, if there is none, then to the governing body of every municipality, any part of the boundary of which lies within 200 feet of any part of the subdivision.
D. 
Final approval shall be granted or denied within 45 days after 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 final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Municipal 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.
E. 
Township Engineer's endorsement of approval on plat. Before final approval of the plat, the Planning Board shall require an endorsement on the plat by the Township Engineer approving the design and location of all utilities. No such endorsement of approval shall be made by the Township Engineer until he is in receipt of a map showing all utilities in exact location and elevation identifying those portions already installed, nor until the subdivider has complied with one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations and Township specifications.
(2) 
Furnished performance guaranties in accordance with the requirements of § 234-22.
F. 
Final approval of a major subdivision shall expire 95 days from the date of signing 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 may for good cause extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate of failure to act has been issued. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the guaranties required by the Planning Board based upon this chapter. If the county recording officer records any plat without such approval, such recording shall be deemed null and void; and, upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the Planning Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
G. 
Effect of final approval of major subdivision. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval and has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
H. 
Incorporation of modifications; variances.
(1) 
Unless the subdivision is approved without change, the final plat for recording will have incorporated all changes or modifications required by the Planning Board. If the Planning Board requires any substantial amendment in the layout of 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.
(2) 
If the Planning Board disapproves any plat, the findings and reasons for such disapproval shall be stated upon the records of the Planning Board, and the applicant shall be given a copy. If the final plat is approved and, as approved, such plat shall contain a lot or lots which fail to comply with the minimum dimension and area requirements of Chapter 268, Zoning, of the Code of the Township of Cedar Grove, the Planning Board shall then consider the granting of the variance by following the procedure outlined in zoning for the granting of variances and pursuant to the ancillary powers of the Planning Board established in N.J.S.A. 40:55D-60.
I. 
Township Clerk's certification. The Township Clerk may be called upon to certify to the Planning Board that deeds and conveyances for all property which is to be given for public purposes, such as park areas, streets, easements and the like, are being held in escrow so that they may be transferred to the Township at such time as the signatures authorizing final approval are placed on the final plat plan.
A. 
The map or plat of all or a portion of the subdivision which is presented to the Planning Board for final approval shall be clearly and legibly drawn or reproduced on tracing cloth at a scale of not less than one inch equals 100 feet. All levels shall be based on North American Datum. A bench mark for levels shall be noted on the plat. All plats shall be designed and drawn by a New Jersey licensed land surveyor; except that, where improvements to the land other than monuments are to be installed, such improvements shall be designed by a New Jersey licensed engineer.
B. 
The plat described in Subsection A of this section shall be designed in compliance with the requirements and standards established by the provisions of Article VI and all applicable state statutes and shall show or be accompanied by the following information:
(1) 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
(2) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(3) 
The purpose of any easement shall be designated, and the proposed use of sites other than residential shall be noted.
(4) 
Each block shall be numbered, and the lots within each block shall be numbered consecutively and in accordance with the Tax Map.
(5) 
House numbers as designated by the Township Engineer.
(6) 
Minimum building setback line on all lots and other sites.
(7) 
Location and description of all monuments.
(8) 
Names of owners of adjoining land.
(9) 
Certification by an engineer or surveyor as to the accuracy of the details of the plat.
(10) 
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(11) 
When approval of a plat is required by any officer or body of another governmental jurisdiction, such as the county or state, then such approval shall be certified on the plat.
(12) 
Cross-sections and profiles of streets approved by the Township Engineer shall accompany the final map.
(13) 
Plans and profiles of storm and sanitary sewers and water mains.
(14) 
Certificate from the Township Tax Collector that all taxes are paid to date.
(15) 
A key map showing the entire subdivision and its relation to surrounding areas.
[Added 1-31-1977 by Ord. No. 77-35]
(16) 
The tract name, zone, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
[Added 1-31-1977 by Ord. No. 77-35]
(a) 
Name and address of the record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of the person who prepared the map.
(17) 
Acreage of the tract to be subdivided to the nearest tenth of an acre.
[Added 1-31-1977 by Ord. No. 77-35]
(18) 
Contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope.
[Added 1-31-1977 by Ord. No. 77-35]
(19) 
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations.
[Added 1-31-1977 by Ord. No. 77-35]
(20) 
Plan of proposed utility layouts (sewers, storm drains, water) showing feasible connections to existing or any proposed utility systems. Water mains shall be installed in a gridiron system to provide continuous circulation. No dead-end lines shall be permitted. The Township Engineer will be required to certify to the Planning Board that water main sizes and water pressures are adequate to handle the demand of the new subdivision area before permission will be given to connect to the municipal supply. He will also certify that the surrounding storm drains and sanitary sewers are adequate to handle peak-flow demands of the new area to be developed. The Township Engineer will further certify to the Planning Board that utility lines are large enough to adequately service the fully developed neighboring areas which might arise in the future. When an individual water supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the plat. On any plat of more than four residential lots, no lot of less than 15,000 square feet in area, or more if so specified by the Township Department of Health, shall be approved by the Planning Board if inaccessible to sewers, unless the subdivider enters into contract and bond with the Township to make the necessary sewer connections, extend the necessary sewers to existing sewers and, if necessary due to topographic conditions, install force mains. Any subdivision or part thereof which does not meet with the established requirements shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.
[Added 1-31-1977 by Ord. No. 77-35]
(21) 
Type of proposed residential structure, including the area of livable floor space.
[Added 1-31-1977 by Ord. No. 77-35]
(22) 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the discussion plat.
[Added 1-31-1977 by Ord. No. 77-35]
[Amended 11-4-1974 by Ord. No. 74-24; 1-31-1977 by Ord. No. 77-35]
A. 
Whenever an application for approval of a subdivision plat includes a request for relief pursuant to the Planning Board's power to hear certain variance applications as prescribed by ordinance and otherwise provided by law, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application to the Planning Board 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 approval of the application, and a certificate of the Board Secretary as to the failure of the Planning Board to act shall be issued on 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 purposes of filing subdivision plats.
B. 
Whenever an application for development is made to the Board of Adjustment, accompanied by an application for subdivision approval pursuant to N.J.S.A. 40:55D-76 and Chapter 38, Land Use Procedures, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer 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 of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary of the Board of Adjustment as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement of other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
C. 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Municipal Board of Adjustment 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 or by its failure to report thereon within the required time.
D. 
An application under this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Amended 1-31-1977 by Ord. No. 77-35]
A. 
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.
B. 
The Planning Board shall have the power to review and approve or deny conditional uses or 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 subdivision, 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.
[Amended 1-31-1977 by Ord. No. 77-35]
The ancillary powers of the Planning Board and the Zoning Board of Adjustment to grant relief to an applicant, which relief is generally within the powers of the other Board, as are incident to the primary relief sought in the application, shall be as set forth in Chapter 38, Land Use Procedures, of the Code of the Township of Cedar Grove.
[Amended 1-31-1977 by Ord. No. 77-35]
Any maps or documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours, in the offices of the Building Inspector and Secretary to the municipal agency exercising jurisdiction. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.