[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:
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]
(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.
