An application for major subdivision shall be filed with the approving authority, in writing, in duplicate, in forms provided by the approving authority, with the fees required in Article III of this chapter. The applicant may submit with the application a subdivision plat containing the information required in minor subdivision plats (§ 250-17A) for the purpose of obtaining a determination as to whether the subdivision application will be considered a minor subdivision or a major subdivision or for general discussion purposes concerning location of streets, lots and related matters prior to submitting more detailed information, or the applicant may file a preliminary plat as hereinafter provided.
The applicant shall file with the approving
authority 16 copies of the proposed preliminary plat, accurately drawn
to a scale of not less than one inch equals 100 feet, prepared and
certified by a licensed land surveyor, with all design features prepared
by a licensed professional engineer. The preliminary subdivision plat
shall be in conformance with the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.) and shall indicate:
A.
A key map showing the location of the lands to be
subdivided and its relation to surrounding areas within 500 feet from
the boundary of the subdivision, including existing streets.
B.
The name of the subdivision, the name and address
of the record owner, the name, address, license number and seal of
the person preparing the subdivision plat, the current Tax Map sheet,
block and lot numbers, the date of preparation and each revision,
the reference meridian and the graphic scale. In the event that the
owner of the premises is a corporation, the name and address of its
president, secretary and major stockholders shall be submitted with
the application.
C.
The acreage of lands to be subdivided to the nearest
1/10 of an acre and the area of each proposed lot exclusive of street
rights-of-way in square feet.
D.
The existing and proposed contours for the entire
land being subdivided at one-foot intervals for slopes of less than
3%, two-foot intervals for slopes of more than 3% but less than 15%,
and five-foot intervals for slopes of 15% or more. Existing contours
are to be indicated by solid lines.
E.
Tentative lot and block numbers for identification
purposes.
F.
The names and addresses as shown on the municipality's
current tax records of all owners of real property within 200 feet
of the lands being subdivided, together with the tax lot and block
numbers of said properties.
G.
The zoning district in which the land being subdivided
is located, together with any zone boundaries within 200 feet of said
land.
H.
All distances shall be in feet and decimals of a foot,
and all bearings shall be given to the nearest 10 seconds.
I.
The location of existing buildings and all other structures,
including walls, fences, culverts, bridges, catch basins or other
drainage structures, together with physical features such as watercourses,
brooks, drains, dry runs, water holes, poorly drained and swampy areas,
rock outcroppings and outlines of wooded areas. Structures to be removed
shall be indicated by broken lines, and structures to remain shall
be indicated by solid lines. Spot elevations of existing structures
shall be indicated.
J.
Existing public facilities adjacent to lands to be
subdivided, including waterlines, valves and hydrants, sanitary sewer
lines, gas lines, electric lines, road pavement, curbs and sidewalks.
K.
Reference to any existing covenants, deed restrictions,
exceptions or easements, affecting the lands to be subdivided. A copy
of such covenants, deed restrictions, exceptions or easements shall
be submitted with the application.
L.
Survey data showing boundaries of property, building
or setback lines, lines of existing and proposed streets, lots, reservations,
easements and areas dedicated to public use, including grants, restrictions
and rights-of-way.
M.
The distances, measured along the right-of-way lines
of existing streets abutting the property, to the nearest intersections
with other public streets.
N.
All proposed streets, with profiles, indicating grading,
a section through the roads and curbs giving specifications for road,
curb and sidewalks and the location and size of utility lines, all
conforming to municipal standards and specifications.
O.
Existing and proposed sanitary sewer system, with
pipe sizes, grades, direction of flow, location of proposed house
connection, manholes and other appurtenances with invert and other
elevations. Plans, profiles. and specifications of the sanitary sewer
system shall accompany the application.
P.
A complete drainage area contour map showing the size
of the individual drainage area for each proposed catch basin, culvert
or any other drainage structure. This map shall include all pertinent
information within the drainage basin, such as the size and location
of existing catch basins, culverts, manholes and storm drainpipes.
The calculations shall be based upon ten-year design storm for drains
and twenty-five-year design storm for culverts. The plans shall be
accompanied by a plan sketch showing all existing drainage facilities
within 500 feet of any boundary of the lands being subdivided and
the method and calculations utilized for the drainage study.
Q.
The size of drainage areas tributary to existing watercourses
and proof of adequacy of proposed surface drainage facilities without
appreciable detrimental effect upon adjacent property owners.
R.
The proposed location of future buildings, garages
and driveway locations, including elevations of each cellar floor
and finished contours at ground elevation at all four corners of proposed
buildings.
S.
The location of a transit transverse on paper as located
on the lands to be subdivided, with stakes in the ground conspicuously
marked and so arranged as to assist in any field inspection, including
center lines of proposed streets and boundaries.
T.
Such other information or data as may be required by the approving authority or the County Planning Board for determination that the details of the subdivision are in accordance with the standards of this chapter, Chapter 290, Zoning; § 140-20 pertaining to zero increase in stormwater runoff; and all other applicable laws, ordinances or resolutions.
[Amended 8-4-2003 by Ord. No. 16-03]
A.
Preliminary subdivision plat review.
(1)
The applicant shall submit the preliminary subdivision
application and plat maps and payment of all required fees to the
administrative officer, who shall submit copies of the preliminary
plat, or notice that the preliminary plats have been received and
may be reviewed at the approving authority office, to the following:
(a)
Borough Clerk.
(b)
Borough Engineer.
(c)
Police Department.
(d)
Fire Department (Fire Prevention Bureau).
(e)
Board of Health.
(f)
Shade Tree Commission.
(g)
Borough Construction Official.
(h)
Director of Public Works.
(i)
Environmental Commission.
(j)
Such other municipal, county or state officials
or other agencies as may be directed by the Planning Board.
(2)
Said persons, boards and agencies shall make their
recommendations to the approving authority concerning the application,
in writing, within 45 days of the submission of the application. The
approving authority shall consider such recommendations but may proceed
in its consideration of the application in the absence of such recommendations
if the approving authority finds such recommendations are not essential
to its determination.
(3)
If the preliminary plat is found to be incomplete,
the applicant shall be notified thereof within 45 days of the date
of submission, or it shall be deemed to be perfected as to content.
(4)
Where adjustments or changes are required in the plat
submission, the applicant shall be required to modify the plat in
order to qualify it as a perfected application as to content and for
public hearing purposes.
B.
County Planning Board and other governmental agency
approvals.
(1)
Any subdivision application requiring County Planning
Board or other governmental agency approval shall be submitted by
the applicant to the County Planning Board or other governmental agency
for review and approval. The approving authority may condition any
approval that it may grant upon the timely receipt of a favorable
report on the application by the County Planning Board or other governmental
agency or approval by the County Planning Board or other governmental
agency by its failure to report thereon within the time required by
law.
(2)
A preliminary subdivision requiring County Planning
Board approval or other governmental agency approval, which may not
have been received at the time of the public hearing in the municipality,
shall require the public hearing to be continued until such time as
the required reports are received or by the failure to report thereon
within the required time period.
C.
Other requirements.
D.
Public hearings. Upon submission of a perfected application, the administrative officer shall schedule a public hearing for the applicant. The applicant shall meet all of the requirements established in § 250-11A for public hearings.
E.
Time period in which to act.
(1)
Within 45 days of the submission of an application,
the approving authority shall notify the applicant, in writing, if
the application is incomplete and of the deficiencies in the application.
In the event that the approving authority fails to notify the applicant
that the application is incomplete and of the deficiencies in the
application within 45 days of the submission of the application, it
shall be deemed to be properly submitted.
(2)
The approving authority shall grant, condition or
deny preliminary subdivision approval within 45 days of a complete
application for subdivisions of 10 or fewer lots or 95 days for subdivisions
containing more than 10 lots or within such further time as may be
consented to by the applicant.
(3)
Whenever an application for approval of a subdivision
or conditional use includes a request for relief pursuant to N.J.S.A.
40:55D-60, the approving authority shall grant or deny approval of
the application within 95 days after submission by the applicant of
a complete application or within such further time as may be consented
to by the applicant.
(4)
Failure of the approving authority to act within the
time period prescribed shall constitute approval of the application,
and a certificate of the administrative officer as to the failure
of the approving authority 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 as herein required, and it shall be
so accepted by the county recording officer for purposes of filing
subdivision plats.
A.
Except as provided herein, preliminary approval of
a major subdivision shall confer the following rights for a three-year
period from the date of approval to the applicant:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to the 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 Mayor
and Council from modifying by ordinance such general terms and conditions
of preliminary approval as they 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, as the
case may be.
(3)
That the applicant may apply for and the approving
authority 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 standard shall govern beyond the three-year
period.
B.
Extension of time period.
(1)
(2)
The applicant may apply for thereafter and the approving
authority may thereafter grant an extension to preliminary approval
for such additional period of time as shall be determined by the approving
authority to be reasonable, taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under preliminary approval.
(b)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval.
(c)
Economic conditions.
(d)
The comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
shall govern beyond the three-year period.
(3)
Failure to obtain final approval within the prescribed
time limits as herein defined shall void the preliminary plat approval.
