A.
Approval procedure.
(1)
Any owner of land within the Township of Evesham,
prior to subdividing or resubdividing land by way of minor subdivision
as defined in this Code, shall submit to the Secretary of the Board,
at least 20 days prior to the regular meeting of the Board, 16 copies
of the plat of the proposed minor subdivision for the purposes of
classification and preliminary discussion. The applicant shall complete
an application blank on forms designated by the Board, said forms
to be accompanied by the appropriate fee established by the Township
Council, payable to the Township of Evesham.
(2)
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Secretary or within such further time as may be consented to
in writing by the applicant. Failure of the Board to act within the
period prescribed shall constitute minor subdivision approval, and
a certificate of the Secretary as to the failure of the 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 may be so accepted by the Burlington County Clerk for
purposes of filing subdivision plats. If it is determined that the
application does conform to the definition of a minor subdivision
and is complete, the Board shall waive notice and public hearing for
the application.
(3)
Whenever review or approval of the application by
the Burlington County Planning Board is required by Section 5 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.3), the 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.
(4)
Whenever the Board shall grant approval subject to
conditions, a notation shall be made on the plat or deed indicating
that "the approval of the subdivision is subject to conditions as
set forth in the minutes of the Planning Board."
B.
If classified and approved as a minor subdivision
by a majority vote of the Board, a notation to that effect will be
made on the plat. The approved plat shall then be returned to the
subdivider, who shall submit four surveys of the parcel or parcels
to be subdivided, prepared by a New Jersey licensed land surveyor.
C.
In the event of a minor subdivision classification,
the applicant shall pay the fees as set forth in a schedule adopted
by the Township Council, said fees to be used to offset the cost of
professional services and other incidental expenses connected with
processing, reviewing and checking the material submitted.
D.
Before the Secretary of the Board returns any approved
sketch plat to the subdivider, the Secretary shall furnish one copy
to each of the following for their consideration and recommendations:
E.
Approval of a minor subdivision shall expire 190 days
from the date of Township approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly
describing the approved minor subdivision, is filed by the applicant
with the County Clerk, the Township Engineer and the Township Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairman and the Secretary of the Planning Board.
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 in this
section.
H.
Prior to the commencement of any construction, the applicant shall deposit with the Board Secretary or other designated official the required fees for engineering review and inspection of the required improvements in accordance with the procedures set forth in Chapter 94, Land Use Regulations, of this Code. If in connection with a major subdivision the Board or the subdivider should require the services of the Board's or Township's professional personnel prior to the time of submission of the preliminary plat, the subdivider shall deposit with the Board Secretary the requisite fees in accordance with the procedures set forth in Chapter 94 of this Code.
A.
At least 20 days prior to the first regular meeting
of the Board following a determination of completeness, the applicant
shall deliver at least 19 black-on-white prints of the preliminary
plat, together with 19 copies of any other documents required in connection
therewith, to the administrative officer of the Board for a determination
of completeness. The administrative officer of the Board shall immediately
notify the Municipal Clerk of the receipt of a preliminary plat and
shall forward one copy to the Municipal Clerk for public inspection.
At the time of the submission, the subdivider shall pay the fees as
set forth in a schedule adopted by the Township Council, said fees
to be used to offset the cost of professional services and other incidental
expenses connected with processing, reviewing and checking the material
submitted.
B.
The applicant shall give notice of the application at least 10 days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with the provisions set forth in Chapter 15, Land Use Administration, of this Code.
C.
Copies of the preliminary plat shall be forwarded
forthwith by the Secretary of the Board to such municipal or county
bodies or officials as the Board shall designate. The Secretary of
the Board shall forthwith forward to the Evesham Township Recreation
Advisory Committee a copy of the preliminary plat for the Committee's
review and recommendations, which recommendations shall not be binding
upon the Board.
D.
Initial Board action. The administrative officer of
the Board shall first determine that the application is complete.
If the application for development is found to be incomplete, the
developer shall be notified, in writing, of the deficiencies therein
by the Board or the Board's designee for the determination of completeness
within 45 days of submission or it shall be deemed to be properly
submitted. If it is determined that the application is complete:
(1)
If the application is for a subdivision of 10 or fewer
lots, the Board shall grant or deny preliminary approval within 45
days of the date of submission of the complete application or within
such further time as may be consented to, in writing, by the applicant.
(2)
If the application is for a subdivision of more than
10 lots, the Board shall grant or deny preliminary approval within
95 days of the date of submission of the complete application or within
such further time as may be consented to, in writing, by the applicant.
Failure of the Board to act within the period prescribed shall constitute
major subdivision preliminary approval.
(3)
The applicant shall not proceed with installation of the required improvements except as provided in § 135-8 or until a performance guaranty is posted therefor, and no building permits shall be issued unless the required improvements have been completed and accepted or a performance bond posted therefor.
E.
If the Board acts favorably on a preliminary plat,
the Chairman of the Board shall affix his or her signature to the
plat with the notation that it has received preliminary approval,
and it shall be returned to the subdivider for compliance with final
approval requirements. Except as herein stated, the Planning Board
shall be bound by the requirements and regulations of the municipal
body or bodies or county body or bodies having exclusive jurisdiction
over the matter involved in the proposed subdivision and shall not
grant preliminary approval until such requirements or regulations
have been complied with or appropriate arrangements satisfactory to
said municipal or county body have been made for compliance. Not later
than seven days after submission of the preliminary plat, the applicant,
where required pursuant to N.J.S.A. 40:27-6.3, shall submit a copy
of the application and all supporting documentation to the Burlington
County Planning Board for review and approval. The applicant shall
then promptly certify to the Secretary of the Board that such submission
has been properly made. Whenever review or approval of the application
by the Burlington County Planning Board is required by N.J.S.A. 40:27-6.3,
the 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. If the County Planning Board
has approval authority pursuant to N.J.S.A. 40:27-12,[1] its action shall be noted on the plat, and, if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat. If either the Board or County Planning Board disapproves a plat,
the reasons for disapproval shall be remedied prior to further consideration.
If approval is required by any other office or a public body, the
same procedure as applies to submission to and approval by the County
Planning Board shall apply. If the aforementioned municipal or county
body fails or refuses to act within 60 days after submission to it
of said plat, then said failure or refusal to act shall be deemed
an approval of said plat.
[1]
Editor's Note: Repealed by L. 1968, c. 285.
F.
Preliminary approval. Preliminary approval of a major
subdivision shall confer upon the applicant, for a three-year period
from the date of the preliminary approval, the rights which are set
forth in N.J.S.A. 40:55D-49. Prior to the commencement of any construction,
final detailed engineering plan(s) shall be submitted to and approved
by the Township Engineer. The applicant shall deposit with the Board
Secretary a fee for engineering review in such amount as is established
by the Township Council.
Before signing of a final subdivision plat by the necessary Township or Board officials, the subdivider shall have installed the improvements required under Article IV or the subdivider shall have posted an adequate performance guaranty to assure the installation of the required improvements. Said guaranty shall be in a form approved by the Township Attorney. The form and amount of said bond shall be further governed by Chapter 94, Land Use Regulations, of this Code.
A.
The final subdivision plat shall be submitted to the
Secretary of the Board within three years from the date of preliminary
approval, unless extended. Upon its receipt, the Secretary of the
Board shall maintain a copy for public inspection. Final approval
shall be granted or denied within 45 days after submission of a complete
application to the Secretary of the Board or within such further time
as may be consented to in writing by the applicant. At the time of
the submission of said final plat to the Secretary of the Board by
the subdivider, the subdivider shall pay the fees in accordance with
a schedule adopted by the Township Council, such fees to be used to
offset the cost of professional services and other incidental expenses
connected with processing, reviewing and checking the material submitted.
B.
At least 20 days prior to the regular meeting of the
Board at which final subdivision approval shall be sought, the applicant
shall file 19 black-on-white prints of the final plat and all plans
connected therewith. The subdivider shall also provide six copies
of all documents connected with Board approval of the final plat.
C.
The final plat shall be accompanied by a statement
of the appropriate municipal or county body that it is in receipt
of a map 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[1] shall be forwarded to the County Planning Board for its
action prior to final approval by the Board. Whenever review or approval
of the application by the County Planning Board is required by N.J.S.A.
40:27-6.3, the 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.
[1]
Editor's Note: Repealed by L. 1968, c. 285.
E.
The Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards of this chapter, the conditions
of preliminary approval and the standards prescribed by the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). Whenever the
Board shall grant approval subject to conditions, a notation shall
be made on the plat indicating that "the approval of the subdivision
is subject to conditions as set forth in the minutes of the Board."
If the Board approves the final plat, a notation to that effect shall
be made on each plat and shall be signed by the Chairman and the Secretary
of the Board.
F.
Failure of the Board to act within the period prescribed
shall constitute final approval, and a certificate of the Secretary
as to the failure of the 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 Clerk for purposes of filing subdivision plats.
G.
Upon final approval, copies of the final plat shall
be filed with the appropriate office or officers as designated by
resolution of the Board.
H.
The applicant shall post the required performance
guaranty within 45 days of adoption of a resolution granting final
subdivision approval.
I.
Final approval of a major subdivision shall expire
95 days from the date of the signing of the plat unless within such
period the plat shall have been duly filed by the developer with the
County Clerk. The Board may, for good cause shown, extend the period
for recording for an additional period not to exceed 190 days from
the date of the signing of the plat.
J.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the appropriate
Board.
K.
Required certifications.
(1)
As a condition of granting final approval, the Board
shall require the applicant to submit a certification with respect
to the following:
(a)
That a sufficient water supply is or will be
available for the project.
(b)
That adequate sewage treatment capacity is or
will be available for the project, except where septic systems are
to be provided.
(c)
That said supply and capacity have been allocated
and shall be available upon completion of the project.
(2)
This certification shall be obtained by the applicant
from the appropriate governmental entity, for example, the Department
of Environmental Protection and Energy, the Evesham Township Municipal
Utilities Authority or any other agency which may provide sewage treatment
or water supply.
L.
The effect of final approval of a major subdivision
shall be as set forth in N.J.S.A. 40:55D-52.
M.
Prior to the granting of final approval or the commencement of construction, the subdivider shall deposit with the Secretary of the Board an amount of moneys sufficient to pay for the cost of professional services in accordance with the provisions of Chapter 94, Land Use Regulations, of this Code.
