The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer being required to make further application or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use. See § 188-9, Conditional use, in Article II.
[Amended 3-25-1980 by Ord. No. 80-2; 7-14-1981 by Ord. No. 81-11]
A.
Informal review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any nonrefundable fees for such an informal review as is required in § 188-13A. However, if legal, engineering, traffic, health, environmental, planning and/or other reviews are requested by the developer, the developer shall be requested to submit an escrow deposit to be utilized to pay the cost of any such legal, engineering, planning, traffic, environmental, health or other pertinent and necessary professional services, whether rendered by outside consultants or staff employees as a result of the review of this concept plan for development at this informal stage. The developer shall not be bound by any concept plan for which a review is requested, and the Development Coordinator shall not be bound by any such review.
[Amended 12-19-1989 by Ord. No. 89-13; 12-17-1991 by Ord. No. 91-27]
(1)
After legal, engineering, planning, traffic, environmental,
health or other professional reviews are requested by the developer
in connection with his informal review, the Development Coordinator
shall, in conjunction with appropriate representatives of the staff
of the Township of Hillsborough, review said concept plan for development
to determine what the escrow deposit shall be. In conducting such
review, said Coordinator shall consider:
(a)
The presence or absence of public water and/or
sewer servicing the site.
(b)
Environmental considerations, including but
not limited to geological, hydrological and ecological factors.
(c)
The traffic impact of the proposed development.
(d)
The impact of the proposed development on existing
aquifer and/or water quality.
(2)
In considering the appropriate amount of any escrow deposit, the Development Coordinator shall be guided by the escrow deposit formulas utilized in connection with formal applications as set forth in § 188-13B. Upon completion of said review, the Development Coordinator shall make formal recommendations to the Board which shall adopt a resolution specifying the amount of escrow deposit, if any, to be posted by the developer seeking informal review.
(3)
All such escrow funds shall be utilized by the Planning
Board to cover the cost of professional services rendered by outside
consultants and/or staff employees, including but not limited to engineering,
planning, legal, traffic, environmental, health and other pertinent
and necessary professional services for review in connection with
the particular concept plan for development. All sums not actually
so expended shall be refunded to the applicant within 60 days after
completion of the informal review by the Planning Board.
(4)
The escrow moneys shall be deposited pending completion
of the informal review. Said moneys shall be placed in an interest
bearing account. In the event that a refund is to be made to the developer,
the municipality shall refund, with interest, said amount within 30
days from the date of completion of the informal review.
B.
Sketch plat and classification.
(1)
The purposes of sketch plat submission are:
(a)
To provide for submission and approval of minor
subdivisions and minor site plans in a simplified fashion.
(b)
To provide for additional discussion and review,
at the option of the developer, in cases of major site plans, major
subdivisions and planned developments, prior to submission for preliminary
approvals.
(2)
Filing procedure. The developer shall file with the
administrative officer at least two weeks prior to the meeting of
the Planning Board, 10 black-on-white prints of the sketch plat, four
completed copies of the application form, one copy of covenants, deed
restrictions and easements (unexecuted), a sample of the deed for
any land being offered to the Township and the applicable fee.
(3)
Sketch plats shall include sufficient data to enable
the Planning Board and the applicant to comment upon design concepts
such as building location, ingress and egress, parking, major natural
features that will have to be recognized or may influence certain
design criteria and the applicant's basic intent for water, sewerage
and storm drainage facilities. As to major site plans, major subdivisions
and planned developments, such submissions are sketches to scale of
possible plans for development of an area and are not binding upon
the municipality or upon the developer and do not necessitate accurate
engineered drawings.
(4)
Sketch plat of minor subdivision. An applicant may
elect to have an application for a minor subdivision processed to
approval through the sketch plat process rather than through the procedure
for preliminary and final approval. In such case:
(b)
The plat shall include sufficient data and accurate
engineering to enable the Board to act thereon. If land or road dedications
are indicated or required by the Board, same shall be shown on the
plat and supported by accompanying deeds. The submission shall also
show all off-tract improvements to be paid for by the developer as
necessitated by the development.
(5)
Sketch plat of minor site plan. An applicant may elect
to have an application for a minor site plan processed to approval
through the sketch plat process rather than through the procedure
for preliminary and final approval. In such case:
(b)
The Planning Board does not find that the proposed use, proposed intensity of development, location of the tract, traffic conditions or environmental concerns are of sufficient concern that a public hearing should be held. [See § 188-28B(5).]
(c)
The plat shall include sufficient data and accurate
engineering to enable the Board to act thereon. If land or road dedications
are indicated or required by the Board, same shall be shown on the
plat and supported by accompanying deeds. The submission shall also
show all off-tract improvements to be paid for by the developer as
necessitated by the development.
(6)
When the Planning Board determines that any proposed
development will create, either directly or indirectly, an adverse
effect on either the remainder of the property being developed or
nearby property, the Planning Board may require the developer to revise
the plat. Where the remaining portion of the original tract is of
sufficient size to be developed or subdivided further, the developer
may be required to submit an informal or sketch plat of the entire
remaining portion of the tract to indicate a feasible plan whereby
the design of the proposed development together with the subsequent
subdivisions or development will not create, impose, aggravate or
lead to any such adverse effect(s).
(7)
Action by Planning Board. The Planning Board shall
review the submission for its completeness and, if sufficient data
is presented, shall:
(a)
In the case of a major subdivision or major
site plan, classify the application within 45 days of the date of
the submission of a complete application or within such further time
as maybe consented to by the applicant.
[Amended 4-9-1985 by Ord. No. 85-1]
(b)
In the case of a minor subdivision, meeting the criteria set forth in Subsection B(4) above, act to approve or deny the same within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant.
(c)
In the case of a minor site plan, meeting the criteria set forth in Subsection B(5) above, act to approve or deny the same within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant.
(d)
Approval of a minor subdivision or minor site
plan, as above set forth, may be conditioned on terms ensuring the
provision of improvements pursuant to P.L. 1975, c. 291, Sections
29, 29.1, 29.3 and 41 of the Municipal Land Use Law (N.J.S.A. 40:55D-38,
40:55D-39, 40:55D-41 and 40:55D-53).
(e)
Whenever review or approval of the application
by the County Planning Board is required by Section 8 of P.L. 1968,
c. 285 (N.J.S.A. 40:27-6.6), the 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 period.
(f)
An application for development shall be complete
for purposes of commencing the applicable time period for action by
the Planning Board when so certified by the Planning Board or its
authorized committee or designee. In the event that the Planning Board,
committee or designee does not certify the application to be complete
within 45 days of the date of its submission, the application shall
be deemed complete upon the expiration of the forty-five-day period
for purposes of commencing the applicable time period unless the application
lacks information indicated on a checklist included in this chapter
and provided to the applicant and the Planning Board or its authorized
committee or designee has notified the applicant, in writing, of the
deficiencies in the application within 45 days of submission of the
application. The applicant may request that one or more of the submission
requirements be waived, in which event the Planning Board or its authorized
committee shall grant or deny the request within 45 days. Nothing
herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The Planning Board may subsequently require correction
of any information found to be in error and submission of additional
information not specified in this chapter or any revisions in the
accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Planning Board.
[Added 4-9-1985 by Ord. No. 85-1]
(8)
Effect of minor subdivision approval.
(a)
Approval of a minor subdivision shall expire
190 days from the date of approval unless within such period a plat
in conformity with such approval, including any conditions imposed
by the approving authority and in conformity with the provisions of
the Map Filing Law P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),
as the same may be amended or supplemented, or a deed clearly describing
the approved minor subdivision is filed by the developer with the
county recording officer, 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 secretary of the approving authority
(or the vice chairman or assistant secretary in their absence, respectively).
In reviewing the application for development for a proposed minor
subdivision, the approving authority may accept a plat not in conformity
with the aforesaid Map Filing Law, provided that if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed, such plat shall conform with the provisions of said act.
(b)
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.
(9)
Effect of minor site plan approval. The zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor site plan approval was granted shall not be changed
for a period of two years after the date of minor site plan approval.
[Amended 7-14-1981 by Ord. No. 81-11]
Preliminary plats are required for all major
site plans and major subdivisions.
A.
Filing procedure.
(1)
Any developer shall submit to the administrative officer, at least two weeks prior to the meeting of the approving authority, 16 black-on-white copies of the preliminary plat; four completed copies of the application form for preliminary approval; two completed copies of the County Planning Board application form; five copies of any protective covenants, deed restrictions and easements applying to the land being developed; four copies of the drainage calculations; an environmental impact report and soil erosion and sediment control data as required in Article IV of this chapter; and the applicable fee.
(2)
A corporation or partnership applying for permission
to subdivide a parcel of land into six or more lots or for a variance
to construct a multiple dwelling of 25 or more family units or for
approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning
at least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be. If a corporation or partnership
owns a ten-percent-or-greater interest in a partnership, subject to
the above disclosure, that corporation or partnership shall list the
names and addresses of its stockholders holding 10% or more of its
stock or of a ten-percent-or-greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership until the names
and addresses of the noncorporate stockholders and individual partners
exceeding the ten-percent ownership criterion established in this
section have been listed. No planning board, board of adjustment or
municipal governing body shall approve the application of any corporation
or partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
B.
Action by the approving authority.
(1)
The approving authority shall review the submission
for its completeness and take action on accepting or rejecting the
submission as a complete application. If rejected, the applicant shall
be notified in writing of the deficiencies within 45 days of submission.
(2)
If accepted as an application, a public hearing date shall be set and notice given as required by this chapter in Article II.
(3)
Upon submission of a plat, the administrative officer
shall submit one copy of the plat and supporting data to the County
Planning Board, Township Engineer, Environmental Commission and any
other agency or person as directed by the approving authority for
their review and action. Each shall have not more than 30 days from
receipt of the plat to report to the approving authority. In the event
of disapproval, such report shall state the reasons therefor. If any
agency, or person fails to report to the approving authority within
the designated period, said plat shall be deemed to have been approved
by them. Upon mutual agreement between the County Planning Board and
the approving authority, with approval of the applicant, the thirty-day
period for a County Planning Board report may be extended for an additional
30 days and any extension shall so extend the time within which the
approving authority is required to act.
(4)
If the submission is accepted as a subdivision, the
approving authority shall grant or deny preliminary approval of a
subdivision of 10 or fewer lots within 45 days of the date of such
submission or within such further time as may be consented to by the
developer. Upon the submission of a complete application for a subdivision
of more than 10 lots, the approving authority 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 approving authority shall be deemed to have granted
preliminary approval to the subdivision.
(5)
If the submission is accepted as a site plan, the
approving authority shall grant or deny preliminary site plan approval
within the following time periods unless some further time has been
consented to by the developer:
(a)
A site plan for 10 acres of land or less and
10 dwelling units or less, within 45 days of the date of submission.
(b)
A site plan of more than 10 acres or more than
10 dwelling units within 95 days of the date of submission. Before
any action is taken on any preliminary site plan containing more than
10 acres or for a site plan containing a flood hazard area, the approving
authority shall conduct a public hearing as established in this chapter.
Action may be taken on a preliminary site plan for 10 acres of land
or less without a public hearing unless, in the opinion of the approving
authority, the proposed use, proposed intensity of development, location
of the tract, traffic conditions or environmental concerns for a property
of 10 acres or less are of sufficient concern that the approving authority
desires to receive the public's comments. Where a public hearing is
scheduled for a site plan, no action shall be taken until completion
of the public hearing, and the scheduling and notifications for the
hearing shall be in accordance with this chapter.
(6)
If the approving authority required any substantial
amendment in the layout of improvements in either a site plan or subdivision
as proposed by the developer and that plan had been the subject of
a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The approving authority shall, if the proposed development
complies with this chapter, grant preliminary approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report in Article VI. Such action shall not take place until after any required public hearing has been conducted. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 188-20, Public hearing and notices, in Article II. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and Township Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are complied with. If all conditions are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse.
(8)
After approval of the preliminary plat, the administrative
officer shall retain one copy and forward copies of the signed plat
to each of the following:
(a)
Township Engineer.
(b)
Township Clerk.
(c)
Township Board of Health.
(d)
Municipal Utilities Authority.
(e)
County Planning Board.
(f)
Building Inspector.
(g)
The subdivider, for compliance with final approval
requirements.
(h)
Such other Township, county or state officials
as directed by the approving authority.
(9)
Preliminary approval shall, except as provided in Subsection B(9)(d), (e) and (f) below, confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
[Amended 12-13-1988 by Ord. No. 88-32; 5-11-1993 by Ord. No. 98-11]
(a)
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;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the Township from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
(b)
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 plat, except that if the
final plat is not submitted within the three-year period or any extended
time, the preliminary approval shall be void.
(c)
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 standards may govern.
(d)
In the case of a development for a non-farm area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(9)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the approving authority 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(s) awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.
(e)
In the case of farm property containing an area of 50 acres or more where the landowner wishes to continue the use of his land for agricultural purposes but preserve the increasing market value of that land for nonagricultural purposes, the preliminary subdivision approval shall confer upon the applicant all rights referred to in Subsection B(9)(a) above for a period of 10 years, provided that if the design standards have been revised, such revised standards may govern and subject to the following rights, terms and conditions:
[1]
With respect to plat design standards for the subdivision, the approving authority may waive, until such time an application for preliminary approval with design standards is requested, certain requirements of § 188-30C(3), (4), (5), (6), (8) and (10) and all requirements of (13) in connection with the preliminary subdivision application because of their cost-generating factors.
[Amended 4-25-1989 by Ord. No. 89-6]
[2]
During the first six years or the first six years of any renewal period as discussed in Subsection B(9)(e)[4] below, the applicant shall not be able to process an application for preliminary subdivision approval with the design standards previously waived in Subsection B(9)(e)[1] above satisfied and/or process an application for final subdivision approval and/or commence construction for any subdivision improvements.
[3]
During the first seven years, the applicant
shall agree to continue to use the land contained within the subdivision
application for agricultural purposes.
[4]
During the seventh year after preliminary subdivision approval without design standards, in accordance with the waiver delineated in Subsection B(9)(e)[1] above, the applicant shall either submit a request to the Planning Board that the preliminary subdivision approval without design standards be extended for a second period of seven years to allow for the continued use of the land for agricultural purposes or submit the balance of the required details of preliminary subdivision approval temporarily waived at the time of the original subdivision approval. If the latter alternative is chosen and the balance of the required construction details are submitted to the satisfaction of the Planning Board, the preliminary subdivision approval, with all design standards satisfied, shall remain in effect for three more years (making a total of 10 years), at which point final subdivision approval must have been obtained. The former alternative to extend the preliminary subdivision approval without design standards to allow for the continued use of the land for agricultural purposes may be chosen not only in the seventh year of the first seven-year period but in the seventh year of all seventh-year renewal periods as well, so long as the applicant wishes to continue to use his land for agricultural purposes. Failure of the applicant to make the required choice at the proper time, as delineated hereinabove, shall result in the preliminary subdivision approval without design standards being voided at the end of the seven-year period involved.
[5]
The applicant shall be allowed to process one
minor subdivision application per year if said minor subdivision is
in accordance with the approved major preliminary subdivision and
does not involve any new street or the extension of any off-tract
improvement.
[6]
If for any reason the zoning on the property
changes to allow an increased density, the applicant may, during the
initial seven-year period or any renewal period thereafter, pursue
a modified preliminary subdivision approval without design standards
based upon the current zoning requirements.
[7]
The landowner of the farm property of 50 acres or more need not proceed under Subsection B(9)(e) if he is not motivated to preserve the land for agricultural purposes as discussed hereinabove. However, in that latter situation, there shall be no waiver, and the applicant must comply with § 188-30C(4), (5), (6), (7), (10) and (13), as well as all other requirements of plat design standards for preliminary subdivisions.
[8]
The benefits conferred by Subsection B(9)(e) shall apply to:
[a]
One landowner who owns 50 acres
or more;
[b]
One landowner who owns more than
one tract, each of which is less than 50 acres but all of which, when
added together, totals 50 acres or more, provided that no tract is
less than 20 acres, all tracts are in reasonable proximity to one
another and the applicant demonstrates that all tracts are or may
be farmed as one overall integrated farm operation; or
[c]
Different landowners who own less
than 50 acres but whose land is contiguous and when taken together
comprise 50 acres or more, provided that all such landowners agree
to pursue the development of their land as one overall application
for development.
[9]
Should the applicant choose not to request a
seven-year extension but submit the waiver requirements to the satisfaction
of the approving authority, the preliminary subdivision rights will
continue for the remaining three years, for a total of 10 years, at
which time final subdivision approval will have had to have been obtained.
(f)
In the case of a development of farm property containing an area of less than 50 acres, but 20 acres or more, where the landowner wished to continue the use of his land for agricultural purposes while preserving the increased market value of the land for nonagricultural purposes, the preliminary subdivision approval shall confer upon the applicant all rights referred to in Subsection B(9)(a) above for a period of five years, provided that, if the design standards have been revised, such revised standards may govern, and also subject to the rights, terms and conditions delineated hereinafter:
[1]
With respect to plat design standards for the subdivision, the approving authority may waive, until such time an application for preliminary subdivision approval with design standards is requested, certain requirements of § 188-30C(3), (4), (5), (6), (8) and (10) and all requirements of (13) in connection with the preliminary subdivision application because of their cost generating factors.
[Amended 4-25-1989 by Ord. No. 89-6]
[2]
During the first two years, the applicant shall not be able to process an application for preliminary subdivision approval with the design standards temporarily waived in Subsection B(9)(f)[1] above satisfied and/or process an application for final subdivision approval and/or commence construction for any subdivision improvements.
[3]
During the aforementioned three-year period,
the applicant shall agree to continue to use the land contained within
the subdivision application for agricultural purposes.
[4]
During the third year after subdivision approval,
the landowner shall submit the balance of the required details of
the preliminary subdivision approval that were temporarily waived
at the time of the original preliminary subdivision approval, and
if approved by the Planning Board, the preliminary subdivision approval
shall remain in effect for two more years, making a total of five
years, at which point final subdivision approval must have been obtained.
[Amended 4-25-1989 by Ord. No. 89-6]
[5]
The applicant shall be allowed to process one
minor subdivision application per year if said minor subdivision is
in accordance with the approved major preliminary subdivision and
does not involve any new street or the extension of any off-tract
improvement.
[6]
If for any reason the zoning on the subject
property changes to allow increased density, the applicant may, during
the three years of the preliminary subdivision approval without design
standards, make application based upon the current zoning requirements.
[7]
The landowner of farm property of less than 50 acres but at least 20 acres or more need not proceed under this Subsection B(9)(f) if he is not motivated to preserve the land for agricultural purposes as described hereinabove. However, in that latter situation, there shall be no waiver and the applicant must comply with § 188-30C(4), (5), (6), (7), (10) and (13) as well as all other requirements of plat design standards for subdivisions.
(g)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(9)(c) or (d) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 5-11-1993 by Ord. No. 93-11]
(h)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer receives the last legally required approvals from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(9)(c) or (d) of this section.
[Added 5-11-1993 by Ord. No. 93-11]
A final plat is required for all development
applications.
A.
Filing procedure.
(1)
The developer shall file with the administrative officer
at least two weeks prior to the meeting of the approving authority
one Mylar, two cloth and 10 black-on-white paper prints of the plat
and four completed copies of the application form for final approval,
four completed copies of the final plat checklist, two completed copies
of the County Planning Board application form, the performance guaranty,
including off-tract improvements, if any, any maintenance guaranties
and the applicable fee.
(2)
Letters directed to the Chairman of the approving
authority and signed by a responsible officer of the water company,
sewer authority and gas, telephone and electric utility that has jurisdiction
in the area approving each proposed utility installation design and
stating who will construct the facility shall be filed.
(3)
The applicant shall file proof that all taxes are
paid to date on the property.
(4)
The final plat shall be accompanied by a statement
by the Township Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation, that he has examined
the drainage, erosion, stormwater control and excavation plans and
found that the interests of the Township and of nearby properties
are fully protected, and identifying those portions of any improvements
already installed and that the developer has either:
(a)
Installed all improvements in accordance with
the requirements of this chapter and the preliminary plat approval
with a maintenance guaranty accompanying the final plat; or
(b)
Posted a performance guaranty in accordance
with this chapter and the preliminary plat approval for all partially
completed improvements or improvements not yet initiated.
B.
Action by the approving authority.
(1)
The approving authority shall grant final approval
if the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by ordinance
for final approval, the conditions of preliminary approval and, in
the case of a major subdivision, the standards prescribed by the Map
Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that, in the case
of a planning development, the approving authority may permit minimal
deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since
the date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
(2)
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. An approved final plat shall be signed by the Chairman
and Secretary of the approving authority (or the Vice Chairman or
Assistant Secretary in their absence, respectively). Failure of the
approving authority to act within the period prescribed shall constitute
final approval, 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 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.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6,
the Township approving authority 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)
Expiration of minor subdivision approval.
[Amended 5-11-1993 by Ord. No. 93-11]
(a)
Except as provided hereinafter, approval of
a minor subdivision shall expire 190 days from the date on which the
resolution of municipal approval is adopted unless within such period
a plat in conformity with such approval, including any conditions
imposed by the approving authority and in conformity with the provisions
of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly
describing the approval of the minor subdivision is filed by the developer
with the county recording officer, the Municipal 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 approving
authority (or the Vice Chairman or the Assistant Secretary in their
absence, respectively). In reviewing the application for development
for a proposed minor subdivision, the approving authority may accept
a plat not in conformity with the Map Filing Law, provided that if
the developer chooses to file the minor subdivision as provided herein
by plat rather than deed, such plat shall conform to the provisions
of said law.
(b)
The Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed if the developer
proves to the reasonable satisfaction of the Planning Board that the
developer was barred or prevented, directly or indirectly, from filing
because of delays in obtaining legally required approvals from other
governmental or quasi-governmental entities and that the developer
applied promptly for and diligently pursued the required approvals.
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals as determined by the
Planning Board. The developer may apply for the extension either before
or after what would otherwise be the expiration date.
(5)
Expiration of major subdivision approval.
[Amended 5-11-1993 by Ord. No. 93-11]
(a)
Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period that plat shall have been duly filed by the developer
with the county recording officer. The approving authority may for
good cause shown extend the period for recording for an additional
period not to exceed 190 days from the date of signing of the plat.
Also, the Board may extend the ninety-five-day or one-hundred-ninety-day
period if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Board. The developer
may apply for an extension before or after the original expiration
date. No subdivision plat shall be accepted for filing by the county
recording officer until it has been approved by the approving authority
as indicated on the instrument by the signatures of the Chairman and
the Secretary of the approving authority or a certificate has been
issued as to the failure of the approving authority to act within
the required time. The signatures of the Chairman and Secretary shall
not be affixed until the developer has posted the required guaranties.
If the county recording officer records any plat without such approval,
such recording shall be deemed null and void, and, upon request of
the Township, the plat shall be expunged from the official records.
It shall be the duty of the county recording officer to notify the
approving authority in writing within seven days of the filing of
any plat, identifying such instrument by its title, date of filing
and official number.
(b)
The Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed if the developer
proves to the reasonable satisfaction of the Planning Board that the
developer was barred or prevented, directly or indirectly, from filing
because of delays in obtaining legally required approvals from other
governmental or quasi-governmental entities and that the developer
applied promptly for and diligently pursued the required approvals.
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals as determined by the
Planning Board. The developer may apply for the extension either before
or after what would otherwise be the expiration date.
(6)
Applicability of zoning requirements.
[Amended 5-11-1993 by Ord. No. 93-11]
(a)
Provided that the approved final plat has been
filed with the county recording officer, the zoning requirements applicable
to the preliminary approval first granted and all other rights conferred
upon the developer pursuant to the Municipal Land Use Law, whether
conditionally or otherwise, shall not be changed for a period of two
years from the date on which the resolution of approval was adopted.
If the developer has followed the standards prescribed for final approval,
the approving authority may extend such period of protection for extensions
of one year, but not to exceed three extensions. Upon granting final
approval, the rights conferred upon the applicant by the granting
of the preliminary approval shall be terminated upon final approval,
provided that the approved final plat of a minor subdivision has been
filed with the county recording officer. 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.
(b)
The Board shall grant an extension of minor
subdivision approval for a period determined by the Board, but not
exceeding one year, from what would otherwise be an expiration date
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
(c)
The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor site
plan approval was granted shall not be changed for a period of two
years after the date of minor site plan approval. The Board shall
grant an extension of this period for a period determined by the Board,
but not exceeding one year, from what would otherwise be the expiration
date if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prohibited, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
A developer shall apply for this extension before what would otherwise
be the expiration date or the 91st day after the date on which the
developer receives the last legally required approval from other governmental
entities, whichever occurs later.
(d)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise,
shall not be changed for a period of two years after the date on which
the resolution of final approval is adopted, provided that in the
case of a major subdivision the rights conferred by this section shall
expire if the plat has not been duly recorded within the time period
provided in N.J.S.A. 40:55D-54. If the developer has followed the
standards prescribed for final approval and, in the case of a subdivision,
has duly recorded the plat as required by N.J.S.A. 40:55D-54, the
Board may extend such period of protection for extensions of one year,
but not to exceed three extensions. Notwithstanding any other provisions
of this chapter, the granting of final approval terminates the time
period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for
the section granted final approval.
(7)
Extension of approval.
[Amended 5-11-1993 by Ord. No. 93-11]
(a)
In the case of a subdivision or site plan for a planned development of 50 acres or more, or conventional subdivision or site plan of 150 acres or more, the approving authority may grant the rights referred to in the above Subsection B(6) for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the approving authority may grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(b)
Whenever the Board grants an extension of final
approval and final approval has already expired on the date on which
the extension is granted, extension shall begin on what would otherwise
have been the expiration date. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
(c)
The Board shall grant an extension of final
approval for a period determined by the Board, but not exceeding one
year, from what would otherwise be the expiration date if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued these approvals. The developer shall apply
for the extension before what would otherwise be the expiration date
of final approval or the 91st day after the developer receives the
last legally required approval from other governmental entities, whichever
occurs later. An extension granted pursuant to this subsection shall
not preclude the Board from granting an extension pursuant to any
of the other subsections delineated hereinabove.
(8)
Findings for planned development. The approval of
a planned development shall find the following facts and conclusions:
(a)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the zoning standards.
(b)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(c)
That provision through the physical design of
the proposed development for public services, control over vehicular
and pedestrian traffic and the amenities of light and air, recreation
and visual enjoyment are adequate.
(d)
That the proposed planned development will not
have an unreasonable adverse impact upon the area in which it is proposed
to be established.
(e)
In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of
the residents, occupants and owners of the proposed development in
the total completion of the development are adequate.
(9)
Upon final approval, the applicant shall provide:
(a)
Three sets of final plans and one signed linen
and one Mylar of the final plan to the Township Engineer.
(b)
One Mylar and opaque linen copies to the County
Clerk per law.
(c)
One linen to the Township Clerk.
(d)
One signed paper print to the Planning Board,
Building Inspector, Municipal Utilities Authority, Tax Assessor, County
planning Board and such other Township, county or state officials
or other individuals as directed by the Board.
(e)
One set of final plans to the approving authority.
A.
Plat conformity. No development application shall be accepted unless submitted in plat form and no plat, other than an informal plat as set forth in this article, shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information, and complies with the provisions of N.J.S.A. 46:23-9.9 et seq. (Map Filing Law), as amended, subject to § 188-28B(9)(e) and (f) [Ordinance No. 88-32] and § 188-30F (Ordinance No. 89-6). All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor. All drawings of improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey.
[Amended 4-25-1989 by Ord. No. 89-6]
B.
Sketch plat of subdivision or site plan for review
and classification. The following shall be shown:
[Amended 7-14-1981 by Ord. No. 81-11]
(1)
The plat shall be clearly and legibly drawn.
(2)
Graphic scale not less than one inch equals 100 feet.
(3)
Existing and proposed street and lot layout, with
dimensions, showing that portion proposed for development in relation
to the entire tract.
(4)
Existing lot lines to be eliminated.
(5)
Area of original tract to the nearest square foot.
(6)
Area of each proposed lot to the nearest square foot.
(7)
Contours based on United States Geological Survey
data.
(8)
Existing structures and uses.
(9)
Shortest distance between any existing building and
a proposed or existing lot line.
(10)
All streams, lakes and drainage rights-of-way
including the direction of flow of all streams, brooks and drainage
rights-of-way; the location of all drainage structures; and the approximate
location of flood hazard area and floodway lines, steep slopes, wetlands
and swamps based on Soil Conservation Service data.
(11)
Existing and proposed rights-of-way and easements
in the tract and within 500 feet thereof and adjoining the tract,
with sight triangles shown.
(12)
The Tax Map sheet, block and lot numbers for
the tract and all adjacent lots; a title including the words "Sketch
Plat for Review and Classification"; North arrow; space for the subdivision
application number; the date of the original drawing; and the date
and substance of each revision.
(13)
Zoning district(s).
(14)
The name, address, signature and phone number
of the owner, developer and person preparing the plat.
(15)
A key map with North arrow showing the entire
development and its relation to surrounding areas.
(16)
When on-lot water and/or on-lot sewage disposal
are proposed, the plat shall be accompanied by the results of percolation
tests. A minimum of two percolation tests shall have been located
on each proposed lot at the site of a potential or proposed septic
tank and appropriate additional locations in the leaching field and
shall be approved by the Board of Health. The percolation tests shall
include all required data, including but not limited to the date of
the tests; the location of each test shown on the plat; soil log at
least 10 feet below finished grade; groundwater level; the rate of
percolation; the weather conditions prevailing at the time of the
test(s), as well as for the preceding 48 hours; and the layout and
grades for the proposed septic field. The tests shall be performed
at the applicant's expense. Each lot proposed shall show the location
of the proposed individual water supply and its location relative
to the sewage disposal system.
C.
Preliminary plat of major subdivision and planned developments. The preliminary plat shall be titled as such and shall be clearly and legibly drawn by a licensed New Jersey engineer and/or land surveyor and shall be based on a certified boundary survey by a licensed New Jersey land surveyor, at a scale of not less than one inch equals 50 feet and shall include a key map with North arrow showing the entire subdivision and its relation to surrounding areas at a scale of not less than one inch equals 1,000 feet. Plats shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 18 inches by 24 inches; 15 inches by 21 inches; 12 inches by 18 inches; nine inches by 12 inches or 8 1/2 inches by 13 inches. If more than one sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract. The plat shall consist of as many separate maps as are necessary to properly evaluate the site and the proposed work. The plat shall be designed in compliance with the provisions of Article VI and shall show or be accompanied by the following information:
(1)
A title containing the name of the subdivision; the
name of the Township, county and state; Tax Map sheet, block and lot
number, date of preparation and most recent revision; North arrow;
written and graphic scales; the names, addresses, phone numbers and
signatures of the owner, subdivider and person(s) who prepared the
plat(s), including the seal of the latter; the names of all property
owners within 200 feet of the extreme limits of the subdivision; and
space for the subdivision application number.
(2)
The boundary and acreage of the original tract measured
to the nearest 0.01 of an acre; the number, acreage and configuration
of all lots being created; and area of each lot correct to 0.1 of
an acre; all existing and proposed lot lines correct to one foot.
(3)
A map showing existing and proposed elevations and
contour lines over the entire area of the proposed subdivision, together
with watercourses and an indication of the final disposal of the surface
waters. All elevations shall be related to two permanent bench marks
identified on the plan. Contours shall be shown at not more than two-foot
intervals for areas with less than 10% slope, five-foot intervals
for areas with 10% to 20% slopes, and ten- or twenty-foot intervals
for areas with slopes in excess of 20%. For tracts containing slopes
in more than one category, the subdivider shall show contour lines
at the most restrictive interval throughout the tract unless specifically
waived by the approving authority in lieu of some other satisfactory
contour intervals and topographic data to meet the objectives of this
chapter.
(4)
The locations and dimensions of railroad rights-of-way, bridges and natural features, such as soil types, wooded areas, lakes and rock outcroppings and views within the subdivision, and the locations of individual trees outside wooded areas having a minimum caliper of six inches. The proposed location of shade trees to be provided by the subdivider in accordance with § 188-80, Shade trees, in Article IV, shall also be shown. Soil types shown shall be based on United States Soil Conservation Service categories.
(5)
All existing and proposed watercourses, including
lakes, ponds and marsh areas, accompanied by the following information
or data:
(a)
When a running stream with a drainage area of
50 acres or greater is proposed for alteration, improvement or relocation,
or when a structure or fill is proposed over, under, in or along such
a running stream, evidence of approval, required alterations, lack
of jurisdiction or denial of the improvement by the New Jersey Division
of Water Policy and Supply or such agency having jurisdiction shall
accompany the application.
(b)
Profiles and cross sections at fifty-foot intervals
of watercourses, at an appropriate scale, showing the extent of the
flood fringe area, top of bank, normal water level and bottom elevations
of all watercourses on or within 500 feet of the subdivision.
(c)
When ditches, streams, brooks or watercourses
are to be altered, improved or relocated, the method of stabilizing
slopes and the measures to control erosion and siltation during construction,
as well as typical ditch sections and profiles, shall be shown on
the plan or accompany it.
(d)
The total upstream acreage in the drainage basin
of any watercourse running through or adjacent to a subdivision, including
the distance and average slope upstream to the basin ridge line.
(e)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage of that portion
of the subdivision which drains to the structure, including the distance
and average slope downstream to the structure.
(f)
The location and extent of drainage and conservation
easements and floodway and flood hazard area limits.
(g)
The location, extent and water level elevation
of all existing or proposed lakes or ponds on or within 500 feet of
the subdivision.
(h)
Plan, profile drawings and computations for
any storm drainage systems, including:
[1]
All existing and/or proposed storm sewer lines
on site or within 500 feet of the subdivision, showing size, profile
and slope of the lines, the location of each inlet, manhole or other
appurtenance and the pipe material type, strength class or thickness
and bedding type.
[2]
The location and extent of any proposed dry
wells, groundwater recharge basins, detention basins, flood control
devices, sedimentation basins and other water conservation devices.
(6)
The names, locations and dimensions of all existing
streets within a distance of 200 feet of the subdivision, including
at least one street intersection and showing existing driveways and
any connections proposed by the subdivision to existing streets, sidewalks
and bike routes outside the subdivision; plans, cross sections, center
line profiles, proposed grades and standard details of all proposed
streets, including full details of other utility improvements within
or adjacent to the street right-of-way, including sanitary sewers,
curbing, sidewalks, storm drains and water, gas and electric facilities.
Typical street cross sections shall indicate the type and width of
pavement and the location of curbs, sidewalks, bike routes, sewers,
drains, water and gas mains, electric and telephone facilities and
appurtenances and shade tree planting. At intersections, the sight
triangles, radii of curblines and the location of street signs and
traffic control devices shall be clearly indicated. The horizontal
scale shall not be less than one inch equals 40 feet.
(7)
The names, locations, right-of-way widths and purpose(s)
of existing and proposed easements and other rights-of-way in the
subdivision, and the location and description of all existing or proposed
boundary-control monuments and pipes.
(8)
All proposed lot lines, including existing lot lines
to remain and those to be eliminated, and all setback lines required
by the zoning provisions of this chapter with the dimensions thereof.
Any lot(s) to be reserved or dedicated to public use shall be identified
and shall show proposed improvements, such as but not limited to landscaping,
grading, walkways and recreation facilities, if any. Each block shall
be numbered and the lots within each block shall be numbered consecutively
beginning with the number one as acceptable to the Township Engineer.
(9)
Locations of all existing structures and their use(s)
in the tract and within 200 feet thereof, showing existing and proposed
front, rear and side yard setback distances and an indication of all
existing structures and uses to be retained and those to be removed.
(10)
Plans and profiles of proposed on-site, off-site and off-tract improvements and utility layouts (sanitary sewers, storm sewers, erosion control and landscaping, stormwater control, sedimentation basin, excavation, water mains, gas, telephone, electricity, etc.), showing location, size, slope, pumping stations and other details as well as feasible connections to any existing or proposed utility systems. If private utilities are proposed, they shall comply fully with all Township, county and state regulations. If service is to be provided by an existing utility company, a letter from that company shall be submitted, stating that service will be available before occupancy of any proposed structures. When on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Township and state agencies and the results of percolation tests shall be submitted with the preliminary plat in accordance with the procedures outlined in Subsection B, Sketch plat of subdivision or site plan for review and classification, of § 188-30 in this article.
(11)
Zoning district(s), and if the property lies
in more than one zoning district, the plat shall indicate the zoning
district lines.
(12)
Minimum front, rear and side yard setback lines
for the zone.
(13)
Standards for feasibility study to accompany
plans for preliminary approval of a planned development. All applications
for preliminary approval shall be accompanied by a written document
setting forth the reasons why, in the applicant's opinion, a planned
unit development would be in the public interest and would be consistent
with this chapter's statement of objectives, as well as the following
information:
(a)
Market feasibility. This shall include data
indicating the demand for the proposed development within a defined
region, including a breakdown of the number of dwelling units by type
and size and the acreage of land, together with the square footage
of floor area for any commercial and industrial uses.
(b)
Population. An analysis of the expected number
of people and their anticipated population characteristics shall be
related to the number of dwelling units proposed, including the estimated
total number of residents, school-aged children and possible age and
income groups expected as heads of households. Whether or not any
particular segment of the development will be limited by managerial
policy or state and federal programs to any particular age or income
group shall be stated, it being the intent of these provisions in
conjunction with large tracts using the planned development concepts,
the clustering and increased densities allowed and the mixed uses
and mixed housing types, to encourage the construction of a fair share
of the region's low and moderate-income housing needs in the Town
Center and central residential area of the Township in coordination
with streets, utilities and services in those areas.
(c)
Environmental impact. A written report plus
maps and data shall be submitted in accordance with the requirements
of the Floodways and Flood Hazard Areas Ordinance, Environmental Impact
Statement Ordinance, Soil Erosion and Sediment Control Ordinance and
Surface Water Management Ordinance.[1]
(d)
Facilities. An analysis shall be made of the
facilities to be provided by the developer as they are related to
the needs created by the proposed number of dwelling units and nonresidential
uses and the expected population.
[1]
The capacity of the water and sanitary sewer
systems compared to the demand this project will place on them shall
be included.
[2]
Recreation areas and recreational improvements
shall be specified.
[3]
Projected schoolchildren shall be included.
[4]
The applicant shall explain plans for adequate
pickup and disposal of garbage and refuse as well as snow removal
and street cleaning service on any portion of the circulation system
that is not public.
[5]
Proposed stormwater collection and disposal
system, including detention, retention and impoundment techniques,
shall be included.
(e)
Design concepts. The planning and architectural
concepts incorporated in the proposed development shall be enumerated.
This would include such things as street classifications; street design;
size, location and access to neighborhoods; clustering and mix of
dwelling unit types; buffers and flood hazard areas; location of commercial,
office and recreational facilities related to the residences and the
area; considerations of soil and topographic features to the proposed
improvements, including grading, erosion prevention measures, landscaping
and sedimentation control; building height and design features; and
similar features incorporated in the plan.
(f)
Development phases. Where the development is
intended to be phased over a number of years, there shall be an explanation,
including appropriate maps, indicating the location of each phase,
according to priority. The explanation of each development phase shall
be written and shall indicate the mixture of residential and nonresidential
uses, the accompanying facilities and recreational services to serve
the residents, the relationship of each development phase to the circulation
system completed up to that point, and an overall plan for phasing
the total development in order to relate each phase and its component
land use characteristics to the total development concept.
(g)
Homeowners' association. There shall be included a statement indicating whether or not a homeowners' association is contemplated. Where such an association is contemplated, this report shall include copies of the proposed deeds, organizational structure, bylaws of the association and such other pertinent data as will indicate how the association will be formed and what assurances will be given that proper improvements to and maintenance of the common property and other requirements of this chapter as enumerated in § 188-54, Homeowners' association, in Article IV, will be realized.
D.
Final plat of major subdivision. The final plat shall be prepared in compliance with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), as amended, and shall conform to the following standards and particulars and be accompanied by final plans in accordance with Subsection E, Final plans accompanying final plat, below.
(1)
The plat shall be prepared and submitted on a sheet
of standard size (24 inches by 36 inches or 30 inches by 42 inches),
include a margin of at least 1/2 inch and be drawn at a scale
of one inch equals 100 feet, except that a scale of one inch equals
50 feet or larger shall be used where necessary and at special details
to provide fully intelligible and legible information throughout.
When the overall size of the development or the owner's desire to
submit final plans in sections will result in more than one sheet,
individual sheets or sections shall be numbered, match lines or boundaries
with adjacent sheets or sections shall be provided and each sheet
shall contain an acceptable key map of the entire tract showing the
relation and orientation of the subject to adjacent sections and the
total development.
(2)
The original plat shall be prepared in waterproof
black ink on Mylar under the immediate supervision of and in accordance
with the computations of a land surveyor licensed to practice in the
State of New Jersey. The original and all submitted black-line prints,
translucent Mylar, translucent linen and opaque linen copies shall
be hand signed and sealed by the responsible surveyor.
(3)
The fieldwork for the basic boundary survey shall
be precise, with a linear error of closure not to exceed one part
in 10,000 before adjustment. Angular error of closure shall not exceed
15 seconds times the square root of n (where "n" equals the number
of sides). Fieldwork meeting these standards shall be adjusted and
balanced by the compass rule, transit rule or at least square analysis,
as considered appropriate by the responsible surveyor. All existing
boundary evidence for the property in question and/or adjacent properties
shall be clearly shown in relation to the boundaries of the property
in question. All exterior boundaries shall be clearly identified by
bearings precise to the nearest one second of arc and distances precise
to the nearest 0.01 of a foot. Permanent concrete monuments conforming
to state statutes and extending not less than 30 inches below grade
nor more than one inch above shall be indicated on the plat and precisely
set in the field along the tract boundary at all corners, sidelines
of proposed streets and beginning and ending points of all horizontal
curves. Inaccessible corners shall be provided with two offset reference
monuments clearly defined on the plat. Additional point-on-line monuments
as necessary shall be installed in the field and identified on the
plat whenever topographic conditions do not permit corner-to-corner
visibility. Unless specifically waived by the Township Engineer for
due cause, the boundaries of all final plats shall be based on the
United States Geological Survey bearing datum and all boundary monuments
shall be coordinated on the New Jersey plane coordinate system, with
North and East coordinates for each monument and corner shown on the
plat. The gross tract area and the area of each interior parcel, including
parcels dedicated to public use, shall be calculated and shown to
the nearest thousandth of an acre or the nearest 10 square feet.
(4)
The metes and bounds for all interior parcels, streets
and/or easements dedicated to public use shall be calculated to the
same order of precision and shown on the plat as above described for
the tract boundary. Interior monuments shall be indicated on the plat
and installed in the field along one side of all street rights-of-way,
at all corners of parcels dedicated to public use and at such other
additional locations incident to topographic conditions and other
factors as the Township Engineer may find essential to the public
interest. Due to the high potential for disturbance or destruction
during construction, the installation of interior monuments may be
deferred until the completion of final grading and seeding, subject
to posting of acceptable performance guaranty.
(5)
In addition to tract, lot and street boundary lines
above described, the final plat shall identify and provide precise
metes and bounds for all necessary easements, sight triangles and
other reservations for public or quasi-public use. The grantee of
any such public or quasi-public dedication shall be identified on
the plat.
(6)
The following circular curve data shall be provided
for all curvilinear boundaries and street center lines; radius, central
angle, tangent distance, chord distance, chord bearing and arc length.
Distances shall be shown to the nearest 0.01 foot. Angles and bearings
shall be shown to the nearest one second of arc.
(7)
Block and lot numbers shall be shown on the final
plat in accordance with established standards and in conformity with
the Township Tax Assessment Map as approved by the Township Engineer.
(8)
A title block, in the lower right-hand portion of
the sheet, shall include:
(a)
The name (and section, where applicable) of
the plat.
(b)
The current tax assessment block(s) and lot(s)
numbers.
(c)
The name of the municipality, county and state.
(d)
Names and addresses of the owner, applicant
and responsible surveyor.
(e)
The date of preparation (and revisions, if any).
(f)
The plat scale.
(g)
Graphic scale.
(9)
Bearing datum North (map datum) and true North arrows
shall be provided, including the angular difference between map North
and true North.
(10)
All street names shall be shown, acceptable
to the approving authority.
(11)
The plat shall contain the following endorsements:
(a)
Certification by the responsible surveyor that
the map was prepared under his or her supervision and is in compliance
with state statute and local ordinances, such certification to be
signed, sealed and dated by the responsible surveyor.
(b)
Certification by the owner(s) that the plat
is in accordance with their fee consent and express desires, including
their consent to filing, such certification to be signed, dated and
sealed by the owner(s) and witness(es). In the case of individual
ownership, signature shall be certified by a notary; if a partnership,
by all partners and certified by a notary; if a corporation, by an
authorized principal of the corporation, certified by the corporate
secretary and sealed with the corporate seal. The name and position
of each signing party shall be legibly printed below each signature.
(c)
Signature block with places to be signed and
dated by the Chairman and Secretary of the approving authority.
(d)
Certification that all new streets and easements
have been approved by the Township Committee and that bonds have been
given to the Township guaranteeing the completion of improvements
to same, such certification to be signed, dated and sealed by the
Township Clerk.
(e)
Certification of compliance with Map Filing
Law, applicable local ordinances and regulations, signed and dated
by the Township Engineer.
(f)
Certification of compliance with state statute
and approval to file in the County Clerk's office within 95 days of
approval, such certification to be signed, dated and sealed by the
Township Clerk.
(g)
Certification that bond has been given to the
Township guaranteeing the future setting of monuments (if any not
previously set), such certification to be signed, dated and sealed
by the Township Clerk.
(h)
Other appropriate notes regarding the dedication
of public or private roads, easements, recreation areas, etc., and
reference to related deeds of conveyance, such notes to be signed,
dated and sealed by the owner.
(i)
Signature block for certification by the County
Planning Board.
(j)
Recording block for use by the County Clerk,
with space to insert map number, date and time of filing.
(12)
Minimum building setback lines shall be shown
for each lot and other sites. The names and block, lot and property
lines of adjoining owners shall be shown, as disclosed by the current
tax assessment records.
E.
Final plans accompanying final plat.
(1)
Submission of the final plat shall be accompanied
by final plans and other relevant supporting materials, including
the following:
(a)
Plans, profiles and cross sections, as appropriate,
for all new streets, including all utilities and street improvements;
public utility easements; site grading and drainage, including detail
plans for stormwater detention facilities or stream encroachment as
approved by the County Engineer and/or State Department of Environmental
Protection, Division of Water Resources; and sanitary sewerage plans
as approved by the Hillsborough Township Municipal Utilities Authority,
Valley Road Sewerage Company or Borough of Manville, as appropriate.
(b)
Copies of all required permits or relevant agreements
for proposed utility improvements related to drainage, sewerage, gas,
water, electric, telephone or other facilities.
(c)
Copies of proposed deeds of conveyance for all
new streets, sight triangles, easements, recreation parcels, school
sites and/or other land restrictions.
(d)
Design calculations for sanitary sewerage and
storm drainage facilities, signed, dated and sealed by the responsible
project engineer.
(2)
Plans shall be standard size (24 inches by 36 inches
or 30 inches by 42 inches) and shall be drawn to an appropriate scale
necessary to clearly show the scope and detail of the proposed work
sufficient for the Township Engineer to make a quantitative engineering
analysis and to assure proper construction in accordance with Township
standards. A standard size cover sheet shall be provided which shall
include, as a minimum:
(a)
A key map, at a scale not greater than one inch
equals 1,000 feet of the property in question and all adjacent lots,
streets and watercourses within 2,000 feet of the property boundaries.
(b)
A general location plan, at a scale not greater
than one inch equals 200 feet of the property in question, showing
proposed streets and utility systems.
(c)
Index for the complete set of plans.
F.
Preliminary plat for a farmland equity major preliminary
subdivision.
[Added 4-25-1989 by Ord. No. 89-6]
(1)
The preliminary plat for a farmland equity major subdivision shall be titled as such and shall be clearly and legibly drawn by a licensed New Jersey engineer and/or land surveyor and shall be based on existing boundary survey information as available and shall include a key map with a North arrow showing the entire subdivision and its relation to surrounding areas at a scale of not less than one inch equals 100 feet. Plats shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches, 24 inches by 36 inches, 18 inches by 24 inches, 15 inches by 21 inches, 12 inches by 18 inches, nine inches by 12 inches or 8 1/2 inches by 13 inches. Each sheet shall contain a one-half-inch border. If more than one sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract. The plat shall consist of as many separate maps as are necessary to properly evaluate the site and the proposed work. The plat shall be designed in compliance with the provisions of Article IV and shall show or be accompanied by the following information:
(a)
A title box containing the name of the subdivision;
the name of the Township, county and state; the Tax Map sheet, block
and lot number; date of preparation; written and graphic scales; and
the name, title and address of the engineering/surveying firm preparing
the plat. Another box shall contain the revision number, description
and date. The plat plan itself shall show prominently displayed names,
addresses, phone numbers and signatures of the owner, subdivider and
person(s) who prepared the plat(s), including the license number(s)
and the seal(s) of the latter, the names of all property owners superimposed
on each property located within 200 feet of the extreme limits of
the subdivision; and space for the subdivision application number.
(b)
The boundary and acreage of the original tract
measured to the nearest 0.01 of an acre; the number, acreage and configuration
of all lots being created; the area of each lot correct to 0.1 of
an acre; and all existing and proposed lot lines correct to one foot.
(c)
A map showing existing elevations and contour
lines of the entire area of the proposed subdivision together with
watercourses and an indication of the final disposal of the surface
water. Contours shall be based upon existing topographic mapping information
but with at least twenty-foot contours as based on the United States
Geological Survey Data. Additional contours may be required by the
Township Engineer.
(d)
The locations and dimensions of railroad rights-of-way,
bridges and natural features, such as soil types, wooded areas and
lakes. Soil types and categories shown shall be based on the Somerset
County Soil Survey.
(e)
All existing watercourses. The approximate location
of flood hazard areas and the floodway lines, steep slopes and swamps
based on soil conservation data.
(f)
The names, locations and dimensions of all existing
streets within a distance of 200 feet of the subdivision, including
the location of street intersections. At intersections, appropriate
sight triangles shall be shown.
(g)
The names, locations, rights-of-way widths and
purpose(s) of existing and proposed easements and other right-of-way
in the subdivision and the location and description of all existing
or proposed boundary-control monuments and pins.
(h)
All proposed lot lines, including existing lot
lines to remain and those to be eliminated and all setback lines required
by the provisions of this chapter, with the dimensions thereof. Any
lot to be reserved or dedicated to public use shall be identified.
Each block and the lots within each block shall be numbered consecutively
as acceptable to the Township Engineer and Tax Assessor in conformance
with the New Jersey tax map statute.
(i)
The location of all existing structures, identifying
the same and their use(s) in the tract and within 200 feet thereof,
showing existing and proposed front, rear and side yard setback distances
and an indication of all existing structures and uses to be retained
and those to be removed.
(j)
A note regarding viability of proposed on-site
and off-site improvements and utility layouts, including sanitary
sewers, storm drainage facilities, water mains and gas, telephone
and electric services. When on-lot water or sewerage disposal is proposed,
then same shall be noted on the plans.
(k)
Zoning district(s), and if the property lies
in more than one zoning district, the plat shall indicate the zoning
district lines.
[1]
Minimum front, rear and side yard setback lines
for the zone.
[2]
During the time frame referenced in § 188-28B(9)(e)[4] and § 188-28B(9)(f)[4], the preliminary plat shall be updated, refined and completed so as to comply with all requirements set forth in § 188-30C(1) through (13). Upon Planning Board approval of this farmland equity preservation, major preliminary subdivision approval shall remain in effect for the additional period set forth in §§ 188-28B(9)(e)[4] and 188-28B(9)(f)[4] at which time it shall lapse unless final subdivision approval shall have been obtained in accordance with § 188-30D.
A.
Plat conformity. No development application shall be accepted unless submitted in plat form and no plat shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor except that plats submitted under the informal discussion provisions of Article III and sketch plats of minor site plans are exempt from this requirement. All drawings of improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey.
B.
Minor site plan for classification and approval shall
include the same data as required for an informal subdivision or site
plan for review and classification,[1] except that the graphic scale shall be one inch equals 10, 20, 30, 40 or 50 feet. This submission shall also show the applicable data, called for in the building and use plan, circulation plan, natural resources plan, facilities plan and flood hazard area considerations in Subsection D, Preliminary site plan plat, below, except that an environmental impact report may be waived or modified by the approving authority as may be the requirements for the amount of detail in the plans listed above.
C.
A sketch plat of a major site plan shall show to scale
the lot lines, proposed building(s), proposed use(s), parking, loading,
on-site circulation, driveways, wooded areas, streams, approximate
flood hazard area, contours based on United States Geological Survey
or similarly available datum, approximate on-site or on-tract, stormwater
detention facilities and water and sewer service. The scale shall
be one inch equals 100 feet.
D.
Preliminary site plan plat.
(1)
Each site plan shall be submitted at a scale of one
inch equals 10, 20, 30, 40 or 50 feet. All plans shall be signed and
sealed by an architect or engineer licensed to practice in the State
of New Jersey, including accurate lot lines certified by a licensed
land surveyor, submitted on one of the following standard sheet sizes:
8 1/2 inches by 13 inches; 12 inches by 18 inches; nine inches
by 12 inches; 15 inches by 21 inches; 18 inches by 24 inches; 24 inches
by 36 inches; and 30 inches by 42 inches. If one sheet is not sufficient
to contain the entire territory of the tract, the tract may be divided
into sections to be shown on separate sheets of equal sizes, all sheets
with the same scale, with references on each sheet to the adjoining
sheets, provided that one sheet at a smaller scale is attached which
shows the entire project on one sheet of the same size.
(2)
Each plan shall include the following data:
(a)
Name of the development.
(b)
Appropriate places for the signatures of the
Chairman and Secretary of the approving authority, the dates of the
official approving authority actions and dates of the signatures.
(c)
A small key map giving the general location
of the tract in relation to the remainder of the community.
(d)
Zone district(s) in which the lot(s) is located.
(e)
North arrow.
(f)
Date of the original plan and each subsequent
revision date.
(g)
Graphic scale.
(h)
Total tract acreage to 0.01 of an acre.
(i)
An outbounds survey of the tract certified by
a licensed land surveyor.
(j)
Existing and proposed streets and street names.
(k)
Existing and proposed contour lines at five-foot
intervals inside the tract and within 50 feet of the tract's boundaries.
(l)
Existing and proposed streams and easements.
(m)
Flood hazard areas based on one-hundred-year-plus
storms.
(n)
All dimensions and areas needed to confirm conformity
to this chapter, such as but not limited to building area, lot lines,
parking and loading spaces, setbacks, buffers and yards.
(o)
The site in relation to all remaining contiguous
lands in the applicant's or owner's ownership.
(p)
All roads, driveways, watercourses and existing
buildings within 200 feet of the tract.
E.
Site plan information for preliminary and final approval. Each site plan shall have the following information shown thereon or be annexed thereto and shall be designed to comply with the applicable design standards (Article III), design and performance standards (Article IV) and zoning regulations (Article V) of this chapter.
(1)
Building and use plan. This plan shall show the size,
height, location, arrangement and use of all existing and proposed
structures and signs, including proposed total building coverage in
acres or square footage and percent of the lot coverage, with an architect's
scaled elevations of the front, side and rear of any structure and
sign to be erected or modified to the extent necessary to apprise
the approving authority of the scope of the proposed work. Any existing
structures on the site shall be identified as either to remain or
to be removed. There shall be included a written description of the
proposed use(s) and operation(s) of the building(s), including the
number of employees or members of nonresidential buildings; the proposed
number of shifts to be worked and maximum employees on each shift;
expected truck and tractor-trailer traffic; emission of noise, glare,
vibration, heat, odor, air and water pollution; safety hazards; and
anticipated expansion plans incorporated in the building design. Floor
plans shall be submitted where multiple dwelling units or more than
one use are proposed that have different parking standards.
(2)
Circulation plan. This plan shall show access streets
and street names, acceleration/deceleration lanes, access points to
public streets, sight triangles, traffic channelization, easements,
fire lanes, driveways, aisles and lanes, curbs, curb cuts with ramps
for handicapped persons, number and location of parking and loading
spaces (including the designated wider spaces for the handicapped),
loading berths or docks, pedestrian walks and all related facilities
for the movement and storage of goods, vehicles and persons on the
site, and including lights, lighting standards, signs and driveways
within the tract. Sidewalks shall be shown from each entrance/exit
along expected paths of pedestrian travel, such as but not limited
to access to parking lots, driveways, other buildings on the site
and across common yard areas between buildings. Plans shall be accompanied
by cross sections of new streets, aisles, lanes, driveways and sidewalks.
Any expansion plans for the proposed use shall show feasible parking
and loading expansion plans to accompany building expansion.
(3)
Natural resources plan.
(a)
This plan shall show existing and proposed wooded
areas, buffer areas (including the intended screening devices and
buffers), grading at two-foot contour intervals inside the tract and
within 50 feet of its boundaries, seeded and/or sodded areas, ground
cover, restraining walls, fencing, signs, recreation areas, shrubbery,
trees and other landscaping features. This plan shall also show the
location and type of man-made improvements and the location, species
and caliper of plant material and trees to be located on the tract.
The plan shall show how the interior of paved areas, such as parking
lots, shall be landscaped, and all portions of the property not utilized
by buildings or paved surfaces shall be landscaped, utilizing combinations
such as landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and the planting of coniferous
and/or deciduous trees native to the area, in order to maintain or
re-establish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
and landscaping on any site shall be planned for aesthetic, drainage
and erosion control purposes. The grading plan, drainage facilities
and landscaping shall be coordinated to prevent erosion and siltation
as well as to assure that the capacity of any downstream natural or
man-made drainage system is sufficient to handle the water from the
site and contributing upstream areas.
(b)
A separate, written environmental impact report
shall be submitted, which shall comply with the requirements of the
Environmental Impact Statement Ordinance.[2] Maps and data shall be submitted where required by the
Floodways and Flood Hazard Areas Ordinance, Soil Erosion and Sediment
Control Ordinance and the Surface Water Management Ordinance.[3]
(4)
Facilities plan. The plan shall show the existing
and proposed locations of all drainage, open space, common property;
fire, gas, electric, telephone, sewerage and water line locations;
and solid waste collection and disposal methods, including proposed
grades, sizes, capacities and materials to be used for facilities
installed by the applicant. All easements acquired or required on
the tract and across adjacent properties shall be shown, and copies
of legal documentation that support the granting of an easement by
an adjoining property owner shall be included. The method of sanitary
waste disposal shall be shown. All proposed lighting shall be shown,
including the direction, angle, height and reflection of each source
of light. All utilities shall be installed underground.
F.
General purpose. Site plan approval shall be for the
general purpose of enhancing the neighborhood; providing adequate
access to off-street parking and loading facilities for employees,
visitors and residents; providing buffering techniques for safety
and/or aesthetic purposes; preventing uses which violate applicable
state and federal safety and environmental regulations; preserving
floodways and flood hazard areas; and requiring that all raw materials,
fuel, goods-in-process, finished goods, machinery and equipment shall
be housed and/or screened from residential uses.
G.
Final site plan plat. The final plat shall include
all data required on the preliminary site plan plat drawn to incorporate
all changes required as a condition of preliminary approval and drawn
by persons and to specifications as required for a preliminary plat.
