[Amended 3-5-2020 by Ord. No. 2020-5]
Subdividers are urged to prepare sketch plans
for review with the Consolidated Land Use Board of Mansfield Township.
Such sketch plans shall be considered for informal discussion and
shall not constitute official submission. Based on the data on the
plan and information received during the discussion, the Consolidated
Land Use Board of Mansfield Township will advise the subdivider of
the extent to which the proposed subdivision conforms to these regulations
and suggest any modifications which are deemed advisable or necessary
to secure conformance with these regulations where applicable.
A.
An applicant may submit a plan as either a minor subdivision
plan, a major subdivision plan or an industrial subdivision plan.
B.
All applicants shall complete the applicable portions of the checklist contained in Chapter 27, Article III, § 27-30.7, of this Code and submit the same with plans, sketches and other documents relating to the application to the administrative officer, who shall determine if the application is complete within 45 days of the date of submission. In order for an application to be deemed complete, there must be compliance with the checklist provisions previously referred to, and applicants with incomplete applications shall be so notified, setting forth the deficiencies in writing within 45 days of actual submission.
[Amended 10-20-1987 by Ord. No. 1987-20]
C.
After an application has been determined to be complete,
the Consolidated Land Use Board of Mansfield Township shall review
the application and, by majority vote, shall classify the application
plans as either minor, major or industrial. A notation to that effect
shall be made on the application.
[Amended 3-5-2020 by Ord. No. 2020-5]
[Amended 3-5-2020 by Ord. No. 2020-5]
Each application for subdivision approval, where
required pursuant to Section 5 of P.L. 1968, c. 285,[1] shall be submitted by the applicant to the County Planning
Board for review and approval, and the Township Consolidated Land
Use Board of Mansfield Township 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: See N.J.S.A. 40:27-6.3.
A.
The applicant shall submit 10 copies of the complete
application, together with all applicable fees.
B.
The Secretary of the Consolidated Land Use Board of
Mansfield Township shall distribute one copy to each of the following:
all Consolidated Land Use Board of Mansfield Township members, the
Township Engineer, the Construction Official, the Zoning Officer,
the Tax Assessor, the Township Clerk and the Fire Marshal.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
The Consolidated Land Use Board of Mansfield Township, by majority vote of the entire Consolidated Land Use Board of Mansfield Township, shall waive notice and public hearing if the Consolidated Land Use Board of Mansfield Township finds that the application for development conforms to the definition of "minor subdivision" in Article II of this chapter.
[Amended 3-5-2020 by Ord. No. 2020-5]
D.
Minor subdivision approval shall be deemed to be final
approval of the subdivision by the Board, provided that the Board
may condition such approval on terms ensuring the provision of improvements
pursuant to this chapter.
E.
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Consolidated Land Use
Board of Mansfield Township to act within the period prescribed shall
constitute minor subdivision approval, and a certificate of the Secretary
of the Consolidated Land Use Board of Mansfield Township as to the
failure of the Consolidated Land Use Board of Mansfield Township 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.
[Amended 3-5-2020 by Ord. No. 2020-5]
F.
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
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 developer with the county recording officer,
the Municipal Engineer and the Municipal Tax Assessor. Any such plat
or deed accepted for such filing shall have been signed by the Chairman
and Secretary of the Consolidated Land Use Board of Mansfield Township.
In reviewing the application for development for a proposed minor
subdivision, the Consolidated Land Use Board of Mansfield Township
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 with the
provisions of said Act.
[Amended 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
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 on which the resolution of minor subdivision approval is adopted,
provided that the approved minor subdivision shall have been duly
recorded as provided herein.
[Amended 8-13-1992 by Ord. No. 1992-12]
H.
The Consolidated Land Use Board of Mansfield Township may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection F if the developer proves to the reasonable satisfaction of the Consolidated Land Use Board of Mansfield Township 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 Consolidated Land Use Board of Mansfield Township. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
I.
The Consolidated Land Use Board of Mansfield Township
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 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
agencies and that the developer applied promptly for and diligently
pursued the required approvals. The developer shall apply for the
extension before what would otherwise be the expiration date of minor
subdivision approval or before the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later.
[Added 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
A.
The applicant shall submit 13 blueprints with the
complete application, together with all applicable fees.
[Amended 10-20-1987 by Ord. No. 1987-20]
B.
The Secretary of the Consolidated Land Use Board of
Mansfield Township shall distribute one copy to each of the following:
all Consolidated Land Use Board of Mansfield Township members, the
Township Engineer, the Township Planner, the Construction Official,
the Zoning Officer, the Fire Marshal and the Tax Assessor.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
Time for decision.
[Amended 3-5-2020 by Ord. No. 2020-5]
(1)
Upon the submission of a complete application for
a subdivision of 10 or fewer lots, other than a minor subdivision
as defined in this chapter, the Consolidated Land Use Board of Mansfield
Township shall grant or deny preliminary approval within 45 days of
the date of such submission or within such further time as may be
consented to by the developer.
(2)
If the application for subdivision approval also involves
an application for relief pursuant to Section 57c of P.L. 1975, c.
291,[1] the Consolidated Land Use Board of Mansfield Township
shall grant or deny preliminary approval within 95 days of the date
of submission of a complete application or within such further time
as may be consented to by the applicant. Whenever relief is requested
pursuant to this subsection, notice of a hearing on the application
for development shall include reference to the request for a variance
or direction for issuance of a permit, as the case may be.
[1]
Editor's Note: See N.J.S.A. 40:55D-70c.
(3)
Upon the submission of a complete application for
a subdivision of more than 10 lots, the Consolidated Land Use Board
of Mansfield Township 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.
(4)
Failure of the Consolidated Land Use Board of Mansfield
Township to reach a decision within the specified time periods or
extensions thereof shall result in the approval of the application,
and a certificate of the administrative officer as to the failure
of the Consolidated Land Use Board of Mansfield Township to act shall
be issued on request of the applicant.
D.
Public hearing. A public hearing in accordance with
Sections 6 and 7 of P.L. 1975, c. 291,[2] shall be held on all applications for preliminary approval.
The date set for the hearing shall be given to the applicant after
consultation with the Consolidated Land Use Board of Mansfield Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
[2]
Editor's Note: See N.J.S.A. 40:55D-10 and
55D-11.
E.
Plan amendments. If the Consolidated Land Use Board
of Mansfield Township requires any substantial amendment in the layout
of improvements proposed by the developer that have 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. Documents and plans not needing revisions need not be
resubmitted except if required by the Consolidated Land Use Board
of Mansfield Township. The Consolidated Land Use Board of Mansfield
Township shall, if the proposed development complies with this chapter,
grant preliminary subdivision approval.
[Amended 3-5-2020 by Ord. No. 2020-5]
F.
Township Engineer review. The Township Engineer shall
forward to the Secretary of the Consolidated Land Use Board of Mansfield
Township a written report stating the design adequacy of all proposed
improvements, including but not limited to streets, utilities, grading
and drainage, together with any recommendations for improvement or
modification.
[Amended 3-5-2020 by Ord. No. 2020-5]
G.
Disapproval of preliminary plat. If the preliminary
plat is disapproved, one copy of the plat shall be returned to the
applicant, together with a copy of the resolution explaining the reasons
for denial. The applicant may resubmit a major subdivision for preliminary
approval as a new application in accordance with the requirements
of this chapter, including the payment of additional fees, after modifying
the application to conform with the requirements of the disapproval
letter.
H.
Approval of preliminary plat. If the Consolidated
Land Use Board of Mansfield Township acts favorably on a preliminary
plat, the plat shall be revised by the applicant to reflect all conditions
of approval. Six copies of the revised plat shall be submitted to
the Township Engineer, who shall review the revised plat for compliance
with all conditions. The plat, if acceptable, shall be certified by
the Township Engineer as conforming to the approval resolution, and
he shall submit one copy each to the Consolidated Land Use Board of
Mansfield Township Secretary and Construction Official and two copies
to the applicant and shall retain two copies.
[Amended 3-5-2020 by Ord. No. 2020-5]
I.
Effect of preliminary approval. Preliminary approval
of a major subdivision shall confer upon the applicant for a period
of three years from the date on which the resolution of preliminary
approval is adopted the rights enumerated in Section 37 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-49); provided, however, that whenever the
Consolidated Land Use Board of Mansfield Township grants an extension
of preliminary approval pursuant to said act 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. The Consolidated Land Use
Board of Mansfield Township 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 the 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 preliminary approval or before 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 Consolidated
Land Use Board of Mansfield Township from granting an extension pursuant
to N.J.S.A. 40:55D-49c or d. Notwithstanding the foregoing, any approvals
granted under this subsection shall expire if an application for final
approval is not submitted on or before the expiration date of preliminary
approval of the whole or a section or sections of the preliminary
subdivision. Failure of an applicant or developer to submit an application
for final approval within three years of the grant of preliminary
approval, and any extensions granted beyond that initial period, shall
result in the expiration and invalidation of the preliminary approval.
No application for final approval of a subdivision shall be considered
unless it has been submitted prior to the expiration date of the preliminary
approval.
[Added 8-13-1992 by Ord. No. 1992-12; amended 6-25-2003 by Ord. No. 2003-7; 3-5-2020 by Ord. No. 2020-5]
A.
The applicant shall submit 10 blueprints with the
complete application, together with all applicable fees.
[Amended 10-20-1987 by Ord. No. 1987-20]
B.
The Secretary of the Consolidated Land Use Board of
Mansfield Township shall distribute one copy to each of the following:
all Consolidated Land Use Board of Mansfield Township members, the
Township Engineer, the Township Planner, the Construction Official,
the Zoning Officer, the Fire Marshal and the Tax Assessor.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
Township Engineer review. The Township Engineer shall
forward to the Secretary of the Consolidated Land Use Board of Mansfield
Township a written report as to the compliance of the final plat with
all engineering requirements of this chapter.
[Amended 3-5-2020 by Ord. No. 2020-5]
D.
Time for decision.
(1)
The reviewing board shall grant final approval if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and the
standards prescribed by the Map Filing Law, P.L. 1960, c. 141.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application or within such further
time as may be consented to by the applicant. Failure of the Consolidated
Land Use Board of Mansfield Township to act within the period prescribed
shall constitute final approval of the application for final approval
as submitted, and a certificate of the Secretary of the Consolidated
Land Use Board of Mansfield Township as to failure of the Consolidated
Land Use Board of Mansfield Township to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other required evidence of approval.
[Amended 3-5-2020 by Ord. No. 2020-5]
E.
Disapproval of final plat. If the final plat is disapproved,
one copy of the plat shall be returned to the applicant, together
with a letter from the Consolidated Land Use Board of Mansfield Township
Secretary explaining the reason for denial. The applicant may resubmit
a major subdivision for final approval as a new application in accordance
with the requirements of this chapter, including the payment of additional
fees, after modifying the application to conform to the requirements
of the disapproval letter.
[Amended 3-5-2020 by Ord. No. 2020-5]
F.
Approval of final plat and bonding estimate. If the
Consolidated Land Use Board of Mansfield Township acts favorably on
a final plat, the plat shall be revised by the applicant to reflect
all conditions of approval. Six blueprints, one original tracing,
one Mylar and two linens of the revised plat shall be submitted to
the Township Engineer, who shall review the revised plat for compliance
with all conditions. The plat, if accepted, shall be signed and approved
by the Township Engineer. The Township Engineer shall also prepare
an estimate of improvement costs for bonding purposes. The bonding
estimate and two copies of the final plat shall be sent to the applicant.
Two copies and the reproducibles shall be sent to the Consolidated
Land Use Board of Mansfield Township Secretary.
[Amended 3-5-2020 by Ord. No. 2020-5]
G.
Performance guaranty.
(1)
Before recording of final subdivision plats, the Consolidated Land Use Board of Mansfield Township shall require the posting of adequate performance guaranties in keeping with the estimate of improvement costs as prepared by the Township Engineer and in accordance with the provisions of Article VI.
[Amended 3-5-2020 by Ord. No. 2020-5]
(2)
Said performance guaranty shall have been reviewed
and have the approval of the Township Solicitor as to both form and
amount.
(3)
In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required for such utilities or improvements.
(4)
The time limit on the installation of the required
improvements under the performance guaranty shall not exceed 24 months
from the date of posting.
H.
Filing of final plats.
[Amended 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
(1)
Final approval of a major subdivision shall expire
95 days from the date of final approval of the plat, unless within
such period the plat shall have been duly filed by the developer with
the county recording officer. The Consolidated Land Use Board of Mansfield
Township may, for good cause shown, extend the period for recording
for an additional period not to exceed 190 days from the date of final
approval of the plat. The Consolidated Land Use Board of Mansfield
Township 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 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 Consolidated Land Use Board of Mansfield Township. The developer
may apply for an extension either before or after the original expiration
date.
(2)
Final approval of a major subdivision shall be evidenced
by affixing to the plat the signature of the Chairman and Secretary
of the Consolidated Land Use Board of Mansfield Township or a copy
of the certificate of the Secretary of the Consolidated Land Use Board
of Mansfield Township indicating that the Consolidated Land Use Board
of Mansfield Township failed to reach a decision on the subdivision
application within the prescribed time. The signatures of the Chairman
and Secretary of the Consolidated Land Use Board of Mansfield Township
shall not be affixed until the developer has posted the guaranties
required pursuant to this chapter. The plan shall be dated with the
date when the Board took action and not the date when the plans were
signed. The applicant's time period for filing the final plat shall
commence with the date when action was taken by the Board, which date
shall be deemed the date of final approval.
I.
Effect of final approval. The zoning requirements
applicable to the preliminary approval first granted and all other
rights conferred upon the developer, whether conditionally or otherwise,
shall not be changed for a period of two years after the date on which
the resolution of final approval is adopted, provided that, in the
case of a major subdivision, the rights conferred hereby shall expire
if the plat has not been duly recorded within the time period provided
in Section 42 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-54).
[Added 8-13-1992 by Ord. No. 1992-12]
J.
Extensions of approval. Whenever the Consolidated
Land Use Board of Mansfield Township grants an extension of final
approval pursuant to the provisions of this section and general law
and final 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. The Consolidated
Land Use Board of Mansfield Township 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. A developer shall apply
for the extension before what would otherwise be the expiration date
of final approval or before 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 Consolidated Land Use Board of Mansfield Township
from granting an extension pursuant to N.J.S.A. 40:55D-52a and b.
[Added 8-13-1992 by Ord. No. 1992-12; 3-5-2020 by Ord. No. 2020-5]
A.
Phases of review. All industrial subdivisions shall comply with § 50-5 dealing with classification, § 50-8 dealing with preliminary plat approval and § 50-9 dealing with final approval as to its initial application. Said initial application should show the perimeter of the tract, improvements to be made and all design specifications, and in addition the plat should also indicate the type of industry and if there is any noise, smell, dust, tar, or other deleterious product or by-products and how the public would be protected therefrom.
B.
Standards of review. Rearrangement or creation of
an interior lot line, additional improvements or relocation of initial
improvements and any other matter pertaining to development of the
tract within the perimeter boundaries shall be handled by the same
procedure as minor subdivisions are handled, regardless of the number
of lots involved or the number of subdivisions that the applicant
makes, provided that each interior subdivision meets the following
criteria:
(1)
Does not involve the extension of any municipal facilities.
(2)
Does not front on any major street.
(3)
Does not, in the opinion of the Consolidated Land
Use Board of Mansfield Township, adversely affect the development
of the remainder of the parcel.
[Amended 3-5-2020 by Ord. No. 2020-5]
(4)
Does not, in the opinion of the Consolidated Land
Use Board of Mansfield Township, adversely affect adjoining property.
[Amended 3-5-2020 by Ord. No. 2020-5]
(5)
Does not adversely affect the present or future development
of the Township.
[Amended 3-5-2020 by Ord. No. 2020-5]
The Consolidated Land Use Board of Mansfield
Township, when acting upon applications for preliminary or minor subdivision
approval, shall have the power to grant such exceptions from the requirements
for subdivision approval as may be reasonable and within the general
purpose and intent of the provisions for subdivision review and approval
of this chapter, if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Amended 3-5-2020 by Ord. No. 2020-5]
The Consolidated Land Use Board of Mansfield
Township shall have the power to review and approve or deny conditional
uses and site plans simultaneously with review for subdivision approval
without the developer being required to make further application to
the Consolidated Land Use Board of Mansfield Township or the Consolidated
Land Use Board of Mansfield Township being required to hold further
hearings. The longest time period for action by the Consolidated Land
Use Board of Mansfield Township, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
[Amended 3-5-2020 by Ord. No. 2020-5]
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Consolidated Land Use Board of Mansfield Township shall be
accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such
application, or if it is shown that taxes or assessments are delinquent
on said property, any approvals or other relief granted by the Board
shall be conditioned upon either the prompt payment of such taxes
or assessments or the making of adequate provision for the payment
thereof in such manner that the municipality will be adequately protected.
A.
Any person desiring to subdivide property in any residential
zone for single-family home lots may elect to apply to the approving
authority for a major subdivision under the following reduced improvement
requirements of this section, with all other major subdivision requirements
applying. The approving authority shall examine each request to determine
whether it meets the following minimum standards and requirements.
B.
Every lot in the development shall have a minimum
area of six acres.
C.
Each lot shall have a minimum frontage of 300 feet
and a minimum depth of 500 feet.
D.
The development will not adversely affect the development
of adjacent or adjoining property.
E.
The proposed local streets will not interconnect with
existing or proposed streets of higher classifications to form continuous
routes. They will be designed to discourage any through traffic, will
have the exclusive function of providing access to properties abutting
the proposed street and will follow the contours of the land to the
greatest extent possible.
F.
If it is determined by the approving authority that
the proposed development conforms with the standards established for
rural residential development, the following reduction in standards
and improvements for the local streets will be allowed.
(1)
The right-of-way width for all local streets which
are entirely within the subdivision shall be 50 feet.
(2)
The pavement width for all such local streets shall
be reduced to 24 feet, with a stabilized grass shoulder 13 feet in
width on each side.
(3)
Subject to approval by the approving authority in
each specific case, surface stormwater drainage may be carried in
open ditches outside the right-of-way of the local streets or other
suitable drainage structures within the right-of-way as may be approved
by the Municipal Engineer.
(4)
Curbs or gutters shall not be required except where
excessive grades or other conditions require their installation.
(5)
Sidewalks shall not be required.
(6)
Streetlighting requirements may be relaxed or eliminated.
(7)
There shall be no parking on the street.
(8)
Trash pickup points shall be along the street.
G.
The developer shall submit to the approving authority
for approval covenants and restrictions which shall run with and bind
the land and, after approval of said covenants and restrictions by
the approving authority, shall record same prior to sale of any parcel.
Said covenants and restrictions shall run with and bind the land for
a term of 20 years from the date of recording, after which time they
shall be automatically extended for successive periods of 10 years.
Any owner of lands within the subdivision or the municipality, by
action taken by the governing body, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions,
covenants and reservations. Failure to enforce any covenant or restriction
shall in no event be deemed a waiver of the right to do so thereafter.
The recorded covenants and restrictions shall state that all property
in the subdivision shall be used, improved and devoted exclusively
to residential and/or agricultural use and that no lot within the
subdivision shall be further subdivided or separated into smaller
lots by any owner, and no portion less than all of any such lot, nor
any easement or other interest therein, shall be conveyed or transferred
by an owner. The covenants and restrictions shall also include those
provisions as required by the subsection below.
H.
Any resubdivision of approved lot(s) created under
these standards providing for additional lot(s) or lot(s) having an
area of less than six acres or any application resulting in any change
in use shall be conditioned upon the widening of the street to full
width in accordance with current street standards, an evaluation of
the need for piped surface water drainage facilities, installation
of curbs, gutters and sidewalks along all streets of the subdivision,
installation of streetlighting in accordance with current developmental
standards and compliance with all other development regulations. Any
and all additional improvements shall be at the expense of the developer.
These conditions shall apply to all local streets constructed under
these reduced requirements in the circulation pattern effected by
the lot(s) in question, as well as the complete drainage system serving
the lot(s) in question. The developer shall include these provisions
as deed restrictions in the deeds associated with the lots originally
subdivided in accordance with these reduced standards.
