Any applicant wishing to subdivide or resubdivide
land within the Township of Washington shall apply for and obtain
the approval of the Planning Board in accordance with the following
procedure. The applicant or his agent shall appear at all regular
meetings of the Planning Board whenever the application is being considered.
Failure to appear shall constitute withdrawal without prejudice; provided,
however, that the Board may waive said failure to appear for good
cause shown. The Planning Board may act on minor subdivisions without
the applicant or his agent being present.
[Amended 6-18-1979 by Ord. No. 56-79; 2-18-1980 by Ord. No. 2-80; 8-18-1986 by Ord. No. 26-86]
A.
Procedure. An applicant for the subdivision of land may submit to the Planning Board Clerk an application for subdivision, the required application fee as specified in § 175-11 herein and sufficient copies of a sketch plat and reverse line sepia containing the information required in Article V, Plat Details.
B.
Recommendation. After review, the Planning Board may
make recommendations to the developer as to the suitability of the
proposed development or, if alternate proposals are offered, which
proposal is preferred.
[Added 8-18-1986 by Ord. No. 26-86]
A.
C.
The Planning Board or the Minor Subdivision Committee shall have the authority to approve a minor subdivision without the necessity of such referral to other agencies as may be designated pursuant to Subsection A(6).
D.
In order to facilitate review of subdivisions, the
applicant or his representative must be available to walk the tract
with the representative of the Planning Board or Minor Subdivision
Committee or, alternatively, must have all boundaries and proposed
boundaries clearly marked so that they may be readily ascertained
by such representatives.
E.
Action.
(1)
The Planning Board or the Minor Subdivision Committee
shall not approve or conditionally approve the minor subdivision until
either receipt of comments by the above agencies or officials or the
lapse of 30 days from referral without any comments, whichever comes
first.
(2)
Where there is a question of the suitability of a
lot or lots for their intended use due to factors such as rock formations,
soil conditions, steep slopes, streams, watercourses, flood conditions,
high-water table and/or other environmentally sensitive factors, the
Planning Board or the Minor Subdivision Committee may require the
applicant to submit information satisfactory to it on any or all of
the above factors. Upon receipt and review of the above information,
it shall have the right to grant approval conditional on one or all
of the following:
(a)
Compliance with specific actions to render the
lot(s) suitable for the intended use.
(b)
Compliance with specific drainage and/or conservation
easements restricting portions of the lot(s) from the intended use.
(c)
Compliance with construction and/or design techniques
which would render the proposed structure compatible with the specific
unsuitability factor, including but not limited to slab construction
or foundation piling.
(3)
If approved, a notation to that effect shall be made on the plat, and it shall be signed by the Chairman of the Planning Board or Minor Subdivision Committee and the Planning Board Clerk and returned to the subdivider when the provisions of Subsection H have been met. No approval shall be granted unless the applicant secures a statement from the Tax Collector that all taxes have been paid to date on the property. If rejected, the reasons for rejection shall be set forth in the resolution of denial.
F.
Filing with County Recording Officer. If approved
as a minor subdivision, a plat drawn in compliance with Chapter 141
of the Laws of 1960[1] or a deed stamped with the date of Planning Board approval
shall be filed with the county recording officer within 190 days from
the date of approval. Failure to file within 190 days shall void said
subdivision approval.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
G.
Lands resulting from subdivisions. Any lands, lots
or parcels resulting from a minor subdivision, including remaining
lands, shall not be resubmitted as a minor subdivision for a twenty-four-month
period from the date of final approval as a minor subdivision.
H.
Approved minor subdivisions; municipal distribution.
Before the Planning Board Clerk returns any approved minor subdivision
to the subdivider, the applicant shall provide the Clerk with a certificate
of filing from the County Clerk's office. The Clerk shall distribute
copies of the approved subdivision to each of the following:
I.
Planning Board action. The Planning Board or Minor
Subdivision Committee shall grant or deny a minor subdivision within
45 days after submission of a complete application to the Planning
Board Clerk or within such time as may be consented to by the applicant.
J.
Effect of minor subdivision approval. The granting
of minor subdivision approval shall guarantee that 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.
K.
Developer's agreement. The Planning Board may require,
as a condition of subdivision approval, that the developer enter into
an agreement with the Township with regard to compliance with Township
ordinances and such other matters, including but not limited to the
installation of any public improvements which may be required pursuant
to the resolution of subdivision approval. The developer's agreement,
which shall be drafted by the Township Attorney, shall be executed
by all parties and accepted by the Township Committee prior to the
commencement of any construction.
[Added 12-21-1998 by Ord. No. 42-98]
A.
Submission. Legible prints of the plat containing all data required in Article V, Plat Details, together with application forms and checklist for preliminary approval, and all appropriate fees as required in § 175-11 herein shall be submitted to the Planning Board Clerk at least two weeks prior to the regular Planning Board meeting at which it is to be considered. The Planning Board shall determine at that meeting whether a complete application with all required exhibits has been submitted. If not, the applicant shall be so notified, in writing, by the Planning Board Clerk within 45 days of the original submission of said application.[1]
[Amended 11-18-1996 by Ord. No. 30-96]
[1]
Editor's Note: Former Subsection 16-5.3b,
Exhibits Required with Preliminary Plat, which immediately followed
this subsection, was repealed 11-18-1996 by Ord. No. 30-96.
B.
Distribution. Copies of the preliminary plat and exhibits
shall be forwarded immediately upon receipt to the following persons:
[Amended 11-18-1996 by Ord. No. 30-96]
(1)
The Township Engineer.
(2)
The Township Planner.
(3)
The Township Board of Health.
(4)
The Township Construction Code Official.
(5)
The County Planning Board.
(6)
The Subdivision Committee.
(7)
The Municipal Utilities Authority.
(8)
The Police Department.
(9)
The Fire Department.
(10)
The Township Environmental Consultant.
(11)
Any other official or agency which may be affected
by the proposed subdivision or required to be notified by law.
C.
Review. The officials and agencies cited in Subsection B shall forward their views and recommendations, in writing, to the Planning Board within 30 days from the receipt of the plat. The preliminary plat shall be referred to the Subdivision Committee for review and recommendations. The Subdivision Committee may recommend certain changes based on their review and the comments of other officials and agencies. A full report of all meetings, recommendations and discussions shall be forwarded to the Planning Board within 30 days after receipt of the plat by the Committee.
[Amended 11-18-1996 by Ord. No. 30-96]
D.
Notice of public hearing. After all comments have been received, or after 30 days have elapsed, and after the applicant has revised the plat to meet required changes, the Planning Board shall, after a review of said plat and if all requirements are met and said application is complete, set the date for the public hearing in accordance with Article III, Hearings, Notices, Decisions and Appeals, and shall notify the subdivider of such date.
[Amended 11-18-1996 by Ord. No. 30-96]
E.
Exhibits required prior to scheduling of public hearing.
Prior to scheduling the public hearing, the following shall be submitted
to the Planning Board by the applicant:
[Amended 5-18-1981 by Ord. No. 16-81; 11-18-1996 by Ord. No. 30-96]
(1)
Water supplier. Where public water is proposed for
the subdivision, the applicant shall submit a letter from the water
supplier stating that the water system, as proposed, is adequate for
the development and all future extensions thereof. The letter shall
state the present number of users expressed in equivalent single family
homes, the present safe daily yield of the system, the expected demand
by the development on the system, the current demand of existing users,
and the remaining safe daily yield of the system at the minimum sustained
pressure specified by the fire underwriters.
(2)
Fire Department. Where public water is proposed for
the subdivision, the applicant shall submit a letter from the Fire
Department signed by the Chief of the Department stating that the
proposed waterlines and fire hydrants are adequate for protection
from fire in the proposed development and that the type of hydrant
to be installed has been approved by them.
(3)
Municipal Utilities Authority. A letter from the Municipal
Utilities Authority approving any proposed connections to the public
sewage disposal system. The letter shall indicate the present number
of users, expressed in equivalent single-family homes, the present
daily flow, the total capacity of the system and the decrease in excess
capacity as a result of the development.
F.
Time limitation.
(1)
The Planning Board shall act on the plat within 45
days after submission of a complete application including all fees,
maps and exhibits for 10 or fewer lots and within 95 days for a subdivision
of more than 10 lots. If the application for development is found
to be incomplete, the developer shall be notified within 45 days of
submission or it shall be deemed to be properly submitted. Failure
of the Planning Board to act within the above time periods or within
a time extension mutually agreed upon shall be considered an approval.
If the Planning Board disapproves a plat, the reasons for the disapproval
shall be communicated, in writing, to the applicant within 10 days
of the date of the decision and advertised. No action shall be taken
until receipt of County Planning Board review or until 30 days have
elapsed from date of referral to the county.
(2)
If substantial changes or amendments are required
as a result of the public hearing or of the Planning Board deliberations,
the applicant may be required to resubmit the plat for preliminary
approval.
G.
Planning Board action. The Planning Board shall approve,
conditionally approve or reject the application. Approval or conditional
approval confers upon the applicant the following rights for a three-year
period from the date of approval or conditional approval:
(1)
That 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,
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.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat.
(3)
Other required approvals. If either the Planning Board
or County Planning Board disapproves a plat, the reasons for disapproval
shall be remedied prior to further consideration. If approval is required
by any other officer or public body, the same procedure as applies
to submission and approval by the County Planning Board shall apply.
The Planning Board may grant conditional approval subject to the subsequent
approval of other officers or public bodies.
(4)
Signatures. If the Planning Board favorably acts and
grants preliminary approval, the Chairman and Secretary of the Planning
Board shall affix their signatures to the plat with a notation that
it has received preliminary approval and shall return the same to
the subdivider for compliance with final approval requirements. Where
conditional approval is granted, the Chairman and the Secretary of
the Planning Board shall affix their signatures to the plat only when
all conditions required for approval have been met.
H.
Extension.
(1)
The applicant may apply for and the Planning Board
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.
(2)
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection G above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the above factors, provided that if the design standards have been revised, such revised standards may be required by the Planning Board.
I.
Modification of general terms and conditions of preliminary
subdivision approval.
[Added 8-16-1982 by Ord. No. 19-82]
(1)
The following design standards, improvements designed
pursuant to the same and improvements (among others) are specifically
found to be related to and required for the protection of public health
and safety: those set forth in:
(2)
The general terms and conditions of all preliminary subdivision approvals prior to any date of enactment or modification of any section referred to in Subsection I(1) above are hereby modified to require improvements and measures to conform to such sections. This section shall not apply to subdivisions which have heretofore received final subdivision approval.
J.
Developer's agreement. The Planning Board may require,
as a condition of preliminary subdivision approval, that the developer
enter into an agreement with the Township with regard to compliance
with Township ordinances and such other matters, including but not
limited to the installation of any public improvements which may be
required pursuant to the resolution of preliminary subdivision approval.
The developer's agreement, which shall be drafted by the Township
Attorney, shall be executed by all parties and accepted by the Township
Committee prior to the commencement of any construction.
[Added 12-21-1998 by Ord. No. 42-98]
A.
Submission.
(1)
The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided in § 175-22I.
(2)
One original tracing, one translucent cloth copy, two cloth prints and 10 black-and-white prints with three copies of an application for final approval and the appropriate fees as required in § 175-11 herein shall be submitted to the Planning Board Clerk at least two weeks prior to the regular meeting of the Planning Board.
(3)
The final plat, detailed drawings, specifications and estimates shall have incorporated all changes required by the Board, including conditions of preliminary approval and all changes required by § 175-22J. The applicant shall submit a statement indicating the required changes, if any, and that the final plat, detailed drawings, specifications and estimates comply with the following sections as amended to date:
[Amended 8-16-1982 by Ord. No. 19-82]
(4)
There shall also be submitted to the Planning Board
an original and two copies of an affidavit, signed and sworn to by
the applicant, that the final plat is drawn and presented exactly
the same as the preliminary plat approved by the Planning Board, and
if there are any changes, all such changes shall be set forth in the
affidavit as exceptions to the general statement.
B.
Exhibits required prior to final approval. The following
exhibits shall constitute part of the application for final approval,
in addition to any other exhibits that may have been required by the
Board as a condition of final approval:
(1)
Township Engineer. A letter from the Township Engineer
indicating:
(a)
That the Engineer is in receipt of a map showing
all utilities in exact location and elevation identifying those portions
already installed and those to be installed.
(b)
That the installation or construction of improvements
has been accomplished in accordance with the requirements of this
chapter and Township specifications.
(c)
In the event that improvements remain to be
installed or constructed, the Township Engineer shall submit to the
Planning Board a copy of the letter to the Township Clerk listing
the improvements and costs thereof to be covered by a performance
guaranty.
(d)
All items and amounts required for the corporate
surety maintenance guaranty.
(e)
That the final plat conforms to the preliminary
plat as submitted and approved.
(2)
Board of Health. Letter from the Township Board of Health stating that for each proposed lot, percolation tests meeting all standards of § 175-27; and Board of Health requirements have been performed and acceptable soil log and other data required by said section have been received.
[Amended 10-19-1981 by Ord. No. 36-81]
(3)
Tax Collector. That all taxes have been paid to date
on the property.
(4)
Clerk.
(a)
A letter from the Township Clerk indicating
that the amount, form and content of the performance guaranty has
been accepted by the governing body and that a developer's agreement
has been properly executed.
(b)
A letter from the Township Clerk, where appropriate, pursuant to § 175-38 of this chapter, that moneys as provided therein have been paid the Township as reimbursal for construction inspection costs incurred since preliminary approval.
(c)
That deeds have been received, free and clear
of all mortgages and encumbrances, for land or improvements to be
turned over to the Township.
(d)
A letter indicating that a maintenance agreement
for all completed and accepted improvements has been posted and accepted.
(e)
The Planning Board may require some or all of
the above information in conjunction with preliminary approval or
as a precondition for final plat execution.
[Added 10-19-1981 by Ord. No. 36-81]
C.
Distribution. Copies of the final plat shall be distributed
to the following:
(1)
The Planning Board Clerk.
(2)
The Township Engineer.
(3)
The Township Construction Official.
(4)
The Township Tax Assessor.
(5)
The County Planning Board.
(6)
The Township Board of Health and/or Municipal Utilities
Authority.
(7)
Other municipal and county agencies or authorities
as may be required.
D.
Review. No action shall be taken until such time as
the above officials review said plat or 30 days has elapsed from date
of referral.
E.
Time limitation.
(1)
The Planning Board shall act within 45 days of submission
of a completed application, at a regular meeting, or within such further
time as may be mutually agreed upon. If the Planning Board approves
the final plat, a notation to that effect shall be made on each plat
and signed by the Chairman and Secretary of the Planning Board.
(2)
Failure of the Planning Board to act within the allotted
time or a mutually agreed-upon extension shall be deemed to be favorable
approval, and the Township Clerk shall issue a certificate to that
effect.
F.
County Planning Board. Any plat which requires County
Planning Board approval pursuant to N.J.S.A. 40:27-6 2 shall be forwarded
to the County Planning Board for its action. The Planning Board may
grant final approval subject to approval by the County Planning Board.
G.
Filing.
(1)
The final plat approval shall be filed by the subdivider
with the county recording officer within 95 days from the date of
such approval. If any final plat is not filed within that period,
the approval shall expire. For good cause shown, the Planning Board
may extend the period for filing for an additional period not to exceed
190 days from the date of signing of the plat.
(2)
No plat shall be accepted for filing by the Clerk
of the County of Morris unless it has been duly approved by the Township
of Washington Planning Board and signed by its Chairman and Secretary.
H.
Effect of final approval. The granting of final approval
shall confer upon the applicant that the zoning requirements applicable
to the preliminary approval first granted and all other rights conferred
upon the developer, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval;
provided, however, that these rights shall expire if the plat has
not been duly recorded within the prescribed time period.
I.
Extensions.
(1)
If the developer has followed the standards prescribed
for final approval and has duly recorded the plat as required by this
chapter, the Planning 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 for the section
granted final approval.
(2)
In the case of a subdivision for 150 acres or more, the Planning Board may grant the rights referred to in § 175-23H of this chapter for such period of time longer than two years as shall be determined by the Planning Board 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 Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the above factors.
J.
Developer's agreement. The Planning Board may require, as a condition of final subdivision approval, that the developer enter into an addendum to the developer's agreement executed at the time of preliminary approval pursuant to § 175-22J of this chapter. The addendum agreement, which shall be drafted by the Township Attorney, shall be executed by all parties and accepted by the Township Committee prior to the exercise by the developer of any rights conferred by final subdivision approval.
[Added 12-21-1998 by Ord. No. 42-98]
