A.
A preliminary plat and the supporting documents for
a proposed subdivision constitute the material to be officially submitted
to the approving authority. They shall show the general terms and
conditions of the subdivision and its public improvements so that
the approving authority can indicate its approval or disapproval of
the subdivision prior to the time that the final plat, including the
design and detailing of the public improvements and utilities, is
completed. Approval of the preliminary plat shall not constitute an
approval of the final plat, nor should it be considered a valid basis
for the construction of site improvements nor for other commitments
which depend upon its design characteristics.
B.
When revision of a preliminary plat is made, 10 prints
of the revised preliminary plat shall be filed upon resubmission,
so that the files of the approving authority and other Township official
will be current.
C.
The preliminary plat shall serve as a key map to subdivisions
subsequently laid out in sections on separate final plats.
D.
All preliminary plats shall be prepared in accordance
with the detail requirements of this chapter and be designed in accordance
with the design and performance standards, zoning provisions and other
requirements.
The preliminary plat shall be submitted to the
administrative officer. The submission shall include the following:
A.
The Municipal Engineer shall review the submittal
to determine the extent of its completeness and shall report his findings
to the Board. The Board, at its next regular meeting, shall make a
determination as to whether the application is complete, and, if found
to be so, shall notify the applicant and proceed with its review.
If the application for development is found to be incomplete, the
developer shall be notified thereof by the clerk of the Board within
45 days of submission of the application to the administrative officer,
or it shall be deemed to be properly submitted.
B.
Upon determining that the application has been properly
submitted, the Township Engineer shall also prepare and submit a report
to the Planning Board, indicating the extent of compliance with the
design regulations of these land use chapters and other such standards
as may be appropriate.
[Amended 6-10-2015 by Ord. No. 2015-07]
A.
Time for approval. Upon submission of a complete application
for a subdivision of 10 or fewer lots, the approving authority 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. Upon submission of a complete application for subdivision
of more than 10 lots, the approving authority shall grant or deny
preliminary approval within 95 days of the date of 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.
C.
Hearing. The subdivider shall give public notice of the hearing on the application, pursuant to the requirements of § 360-15 and as provided by N.J.S.A. 40:55D-12. A hearing shall be scheduled by the approving authority secretary and held not less than 10 days prior to the date the approving authority is required to act pursuant to the terms of this chapter and the Municipal Land Use Law,[1] including any extensions of time which may be consented
to by the applicant. The applicant shall be advised of the hearing
date at least 20 days prior thereto. Such hearing shall be conducted
in accordance with the provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
County Planning Board review. Whenever review or approval
of the application by the County Planning Board is required, the 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.
E.
Environmental Commission review. The Environmental
Commission shall provide an advisory review. However, the absence
of such review shall not delay the time for required action.
A.
A copy of the action taken by the approving agency
shall be forwarded to the applicant, or his representative who appeared
for him, within 10 days of the hearing, to the Township Clerk and
engineer. Each decision shall be in writing and shall include findings
of fact and conclusions based thereon.
B.
If the approving authority approves the preliminary
plat, and all conditions have been met, the chairman shall sign the
preliminary plat original with a notation that it has received approval.
The plat original shall then be returned to the applicant for compliance
with final plat approval requirements as provided in this chapter;
provided that prior to the return of the original tracing, the applicant
shall have provided the engineer with a complete set of mylar or other
suitable base reproducibles of the preliminary plat.
[Amended 11-10-2020 by Ord. No. 2020-13]
Publication of decision. A brief notice of the decision shall be published in the manner provided in § 360-14I.
Approval of the preliminary plat shall expire
three years after the date of such formal action, except that in cases
of 50 acres or more, extensions may be granted, pursuant to N.J.S.A.
40:55D-49d, its amendments and supplements thereto.
Approval of the preliminary plat confers upon
the subdivision applicant the following rights for a three-year period
from date of approval:
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,
except that nothing herein shall be construed to prevent the Township
from modifying by ordinance such general terms and conditions of preliminary
approval as may be related 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 subdivision plat.
C.
The applicant may apply for and the approving authority
may grant extension of 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 shall govern.
D.
In the case of a subdivision for an area of 50 acres or more, the approving authority may grant rights referred to in Subsection A, B, or C hereinabove 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, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter, and the approving authority may thereafter grant, an extension of preliminary 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 preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards shall govern.
[Amended 2-24-1999 by Ord. No. 99-05; 5-9-2007 by Ord. No.
2007-5]
If the developer has not supplied the water testing certifications required by § 413-4 of Code of the Township of Mansfield for each lot proposed as part of the preliminary subdivision application, the approving authority shall condition any preliminary subdivision approval which is granted on the subsequent compliance by the developer or the developer's successors and assigns with the requirements of that section, provided that the developer has provided the Board with the groundwater studies required by § 361-54B. The approved preliminary subdivision plat and the resolution memorializing the approval shall contain the following language:
"Potable water supply for this subdivision may be provided by individual on-lot wells. Approval of this subdivision is not based on any determination of the adequacy of the yield, recovery, rate, or water quality of any well to be placed on any lot. No construction permit shall be issued for the construction of a new residential structure on this property unless the Mansfield Township Board of Health, acting through its agent the Warren County Health Department, has certified that either: (a) the structure will be connected to an approved public water system; or (b) a well or wells are located and operating on the lot which have been tested and provide sufficient yield and recovery rates to satisfy the requirements of §§ 413-5 and 413-6 of the Code of the Township of Mansfield.
"No certificate of occupancy shall be issued for any new residence on this property unless the Mansfield Township Board of Health, acting, through its agent the Warren County Health Department, has certified that the water supplied by the water system serving the residence has been tested and meets the water quality requirements of § 413-7 of the Code of the Township of Mansfield.
"In the event yield or recovery rates do not
meet established standards, multiple wells may be required on a single
lot, or the developer may be required to reconfigure the lots as shown
on the preliminary plat so that each lot shall have a water system
that meets established standards.
"In the event the water system to be installed
on any lot does not provide water which meets established quality
standards, the developer or owner may be required to install and maintain
water treatment devices in order to assure continued compliance with
water quality standards."
