Township of Clark, NJ Article XI Major Subdivisions

§ 195-63 Preliminary approval.

A. Application; fee.

(1) Before any major subdivision of land takes place, an application shall be submitted and approved. The application shall be submitted to the Secretary of the Board, on the appropriate form provided by the Board, with the appropriate copies of a preliminary plat of the proposed subdivision. The number and type of copies of the application form and maps shall be as specified in the procedure manual for subdivisions, as prepared, approved and from time to time revised by the Planning Board.

(2) An application fee as set forth in § 195-51, Development fees, shall be submitted with the application.[1]

[1] Editor's Note: Original Sec. 32-10.1b, Referral to Subdivision Committee; public hearing, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Revision; amendment.

(1) Following the public hearing and prior to adoption of a resolution of approval or disapproval of a subdivision application, the subdivider may request and the Board may grant permission to revise the preliminary plat.

(2) The Board shall also have the discretion to permit the applicant to submit an amendment application in appropriate instances.

C. Action by Township Engineer. Prior to consideration of the preliminary plat by the Board, the Township Engineer shall examine the preliminary plat for conformance with the engineering requirements of the Township. The Township Engineer shall submit his/her comments to the Board prior to the date set for consideration of the preliminary plat by the Board.

D. Approval.

(1) Notation. Where the Board acts favorably on a preliminary plat, the Chairperson and the Secretary of the Board shall affix their signatures to the plat, with a notation that it has now received approval, and it shall be returned to the subdivider for compliance with final approval requirements.

(2) Effect. Approval of the preliminary plat shall constitute approval of the subdivision as to form only; that is, as to the arrangement and approximate dimensions of streets, lots and other planned features.

(3) Rights of applicant. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of approval:

(a) That the general terms and conditions under which the approval was granted will not be changed.

(b) That the applicant may submit, on or before the expiration date, the whole or part of the plat for final approval.

§ 195-64 Final approval.

A. Application; informal meeting; fee.

(1) An applicant for the subdivision of land shall submit to the Secretary of the Board an application, on the appropriate form provided by the Board, and appropriate copies of a final plat of the proposed subdivision. The number and type of copies of the application form and map shall be as specified in the application form, as prepared, approved and from time to time revised by the Planning Board.

[Amended 1-17-2012 by Ord. No. 12-01]

(2) An application fee as set forth in § 195-51, Development fees, shall be submitted at the time of application. In accordance with § 195-51, Fees established.[1]

[Amended 4-16-2018 by Ord. No. 18-09]

[1] Editor's Note: Original Sec. 32-10.2b, Referral to subdivision committee; consideration by Board, which immediately followed this subsection, was repealed 1-17-2012 by Ord. No. 12-01.

B. Requirements. In accordance with § 195-65, Guarantees required. Before submission of the final subdivision plat, the following required, dedicated improvements must be installed, or bonded to the Township, in accordance with the requirements of the Planning Board, Division of Engineering, ordinances of the Township and conditions of preliminary subdivision approval applicable thereto:

[Amended 4-16-2018 by Ord. No. 18-09]

(1) Streets.

(2) Road subbase and road base, all required pavement courses.

(3) Gutters.

(4) Curbs.

(5) Sidewalks

(6) Street lighting.

(7) Street trees.

(8) Surveyor's monuments as shown on a final map and as required by the Map Filing Law.[2]

[2] Editor’s Note: See N.J.S.A. 46:26B-1 et seq.

(9) Water mains.

(10) Sanitary sewers.

(11) Drainage structure.

(12) Public improvements of open space.

(13) Any grading necessitated by the preceding improvements.

C. Board action.

(1) The Board shall act to approve or disapprove the plat submitted for final approval with revisions, if any, within 45 days after it is submitted. The action of the County Planning Board, if any, shall be noted on the plat, and, if disapproved, a copy of the plat and the reasons for disapproval shall be returned to the applicant/subdivider.

(2) If the Board approves the final plat, a notation to that effect shall be made on each plat and shall be signed by the Chairperson of the Board and the Board Secretary.

D. Filing; expiration of approval. Upon final approval, copies of the final plat, signed by the Chairperson and the Secretary of the Board, shall be filed by the applicant with the County Recording Officer and the County Planning Board. If the plat has not been filed with the County Recording Officer within 95 days from the date of signing, the approval shall expire. The Board, for good cause shown, may extend this period to no more than 190 days from the date of the signing of the plat.