This chapter may be cited and referred to as the "Land Subdivision
and Site Plan Ordinance of the Township of Willingboro (1976)."
This chapter is enacted pursuant to the authority granted by
Chapter 291, Laws of 1975, commonly cited and referred to as the "Municipal
Land Use Law" (N.J.S.A. 40:55D-1 et seq.).
The purpose of this chapter is to provide rules, regulations
and standards to guide land subdivision and site planning in the Township
of Willingboro in a manner which will promote the public health, safety,
morals and general welfare. It shall be administered to ensure an
orderly growth and development which will not conflict with the development
and general welfare of neighboring municipalities, the county and
the state as a whole and to ensure adequate and suitable streets,
water supply, drainage, shade trees, sewer facilities and other necessary
utilities, public areas and open space, protection from flooding and
conservation of soils and to promote desirable visual environment
through creative development techniques and good civic design and
arrangement.
A.
ADVERSE EFFECTS
AGRICULTURAL PURPOSES
APPLICANT
APPLICATION
BOARD
CARTWAY
CIRCULATION
CLERK
DAYS
DRAINAGE
EASEMENT
EROSION
FINAL APPROVAL
INTERESTED PARTY
LOT
MAINTENANCE GUARANTEE
MAJOR SUBDIVISION
MASTER PLAN
MINOR SITE PLAN
MINOR SUBDIVISION
OFFICIAL MAP
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTEE
PLANNING BOARD
PLAT
(1)
(2)
PRELIMINARY APPROVAL
PUBLIC AREAS
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RESUBDIVISION
SECRETARY
SEDIMENTATION
SITE PLAN
STREET
(1)
(2)
(3)
(4)
(5)
SUBDIVISION
VARIANCE
For the purpose of this chapter, unless the context clearly indicates
a different meaning, the following definitions shall apply. Notwithstanding,
the Residential Site Improvement Standards definitions (N.J.S.A. 40:55D-40.1
et seq. and N.J.A.C. 5:21-1.1 et seq.) are incorporated by reference
and shall be deemed to supersede wherever a conflict may exist.[1]
Conditions or situations creating, imposing, aggravating,
or leading to impractical, unsafe, or unsatisfactory conditions on
a subdivider's property or any adjacent property, such as inadequate
drainage facilities; insufficient street width; unsuitable street
grades; unsuitable street location to accommodate prospective traffic
or coordinate and compose a convenient traffic system; locating lots
in a manner not adaptable for the intended purpose without danger
to health or peril from flood, fire, erosion, or other menace; providing
for lots of insufficient size; and neither providing nor making future
allowance for other facilities required by this chapter; or otherwise
in derogation of the Master Plan.
For purposes of exempting a division of land from the provisions
of this chapter, the term "agricultural purposes" shall mean land
that will be used solely for growing and harvesting of crops, including
nursery stock and sod, and/or the raising and breeding of animals
and on which no structure other than a fence or a building to contain
livestock or for storage will be erected, or a building suitable for
human habitation, provided such building will be located on a lot
of at least 10 acres.
Any owner, or authorized representative having written consent
from the legal owners, submitting an application for review and approval
for land subdivision or site plan approval in accordance with this
chapter.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat or a site plan.
The Planning Board of the Township of Willingboro, Burlington
County, New Jersey.
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs.
Systems, structures, and physical improvements for the movement
of people, goods, water, air, sewerage, or power by such means as
streets, highways, railways, waterways, towers, airways, pipes and
conduits, and the handling of people and goods by such means as terminals,
stations, warehouses, and other storage buildings or transshipment
points.
The Township Clerk of the Township of Willingboro.
Calendar days.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation, or particular
persons for specified uses.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
Any person, whether residing within or without the Township,
whose right to use, acquire, or enjoy property is or may be affected
by any action taken under this chapter or whose rights to use, acquire,
or enjoy property under this chapter or under any law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Township adopted pursuant to N.J.S.A. 40:55D-28.
A development plan of one or more lots which proposes new development within the scope of development specifically permitted by this chapter as a minor site plan; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 205-49; and contains the information reasonably required in order to make an informed determination as to whether the requirements established for approval of a minor site plan have been met.
A subdivision of land for the creation of not more than three lots, including the remaining portion of the tract, provided that such subdivision does not involve a planned development; any new street; or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 205-49.
A map adopted in accordance with law, only to the extent
that it is consistent with N.J.S.A. 40:55D-32 et seq., and to the
extent that it has not been supplanted by an official map adopted
pursuant to N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed
conclusive with respect to the location and width of streets, drainage
rights-of-way, and flood-control basins and the location and extent
of public parks, playgrounds, and scenic and historic sites shown
thereon.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a subdivision application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a subdivision
or site plan application, nor on a contiguous portion of a street
or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a subdivision
or site plan application or on a contiguous portion of a street or
right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
For purposes of notice, any applicant for subdivision or
for site plan approval, the owners of the subject property and all
owners of property and government agencies entitled to notice thereof.
Any security, which may be accepted by the Township, including
performance bonds, with a responsible surety authorized to do business
in the State of New Jersey, or escrow agreements secured by cash,
certified check or cashier's check, to guarantee the completion
of the required improvements before the Planning Board approves the
final plat, provided that no more than 10% of the total performance
guarantee may be required in cash. A responsible surety shall not
include a surety against whom there are proceedings pending in this
state to revoke its license to act as such surety.
The Planning Board of the Township of Willingboro.
A map or maps of a subdivision or site plan; included are:
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Board Secretary for Planning Board consideration and tentative approval and meeting the requirements of this chapter.
FINAL PLATThe final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with the regulations of this chapter and which, as approved, shall be filed with the County Clerk's office.
The conferral of certain rights pursuant to this chapter
after specific elements of a subdivision or site plan have been agreed
upon by the Planning Board and the applicant.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing the flow of water to safeguard
the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, Board of Education, state or county agency,
or other public body for recreational or conservational uses.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law; but does not include conveyances so
as to combine existing lots by deeds or other instruments.
The Secretary of the Planning Board of the Township of Willingboro.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A plan for development, not involving a subdivision, of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination by the Planning Board. It shall also include any modification of a previously approved site plan and an exterior change in the structure of a building in a residential zone which is utilized as the office of a professional person as authorized by Chapter 370, Zoning, but shall not include an exterior change in the structure of a building in a residential zone which is utilized for residential purposes only.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or Township roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by this chapter
or which is shown on a plat duly filed and recorded in the office
of the County Clerk prior to the appointment of the Planning Board
and the grant to such Board of the power to view plats and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, streets shall be classified to conform with the Burlington
County Master Plan as follows:
STREET, ARTERIALA street used primarily for fast or large volumes of traffic.
STREET, COLLECTORA street used to carry traffic from the minor streets to the primary streets and designed to have considerable continuity and traffic capacity.
STREET, MINORThose streets, other than the arterial or collector streets, which need be entered only for stopping at a destination on that street and which need not be used for general circulation or through traffic.
STREET, CUL-DE-SACA short, dead-end, minor street terminating in a circular or other turnaround area.
STREET, MARGINAL ACCESSStreets located parallel and adjacent to arterial streets and highways which are designed to provide access to abutting properties without interrupting highway traffic, except at recognized intersections and access points.
The divisions of a lot, tract or parcel of land into two
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairperson to be for agricultural purposes
where all resulting parcels are five acres or larger in size; divisions
of property upon court order, including but not limited to judgments
of foreclosure; consolidation of existing lots by deed or other recorded
instrument; and the conveyance of one or more adjoining lots, tracts
or parcels of land, owned by the same person or persons and all of
which are found and certified by the Clerk to conform to the requirements
of the Township Development Regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map Atlas of the Township.
The term "subdivision" shall also include the term "resubdivision."
Permission to depart from the literal requirements of Chapter 370, Zoning, of the Code of the Township of Willingboro.
B.
The use of the word "shall" in this chapter indicates a mandatory
requirement, and the use of the word "may" indicates a permissive
action.
C.
Any word or term not defined herein shall be used in accordance with
a meaning utilized in the Municipal Land Use Law, where given, or,
where not given, a meaning of standard usage, unless the context clearly
otherwise indicates.
D.
The use of masculine pronouns is for convenience only and shall include
reference to both genders.
