A.
An applicant desiring to proceed with a major subdivision shall file
with the Clerk, at least two weeks prior to the date of a regular
meeting of the Board, the following documents:
(1)
Six completed copies of the Township major subdivision application
form.
(2)
Four copies of any protective covenants, deed restrictions or easements,
either presently affecting the property or proposed, in the subdivision,
such as a conservation, drainage or utility right-of-way or a sight
triangle.
(3)
Four copies of any deed(s) for any lands offered in the Township.
(4)
Seventeen copies of the preliminary plat of the proposed major subdivision.
A reproducible copy shall be submitted upon preliminary approval.
(5)
Seventeen copies of a key map.
(6)
A certification from the Township Tax Collector that no taxes or
assessments for local improvements are due or delinquent on the property
for which the subdivision application is made.
(7)
A certification from the State Department of Environmental Protection,
pursuant to N.J.S.A. 58:11-23 et seq., if applicable.
The applicant shall submit to the Clerk, at the time of submission of an application for a major subdivision, payment of the fee provided in § 205-57.
A.
The plat shall be in tentative form for discussion purposes for preliminary
approval. The plat shall be clearly and legibly drawn at an accurate
scale of not less than one inch equals 100 feet and shall be based
on an actual survey certified by a land surveyor licensed in the State
of New Jersey. The plat shall conform to the size and other requirements
of N.J.S.A. 46:26B-1 et seq. (Map Filing Law), as amended and supplemented.
The plat shall show the following information:[1]
(1)
A title containing the name of the subdivision; the name of the Township;
Tax Map sheet, block and lot number; date of preparation and most
recent revision; meridian North arrow; written and graphic scales;
the names, addresses, phone numbers, and signatures of the owner,
subdivider, and person(s) who prepared the plat(s), including the
seal of the latter; the names of all property owners within 200 feet
of the extreme limits of the subdivision; and a space for the subdivision
application number.
(2)
The acreage of the original tract being subdivided measured to the
nearest tenth of an acre and the number of new lots created, each
lot measured with dimensions noted and each lot labeled to the nearest
square foot.
(3)
A map showing existing elevations and contour lines over the entire
area of the proposed subdivision, together with watercourses and an
indication of the final disposal of the surface waters. All elevations
shall be related to a bench mark noted on the plan.
(4)
The locations and dimensions of existing and proposed railroad rights-of-way,
bridges, and natural features such as soil types, wooded areas, lakes,
rock outcroppings, and views within the subdivision and the location
of individual trees outside the wooded areas having a diameter of
six inches or more as measured 4 1/2 feet above ground level.
The proposed location of shade trees to be provided by the subdivider
shall also be shown. Soil types shown shall be based on United States
Natural Resources Conservation Service categories.
(5)
All existing and proposed watercourses (including lakes, ponds and
marsh areas) shall be shown and accompanied by the following information
or data:
(a)
When a running stream is proposed for alteration, improvement,
or relocation or when a structure or fill is proposed over, under,
in, or along such a running stream, evidence of approval, required
alterations, lack of jurisdiction, or denial of the improvement by
the New Jersey Division of Water Policy and Supply and/or United States
Army Corps of Engineers shall accompany the application.
(b)
Cross sections and profiles of watercourses at an appropriate
scale showing the extent of floodway-fringe area, top of bank, normal
water level and bottom elevations at the following locations:
[1]
All watercourses within or adjacent to the subdivision and at
any point where a watercourse crosses a boundary of the subdivision.
[2]
At fifty-foot intervals for a distance of 300 feet upstream
and downstream of any proposed culvert or bridge within the subdivision.
[3]
At fifty-foot intervals up to 300 feet upstream and downstream
of any proposed culvert or bridge and any point of juncture of two
or more watercourses within and/or within 1,000 feet of the subdivision.
[4]
At a maximum of three-hundred-foot intervals, but no less than
two locations, along each watercourse which runs through or adjacent
to the subdivision.
[5]
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilizing slopes and measures
to control erosion and siltation during construction, as well as typical
ditch sections and profiles, shall be shown on the plan or accompany
it.
(c)
The total acreage in the drainage basin of any watercourse running
through or adjacent to a subdivision in the area upstream of the subdivision.
(d)
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in that portion of the subdivision
which drains to the structure.
(e)
The location and extent of all existing or proposed drainage
and conservation easements and flood hazard area lines.
(f)
The location, extent and water level elevation of all existing
or proposed lakes or ponds within or adjacent to the subdivision.
(g)
Plans and computations for any storm drainage systems, including
the following:
[1]
All existing or proposed storm sewer lines within or adjacent
to the subdivision showing size, profile and slope of the lines; direction
of flow; and the location of each catch basin, inlet, manhole, culvert
and headwall.
[2]
The location and extent of any proposed dry wells, groundwater
recharge basins, retention basins, detention basins, flood-control
devices, sedimentation basins and other water conservation devices.
(6)
The names, locations and dimensions (cartway and right-of-way widths)
of all existing streets within a distance of 200 feet of the boundaries
of the subdivision and showing existing driveways and any connections
from proposed streets, sidewalks, and bike routes in the subdivision
to any adjoining street(s), sidewalk(s) or bike route(s) and what
off-site extensions, if any, will be made to nearby arterial and collector
streets as those streets are shown on the adopted Master Plan. Plans,
profiles, tentative grades and details of all proposed streets and
of the existing streets abutting the subdivision based on the vertical
datum specified by the Township Engineer, together with full information
as to the disposal of surface drainage and including plans of curbing,
sidewalks, storm drains and drainage structures. At intersections,
the sight triangles, radii of curblines, and street sign locations
shall be clearly indicated.
(7)
The names, locations, right-of-way widths, and purpose(s) of existing
and proposed easements and other rights-of-way in the subdivision
and the location and description of all monuments.
(8)
All proposed lot lines, including existing lot lines to remain and those to be eliminated, and all setback lines required by Chapter 370, Zoning, with the dimensions thereof. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered, and the lots within each block shall be numbered consecutively in a clockwise manner, beginning with No. 1, after consultation with the Township Engineer.
(9)
Locations of all existing structures and their use(s) in the tract
and within 200 feet thereof, showing existing and proposed front,
rear and side yard setback distances; structures of potential historic
significance; and an indication of all existing structures and uses
to be retained and those to be removed.
(10)
Tentative plans of proposed improvements and utility layouts
(sanitary sewers, storm sewers, erosion control, stormwater control,
excavation, water mains, gas, telephone, electricity, etc.) showing
location, size, slope, pumping stations, and other details, as well
as feasible connections to any existing or proposed utility systems.
If private utilities are proposed, they shall fully comply with all
Township, county and state regulations. If service will be provided
by an existing utility company, a letter from that company shall be
submitted stating that service will be available before occupancy
of any proposed structures.
(11)
Zoning district(s), and if the property lies in more than one
zoning district, the plat shall indicate the zoning district lines.
(12)
When on-lot water and/or on-lot sewage disposal is proposed, the plat shall be accompanied by the results of percolation test(s) made in accordance with the requirements set forth in § 205-7A(10). Upon submission of all percolation data to the Planning Board, the Board may authorize the Township Engineer to conduct comprehensive tests to verify the percolation tests performed by the applicant's engineer. The applicant shall pay the actual costs of such verification tests by the Township Engineer, as set forth in § 205-57.
(13)
Such other information or data as may be required by the Planning
Board in order to determine the details of the subdivision are in
accord with the standards of the applicable ordinances. The Planning
Board may waive any of the details required by this section if it
determines that the subdivision conforms to the standards of good
planning, will have no deleterious effect on neighboring properties
and provides adequate data to assure protection of the health, safety
and welfare of the residents of the Township.
B.
The preliminary plat shall be certified as to the accuracy of the
engineering details by an engineer licensed in New Jersey, bearing
the engineer's signature, seal, license and address.
The key map shall comply with the requirements of a minor subdivision key map, as set forth in § 205-8, as same shall apply to a major subdivision.
Upon receipt of an application for a major subdivision, together with the required supporting documents and payment of the prescribed fee, the Clerk shall submit one copy of the application and supporting documentation each to the Township Engineer and to the Attorney for the Planning Board for a report thereon to the Planning Board. These reports shall be submitted to the Planning Board at least two days prior to the meeting of the Planning Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter and whether the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required and, if such shall be the case, shall advise the Township Council, which shall then act pursuant to § 205-49. The Clerk shall also submit an informational copy of the application and plat to the Willingboro Municipal Utilities Authority for appropriate report by that body. The Clerk shall also set down the application on the agenda of the Planning Board meeting next following 14 days from the date of submission of the complete application and shall advise the applicant of such date. In the event the Clerk determines that a literal compliance with the time requirements of this section, in the case of a major subdivision of 10 or fewer lots, will cause the application to be considered by the Planning Board not within 45 days of the submission of the application, the Clerk shall so advise the Planning Board at its next meeting, and the Planning Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
The applicant, where required, pursuant to N.J.S.A. 40:27-6.3, shall comply with the provisions of § 205-10, as same shall apply to a major subdivision.
The applicant shall give notice of the application at least 10 days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with the Land Use Procedures Ordinance of the Township (Chapter 60, Article III, Provisions Applicable to Both Planning Board and Zoning Board of Adjustment, of the Code of the Township).
At the meeting of the Planning Board at which the application is to be first considered, the Planning Board shall first determine that the application is complete in accordance with §§ 205-13 through 205-16, inclusive. If it is determined that the application is incomplete, the Planning Board shall immediately notify, in writing, the applicant of the incompleteness, specifying the deficiencies, which shall not be deemed to preclude a subsequent complete resubmission upon payment of the prescribed fee. If it determined that the application is complete:
A.
If the application is for a subdivision of 10 or fewer lots, the
Planning Board shall grant or deny preliminary approval within 45
days of the date of submission of the complete application or within
such further time as may be consented to in writing by the applicant.
B.
If the application is for a subdivision of more than 10 lots, the
Planning Board shall grant or deny preliminary approval within 95
days of the date of submission of the complete application or within
such further time as may be consented to in writing by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute major subdivision preliminary approval.
C.
The applicant shall not proceed with installation of the required
improvements until a performance guarantee is posted therefor, and
no building permits shall be issued unless the required improvements
have been completed and accepted or a performance guarantee posted
therefor.
Preliminary approval of a major subdivision shall, except as
provided in Subsection D of this section, confer upon the applicant
the following rights for a three-year period from the date of the
preliminary approval:
A.
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.
B.
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.
C.
That 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.
D.
In the case of an application involving an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections A, B and C 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 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 may govern.
A.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by § 205-23, the conditions of preliminary approval and the standards prescribed by the Map Filing Law, N.J.S.A. 46:26B-1 et seq.[1]
B.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Clerk or within such further time
as may be consented to in writing by the applicant. Failure of the
Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the Clerk as to the failure of
the Planning Board 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 Clerk for purposes of filing subdivision plats. Whenever review
or approval of the application by the County Planning Board is required
by N.J.S.A. 40:27-6.3, the Township Planning Board 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. Whenever the Planning Board shall grant approval
subject to conditions, a notation shall be made on the plat indicating
that "the approval of the subdivision is subject to conditions as
set forth in the minutes of the Planning Board."
The final plat, titled as such, shall be submitted in the form
of one linen or Mylar, two cloth and nine black-on-white paper prints
on sheets of uniform size of one of four standard sizes (namely 30
inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches
or 8 1/2 inches by 13 inches), provided that when more than one
sheet is required, an index sheet of the same dimensions shall be
filed showing the entire subdivision on one sheet, and each separate
sheet shall show references to the adjoining sheets, at a scale of
not less than one inch equals 200 feet and in compliance with the
provisions of N.J.S.A. 46:26B-1 et seq. (Map Filing Law), as amended.
The final plat shall show the same information required for preliminary
approval, in addition to the following:
A.
Tract boundary lines, streets, sight triangles, easements and other
rights-of-way, street names, land reserved or dedicated to public
use, all lot lines and other site lines, with accurate dimensions,
bearing or deflection angles and radii, arcs and center angles of
all curves shall all be based on an actual survey by a land surveyor
licensed to practice in the State of New Jersey. All dimensions, both
linear and angular, of the exterior boundaries of the subdivision
shall be balanced and closed within a limit of error of one to 10,000
and of all lot lines to within one to 20,000. All dimensions, angles,
and bearings given on the map must be referred to at least one permanent
monument, which shall be indicated on the map.
B.
Block and lot numbers in accordance with established standards and
in conformity with the Township Tax Map as approved by the Township
Engineer.
C.
Cross sections, profiles and established grades of all streets as
approved by the Township Engineer.
D.
Plans and profiles of all storm and sanitary sewers and water mains
as approved by the Township Engineer.
E.
Location and description of all monuments as required under § 205-68, with at least one corner of the subdivision tied to a USGS bench mark(s), with data on the plat as to how the bearings were determined.
F.
Any changes between the information set forth in the preliminary
plat and that which has actually been affected.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 205-21, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time provided in § 205-25. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required in § 205-25, the Planning Board may extend such period of protection for extensions of one year, but not exceeding three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 205-21 for the section granted final approval.
B.
In the case of a subdivision for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section 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 number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless, within such period, the plat
shall have been duly filed by the developer with the County Clerk.
The Planning Board may, for good cause shown, extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
A.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which Township approval is required by this chapter, such person shall
be liable, in addition to any statutory penalty, for suit by the Township:
B.
In any such action, the transferee, purchaser or grantee shall be
entitled to the statutory lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or the developer's assigns or successors, to secure the return
of any deposits made or purchase price paid, and, also, a reasonable
search fee, survey expense and title closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of the
land or within six years, if unrecorded.
Before granting preliminary approval of an application for a major subdivision, the Planning Board shall require the applicant to deposit with the Township the inspection fee provided in § 205-57 to compensate the Township Engineer for performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the Township Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Clerk and the applicant. Additionally, the Township Engineer shall advise the Clerk and the applicant of the Township Engineer's inspection fees. Thereafter the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the subdivision in question before its completion, the applicant may make written application to the Planning Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to the applicant with respect to the subdivision covered by that application.