A.
Any owner of land within the Township of Winslow shall, prior to
subdividing or resubdividing land, as defined in this chapter, submit
to the Secretary of the Planning Board (or other designated official),
at least two (2) weeks prior to the regular meeting of the Board,
a sketch plat of the proposed subdivision for purposes of classification
and preliminary discussion.
Editor's Note: Amended at time of adoption of Code; See Ch. 1, General Provisions, Art. 1.
[Amended 4-3-72 by Ord. No. 0-3-72]
B.
If classified and approved as a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect will be made on the sketch plat. Where County Planning Board approval is required, it will be forwarded to that Board for its consideration. The plat with said notation will then be returned to the subdivider for compliance with the required installation or furnishing of a performance guarantee as set forth in § 246-12, unless the Planning Board shall grant the subdivider a waiver of said required improvements. The plat will then be forwarded to the Chairman and the Municipal Clerk for their signatures and returned to the subdivider within one (1) week following the next regular meeting of the Governing Body. No further Governing Body approval shall be required. Development in the Pinelands Area of the Township shall comply with the requirements for minor and major development, as the case may be, of the development review procedures set forth in Article V of Chapter 40, Land Use Procedures.
[Amended 2-23-83 by Ord. No. 0-3-83; 4-26-89 by Ord. No. 0-23-89; 6-26-18 by Ord. No. O.2018-015]
C.
Furnishing of copies.
(1)
Before the Municipal Clerk returns any approved sketch plat to the
subdivider, the Clerk shall have sufficient copies made to furnish
one (1) copy to each of the following:
(2)
The cost of the copies will be charged to the subdivider and shall
be collected before the return of the original sketch plat to the
subdivider.
D.
Either a deed description or plat map drawn in compliance with Chapter
358 of the Laws of 1953[1] shall be filed by the subdivider with the county recording
officer within ninety (90) days from the date of return of the approved
sketch plat.
[1]
Editor's Note: The provisions of Chapter 358 of the Laws of
1953 relating to the approval and filing of maps (N.J.S.A. 46:23-9.1
to 23-9.6) were repealed by Chapter 141 of the Laws of 1960. For current
statutory provisions, see the Map Filing Law, N.J.S.A. 46:23-9.9 et
seq.
A.
At least six (6) black-on-white prints of the preliminary plat, together
with three (3) completed application forms, for preliminary approval
shall be submitted to the Municipal Clerk two (2) weeks prior to the
Planning Board meeting at which consideration is desired. The Municipal
Clerk shall immediately notify the Secretary of the Planning Board
upon receipt of a preliminary plat.[1]
B.
The Secretary of the Planning Board shall notify by mail, at least five (5) days prior to the hearing, all property owners within two hundred (200) feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Said notice shall state the time and place of the hearing, a brief description of the subdivision and that a copy of said subdivision has been filed with the Municipal Clerk for public inspection. The Secretary shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least ten (10) days prior to the hearing. For subdivisions within the Pinelands Area of the township, notice of hearings shall be given to the Pinelands Commission in accordance with § 40-40 of Chapter 40, Land Use Procedures.
[Amended 8-25-82 by Ord. No. 0-8-82]
C.
Copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board prior to the hearing to the following persons:
(1)
Secretary of County Planning Board, if there is one.
(2)
Municipal Engineer.
(3)
Secretary of Board of Health.
(4)
Such other municipal, county or state officials as directed by the
Planning Board and the Pinelands Commission if the subdivision is
located within the Pinelands Area of the township.
[Amended 8-25-82 by Ord. No. 0-8-82]
D.
The Planning Board shall act on the preliminary plat within ninety
(90) days after submission to the Municipal Clerk, but in no case
before the expiration of the twenty-day period within which the County
Planning Board may submit a report on said subdivision. In all cases
the recommendations of the County Board shall be given careful consideration
in the final decision of the local Planning Board. If the County Planning
Board has approval authority pursuant to N.J.S.A. 40:27-12,[2] its action shall be noted on the plat, and if disapproved, two (2) copies of the reasons for disapproval shall be returned with the plat. If either the Planning Board or County Planning Board disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting a plat shall be notified of the action of the Planning Board within ninety (90) days of its submission. If approval is required by any other officer or public body, the same procedure as applies to submission to and approval by the County Planning Board shall apply. For subdivisions within the Pinelands Area of the township, notice of the decision shall be given to the Pinelands Commission in accordance with § 40-41 of Chapter 40, Land Use Procedures.
[Amended 8-25-82 by Ord. No. 0-8-82]
[2]
Editor's Note: N.J.S.A. 40:27-12 was repealed by Chapter 285
of the laws of 1968. For current statutory provisions, see N.J.S.A.
40:27-6.1 through 27-6.13.
E.
If the Planning Board acts favorably on a preliminary plat, a notation
to that effect shall be made on a plat and it shall be referred to
the governing body for action. The governing body shall act within
thirty (30) days. Its action shall be noted on the plat, signed by
the Chairman and returned to the subdivider for compliance with final
approval requirements.
F.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of approval:
[Added 6-28-11 by Ord. No. 0-2011-016]
All applications for subdivision shall include the information
and supporting documents required by the Land Development Checklist,
a copy of which is on file with the Township Planning Board Secretary
and Township Zoning Board of Adjustment Secretary. The following reports,
when required, shall contain the information set forth below:
A.
Environmental Impact Study.
(1)
Project identification and description. The project identification
and description shall fully describe the project including all proposed
facilities and activities to be conducted on the site and shall include
the items in the following list as applicable. This information may
be included in the text of the EIS or on exhibits and drawings that
are included in and made a part of the EIS:
(a)
Project name.
(b)
Tax map identification of all real estate parcels included in
the project.
(c)
Streets abutting the project site.
(d)
Current and proposed zoning classification.
(e)
Present and proposed land use and current use of adjacent properties.
(f)
Name, address and telephone number of the property owner, applicant,
their respective legal counsel, president or managing partner of applicant,
applicants engineer or other representative with direct responsibility
for the design of the project and the person preparing the EIR.
(g)
Area of the project site and the area to be disturbed by the
project.
(h)
Area of existing and proposed roadways.
(i)
Number, square footage and function of existing and proposed
buildings.
(j)
Total area of other existing and proposed impervious areas.
(k)
For subdivisions, the total number of proposed lots and the
minimum and maximum lot size.
(l)
Construction sequence and schedule for the project (and each
phase of the project if the project will be constructed in phase)
including estimated duration of construction and proposed daily work
start and stop times.
(m)
Existing and proposed land elevations and contours.
(n)
First floor elevations for all existing and proposed buildings.
(o)
All surface water bodies, wetlands, water supply wells on or
within five hundred (500) feet of the project site.
(p)
A key map utilizing the appropriate USGS quadrangle map showing
the location of the project site.
(q)
A location plan showing the project site and all properties
within two hundred (200) feet of the project site drawn to a scale
not less than one (1) inch = fifty (50) feet.
(r)
Proposed erosion control methods during construction.
(s)
Proposed stormwater runoff control system.
(t)
Proposed landscaping plan.
(2)
Environmental Inventory. The Environmental Inventory shall describe
the current use(s) of the project site and all existing environmental
features and conditions on or affecting the project site. The Environmental
Inventory shall include, but not be limited to, the following features
and conditions:
(a)
Ground and surface water hydrology and wetlands. Identify and
describe the watershed in which the site is located, surface water
bodies, groundwater aquifers, wells and wetlands. The description
of these features shall include a discussion of physical and chemical
water quality, applicable stream and aquifer classifications, applicable
wetland resource classifications and existing well head protection
measures.
(b)
Air quality. Describe the ambient air quality in the vicinity
of the site.
(c)
Noise vibration. Describe ambient noise levels and sources of
noise and potential off-site noise and vibrant impacts of the project
or the means and methods of construction.
(d)
Topography. Describe the topography of the site include minimum
and maximum ground elevations and identification of slopes in excess
of fifteen percent (15%).
(e)
Soils. Describe the soils at the site including physical and
chemical characteristics, infiltration and percolation capacity, stability
of slopes in excess of fifteen percent (15%) and any existing erosion
problems.
(f)
Potable water supply. Identify the current source(s) of potable
water to the site including public or private water supply wells and
the availability of a public community water supply system.
(g)
Sanitary sewage disposal. Describe the existing and past method(s)
of disposal for sanitary sewage at the site including existing or
abandoned cesspools, septic systems, drain fields and the existing
availability of a public sanitary sewage collection system.
(h)
Stormwater. Describe the natural stormwater runoff directions
as well as any existing controls or stormwater management facilities,
their discharge point from the site and the receiving stream. Indicate
if the site is within an aquifer recharge area.
(i)
Solid waste disposal. Describe the existing source(s) and type(s)
of solid waste generated at the site and existing methods of collection
and disposal or recycling.
(j)
Hazardous materials Describe the source(s) and type(s) of hazardous
materials (as defined in applicable NJDEP regulations) generated,
used, stored or disposed at the site. The EIR shall include a copy
of any existing inventory of materials that the owner or operator
of the site is required to provide to the local emergency response
committee pursuant to the state or federal Emergency Planning and
Community Right to Know Acts.
(k)
Vegetation. Describe the existing vegetation on the site and
shall identify the presence of endangered or threatened species.
(l)
Wildlife. Describe the known fish and wildlife species that
inhabit the site and shall identify the presence of endangered or
threatened species.
(m)
Cultural or historic features. Describe the past used of the
site and any features or conditions of cultural or historical interest
on the site.
(3)
Environmental impact assessment. The EIS shall describe and assess the actual and probable impact of the project on each of the features and conditions described in Subsection B. This assessment shall be supported by objective date where appropriate. This assessment shall discuss the direct, incidental and consequential impacts of the project both during and after construction and shall specifically identify all permanent or adverse impacts of the project that cannot be avoided if the project is approved.
(4)
Mitigation and remedial measures. The EIS shall describe the mitigation and remedial measures and project components that the applicant will use to eliminate or minimize the unavoidable or adverse impacts of the project on each of the features and conditions described in Subsection B.
(5)
Alternatives. The EIS shall describe the alternatives to the
project that were considered by the applicant and the reasons that
the applicant rejected those alternatives. These alternatives should
include, but not be limited to, other locations for the project, other
projects for the site, other configurations and sizes for the project
and the "no action" alternative.
(6)
Permits. The EIS shall include a list of all State and Federal
permits or approvals required to construct the project and the status
of each permit or approval as of the date of the EIS.
B.
Traffic Impact Study.
(1)
Purpose. It is the purpose of this subsection to require the
submission of a Traffic Impact Statement as a part of a land development
application for any site plan, major subdivision, general development
plan, planned unit development, planned residential development or
any development or redevelopment approval within the Township of Winslow.
The purpose of requiring such a statement is to assist the Land Use
Board and its consultants in assessing the impact of a proposed project
upon the local and regional roadway network. The Land Use Board may
waive the requirement for a traffic impact study report totally or
partially if sufficient evidence is submitted to the Board to indicate
that the proposed project will have a negligible traffic impact or
that a complete report need not be prepared and submitted in order
to adequately evaluate the specific traffic impact produced by the
development application. The burden of demonstrating exceptions herein-above
stated shall at all times rest with the applicant, who must affirmatively
demonstrate to the Board the basis for the waiver request.
(2)
The traffic impact study report shall contain the following
information:
(a)
A full documentation of existing conditions on adjacent streets
which provide direct site ingress/egress, including roadway pavement
width, rights-of-way, parking conditions, pavement conditions, sight
distances, grades and alignment of the roadway(s). Existing traffic
control devices (traffic signals, speed limits, etc.) shall be described,
as well as any pertinent signing or pavement markings. Existing traffic
volumes for peak hour conditions shall be presented with the source
of these data denoted.
(b)
Projections of traffic to be generated by the proposed development
for an average, daily, morning peak hour(s), an average daily, afternoon
peak hour(s) and any other peak hour traffic condition deemed applicable
as a result of the type and/or location of the proposed generator.
Traffic generation rates should be based upon the latest edition of
the ITE Trip Generation Handbook or upon local indices which can be
substantiated by supporting documentation. Also, a trip distribution
relating to the site traffic and the assignment of the site traffic
to the adjacent street system shall be provided. The resultant trip
distribution/site traffic assignment shall be fully documented. Any
assumptions regarding the diversion of existing traffic to or from
alternative routes should be clearly specified in the statement.
(c)
An assessment of the traffic impact of the proposed development,
including a capacity study of each site impacted intersection or roadway
segment. These capacity studies shall be done for existing conditions,
site predevelopment conditions and site build-out conditions. The
site build-out analysis shall be based on traffic volumes projected
forward to the anticipated build-out year with adjustments for area-wide
growth and seasonal traffic flow variations. Capacity determinations
shall be based upon normally accepted standards and documentation,
with the basis of these capacity analyses clearly indicated and provided
as documentation. In the event the project is staged over a period
of time, traffic volume projections for each stage with corresponding
capacity analyses shall be provided and documented.
(d)
A site's traffic volume contribution to the overall background
traffic at each site impacted intersection and/or roadway segment
shall be determined.
(e)
A determination of any roadway/intersection deficiencies for
existing and/or future conditions. Specific recommendations for the
resolution of these deficiencies shall also be addressed in the statement.
The statement shall contain a listing of any and all actions to be
undertaken by the applicant to mitigate any traffic problems and,
as such, shall be considered a firm offer by the applicant to undertake
said actions, subject to approval by the Land Use Board. The responsibility
for the traffic mitigation measures will be based on a developer's
fair share of the improvements.
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Article VI or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
A.
The final plat shall be submitted to the Municipal Clerk for forwarding
to the Planning Board for final approval within three (3) years from
the date of preliminary approval. The Municipal Clerk shall immediately
notify the Secretary of the Planning Board upon receipt of a final
plat, and the Planning Board shall act upon the final plat within
forty-five (45) days after the date of submission for final approval
to the Municipal Clerk.
B.
The original tracing, one (1) translucent tracing-cloth copy, two
(2) cloth prints, six (6) black-on-white prints and three (3) copies
of the application form for final approval shall be submitted to the
Secretary of the Planning Board at least five (5) days prior to the
date of a regular Planning Board meeting. Unless the preliminary plat
is approved without changes, the final plat shall have incorporated
all changes or modifications required by the Planning Board.
C.
The final plat shall be accompanied by a statement by the Municipal
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation, identifying those portions already installed
and those to be installed, and that the subdivider has complied with
one (1) or both of the following:
D.
Any plat which requires County Planning Board approval pursuant to
N.J.S.A. 40:27-12[1] shall be forwarded to the County Planning Board, if there
is one, for its action prior to final approval by the governing body.
[1]
Editor's Note: N.J.S.A. 40:27-12 was repealed by Chapter 285
of the Laws of 1968. For current statutory provisions, see N.J.S.A.
40:27-6.1 through 27-6.13.
E.
If the Planned Board favorably refers a final plat to the governing
body, the governing body shall take action not later than the second
regular meeting following the referral, noting its action on the plat,
with the Chairman affixing his signature thereto if said action is
favorable.
F.
Failure of the Planning Board and governing body to act within the
allotted time or a mutually agreed upon extension shall be deemed
to be favorable approval, and the Municipal Clerk shall issue a certificate
to that effect.
H.
If any person shall be aggrieved by the action of the Planning Board, appeal in writing to the governing body may be taken within ten (10) days after the date of the action of the Planning Board. A hearing thereon shall be had on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing, the governing body may affirm or reverse the action of the Planning Board by a recorded vote of a majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the governing body, and the applying party shall be given a copy. Decisions resulting from an appeal affecting a subdivision within the Pinelands Area of the township shall be subject to the requirements for notification and review by the Pinelands Commission, as specified under § 40-42 of Chapter 40, Land Use Procedures.
[Amended 8-25-82 by Ord. No. 0-8-82; 2-23-83 by Ord. No. 0-8-83]
I.
Upon final approval, copies of the final plat shall be filed by the
Planning Board with the following:
[Amended 8-25-82 by Ord. No. 0-8-82]
J.
The final plat, after final approval by the governing body, shall
be filed by the subdivider with the county recording officer within
ninety (90) days from the date of such approval. If any final plat
is not filed within this period, the approval shall expire.
[Amended 8-25-82 by Ord. No. 0-8-82]
K.
No plat shall be accepted for filing by the county recording officer
unless it has been duly approved by the governing body of the Township
of Winslow and signed by the Chairman.
[Amended 8-25-82 by Ord. No. 0-8-82]