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Township of Sandyston, NJ
Sussex County
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Table of Contents
Table of Contents
This chapter shall be known as the "Land Subdivision-Site Plan-Development Ordinance of Sandyston."
This chapter shall provide rules, regulations and standards to guide the orderly growth and development of the Township of Sandyston, to promote the public health, safety, convenience and general welfare of the inhabitants and guide the actions of the Planning Board and Zoning Board of Adjustment.
This chapter shall be administered by the Planning Board and, where authorized by statute, the Board of Adjustment, in accordance with applicable provisions of N.J.S.A. 40:55D-1 et seq.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
COAH
The New Jersey Council on Affordable Housing.
[Added 8-1-2006 by Ord. No. 9-06]
DEVELOPMENT
The division of a tract or parcel of land into separate parcels or lots, the construction, reconstruction, conversion, alteration, relocation or enlargement of any building or structure or extension of the use of land for which permission may be required pursuant to this chapter and other municipal regulations.
DEVELOPMENT FEES
Money paid by an individual person, partnership, association, company or corporation for the improvement of property as permitted in COAH’s rules.
[Added 8-1-2006 by Ord. No. 9-06]
EQUALIZED ASSESSED VALUE
The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
[Added 8-1-2006 by Ord. No. 9-06]
FINAL APPROVAL
The official action of the Planning Board on an approved preliminary major subdivision or site plan after all conditions, plans and other requirements have been completed and the required improvements have been installed or guaranties properly posted for their completion or approval, conditioned upon a posting of such guaranty with the governing body, thereby conferring upon the developer rights pursuant to N.J.S.A. 40:55D-52 and § 137-10 of this chapter.
JUDGMENT OF COMPLIANCE
A judgment issued by the Superior Court approving a municipality’s plan to satisfy its fair share obligation.
[Added 8-1-2006 by Ord. No. 9-06]
MAJOR SUBDIVISION
Any subdivision of land not classified as a minor subdivision.
MINOR SITE PLAN
Any addition or alteration to an existing, conforming, nonresidential building, meeting the provisions of Article V, § 137-19.1.
[Added 9-5-2006 by Ord. No. 5-06]
MINOR SUBDIVISION
The division of a lot, tract or parcel of land creating new lots under the following conditions:
[Amended 4-5-1990 by Ord. No. 2-90; 2-12-2008 by Ord. No. 2008-03]
(1) 
No more than three lots meeting the minimum standards of the Sandyston Zoning Ordinance with or without a remainder which at least meets the zone requirements, not requiring the extension of public or municipal services.
(2) 
The division of a parcel of land from an existing legal lot, and its conveyance and annexation to a contiguous lot, whereby the donor lot is not rendered nonconforming under the provision of the Sandyston Zoning Ordinance nor are future developments adversely affected.
(3) 
A minor subdivision shall not include the subdivision of a tract or lot left as a remainder for a period of five years after the granting of a three-lot minor subdivision.
PRELIMINARY APPROVAL
The official action taken by the Planning Board on the maps and plans submitted by a developer for a minor or major subdivision or a site development prior to final approval after specific improvements or elements of development have been agreed upon between applicant and Planning Board, thereby conferring upon the applicant certain rights pursuant to N.J.S.A. 40:55D-49 and § 137-11 of this chapter.
SITE PLAN
A development plan of one or more lots on which is shown:
[Amended 9-5-2006 by Ord. No. 5-06]
(1) 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
(2) 
The location of all existing and proposed buildings, driveways, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices;
(3) 
Any other information that may be reasonably required in order to make an informed determination pursuant to this Code.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, drive, alley or way which is an existing state, county or municipal roadway; or which is shown upon a map heretofore approved pursuant to law; or which is approved by official action of the governing body of the Township of Sandyston; or which is shown on a map recorded with the county recording officer prior to the appointment of a Planning Board, and shall include the land between street lines, whether improved or unimproved, meeting the requirements of Chapter 134, Streets and Sidewalks, Article I, Road Design and Construction, of the Code of the Township of Sandyston.
[Amended 5-7-1991 by Ord. No. 3-91]
SUBDIVISIONS
The division of a lot or tract or parcel of land into two or more lots, sites or divisions for the purpose of sale or development; except the following shall not be construed as "subdivisions," provided that the construction of new public streets shall not be involved:
(1) 
The division of land for agricultural purposes where the resulting parcels shall be no less than five acres.
(2) 
Divisions by testamentary or intestate provisions.
(3) 
Divisions on court order.
(4) 
Conveyances to combine existing lots by deed or other conveyances.
SUBDIVISION COMMITTEE
A committee consisting of three members of the Planning Board, to function for the purpose of classifying subdivisions according to the provisions of this chapter and other ordinances and initiating any necessary action in order to facilitate the action of the Planning Board.
SUBSTANTIVE CERTIFICATION
A determination by COAH approving a municipality’s housing element and fair share plan in accordance with the provisions of the Fair Housing Act[1] and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.
[Added 8-1-2006 by Ord. No. 9-06]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
B. 
Definitions required for clarification of terms used in this chapter shall be based upon those provided in the Municipal Land Use Law, P.L. 1975, c. 291, as amended.[2]
[Amended 10-3-1985]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.