Prior to the submission of an application for
the approval of a subdivision or site development, any owner or a
developer of land in the Township of Sandyston may submit to the Planning
Board a tentative map or site data, or both, to serve as a basis of
discussion so that the Board may provide informal guidance in the
preparation of a formal application for preliminary approval.
A.
At least 21 days prior to a regular meeting of the Planning Board, any person owning land in Sandyston Township wishing to subdivide or resubdivide his land shall file with the Secretary of the Planning Board the required number of plats or maps so that the Board or its Subdivision Committee may classify the project as minor or major and to provide the basis for discussion of proposed development. Such filing shall include the required number of application forms duly filled out providing all the required data contributory to discussion and hearings, accompanied by the required fee, according to the provisions of Article X.
[Amended 10-3-1985; 2-21-1986; 12-3-1987 by Ord. No. 9-87]
B.
Upon finding that the application is for a minor subdivision, the Planning Board may waive requirements for notice to be given and for a public hearing, and upon finding that all applicable provisions of Article IV of this chapter and Chapter 150 are complied with, a preliminary approval shall be issued with the requirement that the necessary number of maps and county application forms be submitted to the Sussex County Planning Board for its review and approval. Final approval of a minor subdivision by the Planning Board shall be contingent upon timely approval by the County Planning Board. However, in case the County Planning Board fails to reply within 30 days, the Planning Board is empowered to grant final approval for the minor subdivision, provided that the applicant has made no changes in his plans.
[Amended 10-3-1985; 12-3-1987 by Ord. No. 9-87]
C.
In the case of a minor subdivision creating a large
lot in excess of zone requirements, the Planning Board shall decide
the width of the access right-of-way to be created and its location
based upon foreseeable developments in the immediate vicinity.
D.
Final approval of a minor subdivision shall be confirmed
by the dated signatures of the Secretary and Chairman applied to both
the deed and plat of a subdivision, one of which shall be filed with
the county recording officer. Such approval shall expire in 190 days
in case of failure to record either deed or plat.
A.
Any owner of land within Sandyston Township wishing to subdivide or resubdivide land that comes within the definition of a major subdivision shall file with the Secretary of the Planning Board the required number of preliminary plats or site plans, or both, and application forms and other required information in accordance with the procedures of Chapter 94, Land Use Procedures, accompanied by the fees specified in Article X of this chapter. Submission shall be made at least 21 days before a regular meeting of the Planning Board. If the applicant or developer is not the owner of record of the property concerned, he shall file a written statement, signed by the owner, giving consent to the submission of the application.
[Amended 8-3-1985; 2-21-1986; 12-3-1987 by Ord. No. 14-87]
B.
On finding by the Planning Board that the application
is incomplete and that improvements are required, the owner or developer
shall be notified within 45 days of such submission or it shall be
deemed that the application has been fully and properly submitted.
C.
The required number of plats and applications shall
be filed with the Sussex County Planning Board, which shall have 30
days to review and respond. In the absence of a response within the
30 days, the County Planning Board shall be deemed to have approved
the application and plat. Following tentative approval by the Sandyston
Planning Board and before construction begins, the subdivider or developer
shall contract to pay the Township for all protective inspection and
engineering services at a reasonable rate agreed upon between the
developer and the Planning Board. Any unexpended portion of the fees
collected shall be returned to the subdivider, and the subdivider
shall reimburse the Township for payments which exceed the agreed
amount.
[Amended 10-3-1985; 12-3-1987 by Ord. No. 14-87]
D.
The applicant shall notify all persons entitled to notice of hearing on the preliminary application in accordance with the provisions of Chapter 94, Land Use Procedures. If the Planning Board requires substantial additions or changes in the layout or improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development, including the giving of notice in accordance with provisions of N.J.S.A. 40:55D-12. After the public hearing, the Planning Board shall take formal action either approving or disapproving the preliminary plat within the time required by N.J.S.A. 40:55D-48; that is, for 10 or fewer lots, the Planning Board shall have 45 days to act from the date of submission for public hearing and, in the case of more than 10 lots, it shall have 95 days from the date of submission to grant or deny preliminary approval. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the subdivision.
E.
If the plat is disapproved, the reason for disapproval
shall be given to the subdivider in writing. Approval of any application
shall be conditioned upon certification by the Sussex County Soil
Conservation District of a plan for soil erosion and sediment control
under the provisions of P.L. 1975, c. 231.
[Amended 12-3-1987 by Ord. No. 14-87]
F.
If the Planning Board acts favorably on the preliminary
application, the Secretary and the Chairman of the Planning Board
shall affix their signatures to the plat with the notation that tentative
approval has been granted and return it to the subdivider or developer
for compliance with final approval.
A.
Preliminary approval confers upon the applicant the
following rights for a period of three years from the date of approval
by the Planning Board:
(1)
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; and yard dimensions and off-tract improvements;
except that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
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.
(3)
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 shall govern.
B.
Extensions for large subdivisions.
(1)
In the case of a subdivision for an area of 50 acres
or more, the Planning Board may grant the rights referred to above
for such a period of time, longer than three years, as shall be determined
by the Planning Board to be reasonable, taking into consideration;
(2)
The applicant may apply for thereafter, and the Planning
Board may thereafter grant, an extension of preliminary approval for
such additional period of time as shall be determined by the Planning
Board to be reasonable, taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under preliminary approval.
(b)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval.
(c)
The economic conditions.
(d)
The comprehensiveness of the development, provided
that if the design standards shall have been revised, such revised
standards shall govern.
Before consideration of a final application and subdivision plat, the subdivider shall have installed all required improvements under the supervision of or inspection by the Town Engineer or the Building Inspector, except that the Planning Board may accept a performance guaranty approved by the Township Attorney in an amount equal to 120% of the estimated costs of such improvement or unfinished improvement. Ten percent of the performance guaranty shall be paid in cash or certified check which shall be used against the installation and surfacing of roads and sidewalks, street signs, preservation and planting of trees, etc. The amount of the performance guaranty may be reduced or released according to the provisions of N.J.S.A. 40:55D-53 and Article VII of this chapter.
A.
The required number of applications and plats shall be submitted to the Secretary of the Planning Board within the time limit specified according to the provisions of Chapter 94, Land Use Procedures. These shall all be drawn in compliance with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. and Article IV of this chapter. The application shall be accompanied by fees and deposits in amounts as specified in Article X.
[Amended 10-3-1985; 12-3-1987 by Ord. No. 10-87]
B.
Prior to the granting of final approval, the Planning
Board shall have received:
(1)
A letter listing all items covered by the performance
guaranty, giving the quantities of each item, the cost of each and
the total cost of all items.
(2)
A letter from the Township Engineer stating that required
improvements have been installed to his satisfaction and in accordance
with his specifications.
(3)
A letter from the applicant's engineer demonstrating
that the final plat conforms to the preliminary plat as submitted
and approved. The owner shall be liable for additional engineering
fees incurred by the Township where such certification is found to
be incorrect.
C.
Final approval shall be granted or denied within the time specified in Chapter 94, Land Use Procedures. Failure of the Board to act within the prescribed period [45 days after submission of complete application] shall constitute final approval, and a certificate of the Secretary of the Board shall be issued on the request of the applicant and deemed sufficient in lieu of a written endorsement by the Board and shall be so accepted by the county recording officer for filing the subdivision plat. When review and approval by the County Planning Board is required, the Sandyston Planning Board shall condition its approval upon timely receipt of action on the application from the County Planning Board, whereby failure of said Board to render its decision within 30 days shall be deemed as approval.
D.
The subdivider shall file the final plat, duly signed
by the Secretary and Chairman of the Planning Board, within 95 days
of the final approval with the county recording officer, in accordance
with the provisions of N.J.S.A. 40:55D-54. For good and sufficient
reasons, the Planning Board may extend the time for filing for an
additional period not to exceed 190 days from the date of signing
the final plat.
[Amended 10-3-1985]
The grant of final approval of a major subdivision
or site plan confers the following:
A.
Terminates the time period of preliminary approval.
B.
Extends zoning requirements applicable to the preliminary
approval and all rights conferred upon the developer, unchanged for
a period of two years from the date of final approval.
C.
That the final approval of a subdivision shall expire
in 95 days unless the plat shall have been filed with the county recording
officer.
D.
That the Planning Board may extend the period of protection
for a term of one year subsequent to the two-year period, but not
to exceed three extensions.
