A.
As a condition for any stage of subdivision approval
(sketch, preliminary or final), the developer shall submit proof from
the Oxford Township Tax Collector or other designated official that
no taxes or assessments for local improvements are due or delinquent
on the property for which the site plan application is made.
B.
As a condition of subdivision approval of a tract
into six or more lots, or of applying for a variance to construct
a multiple dwelling of 25 or more family units, the applicant, where
it is a corporation or partnership, shall submit as part of its application
a list of all stockholders or individual partners owning at least
10% of its stock or at least 10% of the interest in the partnership,
as the case may be, pursuant to N.J.S.A. 40:55D-48.1, plus, pursuant
to N.J.S.A. 40:55D-48.2, if applicable, a list of all stockholders
or individual partners owning at least 10% of the stock or partnership
interest in a corporation or partnership subject to disclosure pursuant
to N.J.S.A. 40:55D-48.1.
[Amended 10-21-1993 by Ord. No. 93-11]
A.
B.
Procedure.
(1)
Submission of sketch plat.
(a)
Nine paper prints of the sketch plat, together with four copies of a completed application and a filing fee as required in Schedule I, Fees, located at the end of Chapter 51, Land Use Procedures, shall be submitted to the Township Engineer, who shall review the application to determine if it is complete. No subdivision shall be classified until a complete application has been submitted. Upon receipt of a complete application, the Township Engineer shall forward eight copies to the Secretary of the Land Use Board.
(2)
When classified as a minor subdivision by unanimous
action of the Subdivision Committee and the Township Engineer:
(a)
The sketch plat original shall be marked and
classified as a minor subdivision by the Subdivision Committee.
(b)
Minor subdivision approval shall be granted
or denied within 45 days of the date of submission of a complete application
to the Township Engineer or within such further time as may be consented
to by the applicant or as provided by the Municipal Land Use Law.
Failure of the Board to act within such time shall constitute minor
subdivision approval.
(c)
Whenever review or approval of the application
by the County Planning Board is required, the 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.
(e)
If a map is submitted, the procedure for distribution as provided in Subsection B(1)(b) of this section shall be followed.
(g)
Approval of a minor subdivision shall expire
190 days from the date of municipal approval unless, within such period,
a plat in conformity with such approval and the provisions of the
Map Filing Law, or a deed clearly describing the minor subdivision,
is filed by the developer with the county recording officer, the Municipal
Engineer and the Municipal Tax Assessor.
(h)
The Board or Subdivision Committee may condition
such approval on terms ensuring the provision of improvements pursuant
to the terms of this chapter or any other ordinance so requiring such
improvements.
A.
Introduction.
(1)
A preliminary plat and the supporting documents for
a proposed subdivision constitute the material to be officially submitted
to the Board. They show the general design of the subdivision and
its public improvements so that the Board can indicate its approval
or disapproval of the subdivision prior to the time that the final
plat, including the design and detailing of the public improvements
and utilities, is completed. Approval of the preliminary plat does
not constitute an approval of the final plat, nor should it be considered
a valid basis for the construction of site improvements nor for other
commitments which depend upon its design characteristics.
(2)
When revision of a preliminary plat is made, six prints
of the revised preliminary plat shall be filed and distributed upon
resubmission, so that the files of the Board and other Township officials
will be current.
(3)
The preliminary plat shall serve as a key map to subdivisions
subsequently laid out in sections on separate final plats.
B.
Procedures.
(1)
Procedure to be followed by the applicant. The preliminary
plat shall be submitted to the Township Engineer. The submission shall
include the following:
(2)
Procedure to be followed by the Township Engineer
and Board Secretary.
(a)
The Township Engineer shall review the submittal
to determine if it is complete and shall transmit all fees to the
Township Clerk and:
[Amended 10-21-1993 by Ord. No. 93-11]
(b)
Upon determination of a complete application,
the Township Engineer shall retain one complete set of the preliminary
submission and forward the remainder to the Board Secretary, who shall
distribute them as follows:
(c)
Upon submission to the Township Engineer of
a complete application for a subdivision of 10 or fewer lots, the
Board shall grant or deny preliminary approval within 45 days of the
date of such submission or within such further time as may be consented
to by the developer or as provided by the Municipal Land Use Law.
Upon submission of a complete application for subdivision of more
than 10 lots, the Board shall grant or deny preliminary approval within
95 days of the date of submission or within such further time as may
be consented to by the developer, or as provided by the Municipal
Land Use Law. Otherwise, the Board shall be deemed to have granted
preliminary approval.
(3)
Notification. Upon determination of the filing of a complete application as provided in Subsection B(2), the applicant shall cause notice of a public hearing on the preliminary plat submission to be published in the official newspaper of the Township at least 10 days prior to the date set for a hearing and shall give notice of the hearing on the application pursuant to the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-12, and its amendments and supplements thereto. The contents of said notice shall be as required by N.J.S.A. 40:55D-11, and any amendments and supplements thereto. The subdivider shall furnish the Board with the returned receipts.
[Amended 10-21-1993 by Ord. No. 93-11]
(4)
Procedure for approval.
(a)
A hearing shall be scheduled by the Board Secretary
and held not less than 10 days prior to the date the Board is required
to act pursuant to the terms of this chapter and the Municipal Land
Use Law, including any extensions of time as may be consented to by
the applicant. The applicant shall be advised of the hearing date
at least 20 days prior thereto.
(b)
Reports.
[1]
The Township Engineer shall prepare and submit
a report of findings for Board consideration and action prior to the
hearing.
[2]
Whenever review or approval of the application
by the County Planning Board is required, the 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.
(c)
A copy of the action taken by the Board shall
be forwarded to the applicant, or his representative who appeared
for him, within 10 days of the hearing, to the Township Clerk and
to the Township Engineer. Each decision shall be in writing and shall
include findings of fact and conclusions based thereon.
(d)
If the Board approves the preliminary plat and
all conditions have been met, the Chairman of the Board shall sign
the preliminary plat original with a notation that it has received
approval, and it shall then be returned to the applicant for compliance
with final plat approval requirements as provided in this chapter;
provided, however, that, prior to the return of the original tracing,
the applicant shall have provided the Township Engineer with a complete
set of Mylar or other suitable base reproducibles of the preliminary
plat.
C.
Expiration of preliminary approval.
(1)
Board approval of the preliminary plat shall expire
three years after the date of such formal action, except that, in
cases of 50 acres or more, extensions may be granted pursuant to N.J.S.A.
40:55D-49d, and its amendments and supplements thereto.
(2)
Board approval of the preliminary plat confers upon
the subdivision applicant the following rights:
A.
Improvements prior to final approval. Before consideration of a final subdivision plat, the subdivider shall have installed the improvements required under the provisions of this chapter and Chapter 294, Article I, Road Acceptance Specifications, and Chapter 340, Zoning, except sidewalks and final paving course of all streets and roads. Prior to the start of any construction of such improvements, the subdivider shall submit for approval by the Township Engineer and the Board the following:
B.
Introduction.
(1)
A final plat and supporting drawings and documents
for a proposed subdivision constitute the complete development of
the subdivision proposal and include the recommendations resulting
from the Board review of the preliminary plat, as well as the improvements
and utility plans. After public hearing and approval by the Board,
this complete submission, accompanied by the performance guaranty
as approved by the Township Committee for those improvements which
are not required to be completed prior to consideration of the final
subdivision plat, becomes the basis for the construction of the uncompleted
portions of the subdivision. The plat itself must be recorded at the
County Clerk's office to have legal status. An unrecorded plat is
not a valid basis for completion of site improvements or other commitments.
(2)
The final plat itself shall be an accurate survey
record of the properties resulting from the subdivision.
C.
Procedures.
(1)
Procedure to be followed by the applicant.
(a)
The final plat shall be submitted to the Township
Engineer.
(b)
The submission shall include the following:
[1]
Nine copies of the application for final plat
approval.
[2]
Nine paper prints of the final plat.
[3]
Evidence of the completion of all improvements,
except sidewalks and final paving course of all streets.
[4]
Five copies of a letter, in appropriate cases,
directed to the Chairman of the Board, signed by a responsible official
of the State or County Highway Department, approving construction
on state or county rights-of-way.
[5]
Five copies of deeds of dedication for all properties,
including street rights-of-way, which are being offered to the Township
for dedication.
(2)
Procedure to be followed by the Township Engineer
and Board Secretary.
(a)
The Township Engineer shall review the submittal
to determine if it is complete and shall transmit all fees to the
Township Clerk and:
[Amended 10-21-1993 by Ord. No. 93-11]
(b)
Upon determination of a complete application,
the Township Engineer shall retain one copy of the complete application
and forward the remainder to the Board Secretary, who shall distribute
them as follows:
D.
Notification. Upon determination of filing of a complete application pursuant to Subsection C(2), the applicant shall cause notice of a public hearing on the final plat submission to be published in the official newspaper of the Township at least 10 days prior to such hearing.
E.
Procedure for approval.
(1)
A hearing shall be scheduled by the Board Secretary
and held not less than 10 days prior to the date the Board is required
to act pursuant to the terms of this chapter and the Municipal Land
Use Law, including any extensions as may be consented to by the applicant.
The Secretary shall advise the applicant of the meeting date.
(2)
The Township Engineer shall prepare and submit a report
of findings for Board consideration and action prior to the hearing.
(3)
Final approval shall be granted or denied within 45
days after submission of a complete application to the Township Engineer
or within such further time as may be consented to by the applicant
or as provided by the Municipal Land Use Law. Failure to act within
such time shall constitute approval.
(4)
Whenever review or approval of the application by
the County Planning Board is required, the 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.
(5)
If the plat is approved, the subdivider shall carry
out the following steps prior to obtaining the Chairman's signature
of approval:
(a)
Make all required corrections to the satisfaction
of the Board.
(6)
The Chairman of the Board shall sign and date the
final plat upon the following authorization:
(8)
The Board Secretary shall distribute the final plat
drawings in the following manner:
(a)
The Secretary shall retain one Mylar tracing
and two paper prints.
(b)
To the Township Engineer: one paper print of
the plat and one Mylar tracing.
(c)
To the Township Construction Official: one paper
print.
(d)
To the Township Tax Assessor: one paper print.
(e)
To the County Planning Board: one paper print.
(f)
To the Township Clerk: one opaque cloth print
for Township records.
(10)
Board approval of a final plat shall not be deemed
to be acceptance by the Township of any street or other land shown
or offered for dedication to public use.
F.
Expiration of approval.
(1)
Approval of a final plat shall expire 95 days after
the date of the Board resolution authorizing the Chairman to sign
the drawings, unless the applicant shall have filed, within that time
period, a copy of said plat with the county recording officer and
delivered to the Township Clerk a certification of such filing.
(2)
Upon application by the subdivider showing good cause,
the Board may make an extension, not to exceed 190 days, of the approval;
provided, however, that the plat is revised according to any change
in regulations or ordinance applicable to the plat subsequent to the
first resolution.
(3)
Expiration of an approval shall mean that any further
action will require a new filing fee, as well as a review of all previous
findings.
(4)
No final plat shall be accepted for filing by the
County Clerk unless it has been duly approved by the Board and signed
by the Chairman.
After completing the construction of the public improvements and prior to the termination of the guaranty period, the subdivider shall prepare a set of the approved improvement and utility plan and profiles (Mylar reproductions), amended to indicate as-constructed information, and apply to the Township Engineer for a final inspection of the work as provided in § 298-14.
