[Amended 5-4-1995 by Ord. No. 4-1995]
The Planning Board Secretary is hereby designated
as the Administrative Officer for the purposes of receiving applications
for development and all other procedures and applications before the
Planning Board of the Township.
Any owner of land lying within the Township
shall, prior to subdividing or resubdividing the land as defined in
this chapter and before conveying legal or equitable title to such
subdivision or any part thereof, apply to the Planning Board for review
and approval of the subdivision plat pursuant to the provisions of
this chapter.
[Amended 11-7-1988 by Ord. No. 8-1988; 9-7-1993 by Ord. No. 5-1993]
A.
Any developer in the Township requesting approval
of the proposed minor subdivision shall, prior to subdividing or resubdividing
land as defined in this chapter, submit the following to the Secretary
of the Planning Board at least 28 days prior to the regular meeting
of the Planning Board:
(1)
Twelve copies of the sketch plat of the proposed minor
subdivision.
(2)
Three copies of the application on forms to be obtained
from the Secretary of the Planning Board.
(3)
One copy of the County Planning Board application
form to be obtained from the County Planning Board.
(4)
The proper fees and escrows as set forth herein or
in any other ordinance of the Township.
B.
Distribution of copies.
(1)
The Secretary of the Planning Board shall, upon receipt
of the application, fees and escrows, mark each copy with the appropriate
application number and the person to receive such copy and shall immediately
forward copies of the plat, together with a form requesting return
of the plat with comment within 14 days, to the following:
(2)
One copy is to be placed on file in the office of
the Board Secretary for public inspection.
C.
Any action taken by the Planning Board before the
expiration of the thirty-day period within which the County Planning
Board may review or approve the subdivision or within any such period
of time mutually agreed upon shall be conditioned on such action.
Should the County Planning Board fail to act within 30 days on any
subdivision and fail to receive an approved extension of time, the
Secretary of the County Planning Board shall attest on the plat the
failure of the County Planning Board to act within the required time
period. If the County Planning Board disapproves a plat, the reasons
for disapproval shall be remedied prior to further consideration.
D.
Any minor subdivision submitted to the Township for
action shall include as a condition of any approval a finding by the
Board of Health that the soils found on the property would support
the design of a septic system under existing code. In approving a
minor subdivision the Planning Board shall find that:
[Amended 7-18-1994 by Ord. No. 5-1994]
(1)
Any back land or other lands of the subdivider not divided into lots will in no way be adversely affected; that a feasible means of ingress and egress from the other land is available; and that such land can ultimately be developed in full compliance with the terms of this chapter, the zoning regulations of the Township, Chapter 213 (Streets and Sidewalks) and any other land use regulation of the Township.
(2)
The Township Planner has filed a report with the Board
prior to its approval, certifying that:
(a)
The lots resulting from the proposed minor subdivision
presently comply with the provisions of this chapter and the zoning
regulations of the Township.
(b)
A feasible means of access to other lands of
the subdivider exists and that such land ultimately can be developed
in compliance with the provisions of this chapter and the zoning regulations.
(c)
The approval of the proposed minor subdivision
will not adversely affect the remainder of the tract from the standpoint
of future location of water and sewer mains, storm sewers and similar
improvements and of the desirable street patterns and connections
with existing streets which may ultimately be required.
(d)
Curbs, sidewalks and other improvements required
by this chapter are in existence or that the developer has posted
adequate performance guaranties to ensure the installation of the
improvements within such time as may be required by the Planning Board.
E.
(Reserved)
F.
The action of the Planning Board in this section shall
be taken within 45 days of the submission of a complete plat of the
proposed minor subdivision in accordance with the checklist for such
application or within such further time as is agreed to by the subdivider
and the Planning Board, in accordance with the provisions of N.J.S.A.
40:55D-47.
G.
Upon approval by the Planning Board, a notation to
that effect shall be made on the plat, which shall be signed by the
Chairman and returned to the developer, and one approved copy shall
be furnished to each of the following:
H.
Approval of a minor subdivision shall expire 190 days
from the date on which the resolution of municipal approval is adopted
unless within such period a plat in conformity with such approval
and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.), or a deed clearly describing the approved minor
subdivision is filed by the developer with the county recording officer,
the Municipal Engineer and the Municipal Tax Assessor. Any such plat
or deed accepted for such filing shall have been signed by the Chairman
and Secretary of the Planning Board. In reviewing the application
for development for a proposed minor subdivision, the Planning Board
may be permitted by ordinance to accept a plat not in conformity with
the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),
provided that if the developer chooses to file the minor subdivision,
as provided herein, by plat rather than deed, such plat shall conform
to the provisions of said law.
(1)
The Planning Board may also extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed as hereinabove
set forth if a developer proves to the reasonable satisfaction of
the Planning Board that the developer was barred or prevented, directly
or indirectly, from filing said map because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for the extension either before or after what would otherwise
be the expiration date. Any such extension shall be conditioned upon
payment of all fees, escrows, taxes or other moneys due and owing
the municipality relating to the property.
(2)
The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board, but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 191st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
Any such extension shall be conditioned upon payment of all fees,
escrows, taxes or other moneys due and owing the municipality relating
to the property.
I.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided in this section.
[Amended 7-7-1982; 9-7-1993 by Ord. No. 5-1993]
A concept plan of a major subdivision may be
submitted for discussion before the preliminary plat is prepared.
This step is recommended by the Planning Board. As its name indicates,
the concept plan is designed to enable the Planning Board and the
applicant to discuss principles involved before the applicant has
gone to the expense of completing detailed engineering drawings. The
Planning Board will provide guidance; however, this guidance will
not be binding upon the developer, the Township or the Planning Board
and may be subject to change. It is designed to enable the applicant
to proceed on a reasonably sound basis. It should be emphasized that
concept approval does not carry the authority to proceed with construction,
nor does it necessarily guarantee approval of a preliminary plat submitted
in accordance with this chapter. Where disturbance of environmentally
sensitive areas would result from collection of soils or other pertinent
data, the opinion of the Board shall be solicited as to the mitigation
of such disturbance prior to its occurrence.
A.
Any developer in the Township requesting approval
of a proposed concept plat of a major subdivision shall, prior to
subdividing or resubdividing land as designated in this chapter, submit
the following to the Secretary of the Planning Board at least 28 days
prior to the regular Planning Board meeting:
B.
The Secretary of the Planning Board shall mark each
copy with the appropriate application number and the person to receive
such copy and shall forward copies of the plat, together with a form
requesting return of the plat with comment within 14 days, to the
following:
C.
One copy will be on file in the office of the Planning
Board Secretary for public inspection.
[Amended 11-7-1988 by Ord. No. 8-1988; 9-7-1993 by Ord. No. 5-1993]
A.
Any developer in the Township requesting approval
of a proposed preliminary plat of a major subdivision shall, prior
to subdividing or resubdividing land as designated in this chapter,
submit the following to the Secretary of the Planning Board:
(1)
Twelve copies of the preliminary plat of the proposed
major subdivision meeting all the requirements of the preliminary
major subdivision checklist incorporated as part of this section.
(2)
Three copies of the application on forms to be obtained
from the Secretary of the Planning Board.
(3)
One copy of the County Planning Board application
form to be obtained from the County Planning Board.
(4)
The proper fees and escrows as set forth herein or
in other ordinance of the Township.
B.
Distribution of copies.
(1)
The Secretary of the Planning Board shall, prior to
the regular meeting of the Planning Board, mark each copy with the
appropriate application number and the person to receive each copy
and shall immediately forward copies of the plat, together with a
form requesting the return of the plat with comment within 14 days,
to the following:
(2)
One copy will be placed on file in office of the Planning
Board Secretary for public inspection.
C.
Approval of the preliminary plat shall not be given
by the Board until the report of each of the above agencies is received.
If any of the above recommend disapproval of a plat, the reasons for
this disapproval shall be communicated to the developer. If a response
is not had from the above agencies within 30 days of referral, the
Planning Board may elect to assume a favorable report.
D.
Once an application has been deemed complete by the
Planning Board or its authorized agent in accordance with the checklist
for such application, a date for public hearing shall be set. A public
hearing on a proposed subdivision shall be conducted in accordance
with N.J.S.A. 40:55D-48. Whenever an applicant secures the services
of a certified shorthand reporter, who makes and transcribes a stenographic
record of the proceedings, the cost of the stenographic record shall
be paid for by applicant. The Board shall be provided with a copy
of the transcript without cost.
E.
After the Planning Board notifies the applicant of
the date of the hearing, the applicant shall, at his expense, give
written notice of the hearing before the Planning Board in accordance
with N.J.S.A. 40:55D-12.
F.
Upon approval by the Planning Board, a notation to
that effect shall be made on the plat, which shall be signed by the
Chairman and returned to the subdivider for compliance with final
approval requirements as set forth hereinafter. Copies of the preliminary
plat shall be filed by the Planning Board with the following:
G.
Approval of a preliminary plat by the Planning Board
shall confer upon the applicant for a period of three years from the
date on which the resolution of preliminary approval was adopted all
the rights specified in N.J.S.A. 40:55D-49, including the right to
apply for extensions thereof as set forth in said section.
[Amended 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No.
5-1994; 6-6-2005 by Ord. No. 7-2005]
A.
Before recording a subdivision plat, as a condition
of site plan approval, or as a condition to the issuance of a zoning
permit pursuant to N.J.S.A. 40:55D-65, the applicant shall have installed
all improvements required by the Planning Board within three years
of the date of the preliminary approval or zoning permit, which time
may be extended upon application to the Township Planning Board, provided
such application is filed 30 days prior to the expiration of such
three-year period; or in lieu thereof, the Planning Board shall require
the applicant to post an adequate performance bond; provided, however,
that no such performance guarantee shall be considered filed or accepted
for filing until the following conditions are met:
(1)
The Township Engineer shall certify in writing to
the Planning Board that the amount thereof is sufficient to assure
the completion of the improvements.
(2)
The Township Attorney shall approve the sufficiency
of the form and execution of the performance guaranty.
(3)
The Township Council shall approve the qualifications
of the surety and stipulated to the duration of the guaranty.
B.
The performance guaranty shall be in favor of the
Township in an amount not less than the cost of the improvements as
determined by the Township Engineer, and not more than 120% of such
cost which shall be estimated by the Municipal Engineer based on documented
construction costs for public improvements prevailing in the general
area of the Township. The performance guaranty shall be in the form
of a performance bond issued by a bonding or surety company, a letter
of credit or another type of security approved by the Township Attorney.
A letter or letters of credit meeting the requirements of N.J.S.A.
40:55D-53.5 may be used for all or any portion of the required performance
guaranty. Ten percent of the performance guaranty shall be in cash.
The applicant/obligor may appeal the Township Engineer's estimate
to the governing body. The governing body shall decide the appeal
within 45 days of receipt of the appeal in writing by the Township
Clerk. After posting a guaranty with the Township based on the cost
of the installation of improvements as determined by the governing
body, the applicant/obligor may institute legal action within one
year of the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guaranty.
C.
As set forth in Subsection A above, the time allowed for installation of the improvements for which the performance guaranty has been provided may be extended. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time and passage of the resolution granting such extension. Adjustment in the amount of the cash deposit shall be in the same proportion as the bond or other security.
D.
Upon substantial completion of all required street
improvements (except for the top course) and the appurtenant drainage,
utility and other improvements (and the connection of same to the
public system), the applicant/obligor may request of the governing
body, in writing, by certified mail, address in care of the Township
Clerk, that the Township Engineer prepare, in accordance with the
itemized cost estimate prepared by said Engineer and appended to the
performance guaranty, a list of all uncompleted or unsatisfactorily
completed improvements. If such request is made, the applicant/obligor
shall send a copy of the request to the Township Engineer. The request
shall indicate which improvements have been completed and which improvements
remain uncompleted in the judgment of the applicant/obligor. Thereupon,
the Township Engineer shall inspect all improvements covered by applicant/obligor's
request and shall file a detailed list and report in writing, with
the governing body, and shall simultaneously send a copy thereof to
the obligor not later than 45 days after the receipt of the obligor's
request. The list prepared by the Township Engineer shall state, in
detail, with respect to each improvement determined to be incomplete
or unsatisfactory, the nature and extent of the incompleteness of
each incomplete improvement, or the nature and extent of, and remedy
for, the unsatisfactory state of each completed improvement determined
to be unsatisfactory. That report prepared by the Township Engineer
shall identify each improvement determined to be complete and satisfactory,
together with a recommendation as to the amount of reduction to be
made in the performance guaranty relating to the completed and satisfactory
improvement, in accordance with the itemized cost estimate prepared
by the Township Engineer and appended to the performance guaranty.
E.
The Township Council shall either approve, partially
approve or reject the improvements on the basis of the report of the
Township Engineer and shall notify the applicant/obligor, in writing,
by certified mail, of the contents of said report and the action of
the Township Council with relation thereto, not later than 65 days
after receipt of the notice from the applicant/obligor of the completion
of the improvements. Where partial approval is granted, the applicant/obligor
shall be released from all liability pursuant to its performance guaranty
except for that portion adequately sufficient to secure provision
of the improvements not yet approved. Failure of the Township Council
to send or provide such notification to the applicant/obligor within
65 days shall be deemed to constitute approval of the improvements,
and the applicant/obligor and surety, if any, shall be released from
all liability pursuant to such performance guaranty.
F.
If any portion of the required improvements are rejected,
the Township Council may require the obligor to complete such improvements,
and upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
G.
Prior to release of the performance guaranty, the
applicant/obligor shall furnish the Township with a maintenance guaranty
for a period not to exceed two years. The maintenance guaranty shall
be in the amount of 15% of the cost of the improvements as estimated
by the Township Engineer.
H.
Any applicant posting a bond to insure the installation
of on-tract improvements shall reimburse Byram Township for all reasonable
inspection fees paid to the Township Engineer for inspection of such
improvements. For such inspections, applicant/obligor shall deposit
with the Township an amount not to exceed, except for extraordinary
circumstances, the greater of $500 or 5% of the cost of improvements,
which costs shall be determined pursuant to N.J.S.A. 40:55D-53.4.
The applicant/obligor shall replenish the deposit for inspection fees
as requested by the Township. The Township Engineer shall not perform
any inspection if funds on deposit are not sufficient to pay therefor.
[Amended 11-7-1988 by Ord. No. 8-1988; 9-7-1993 by Ord. No. 5-1993; 7-18-1994 by Ord. No. 5-1994]
A.
The final plat shall be submitted to the Secretary
of the Planning Board for submission to the Planning Board for final
approval within three years from the date of the preliminary approval.
The Planning Board shall act upon the final plat within 45 days of
the application having been deemed complete by the Planning Board
or the Administrative Officer in accordance with the checklist for
such application or within such further time for which the subdivider
may agree in writing.
B.
Distribution of copies.
(1)
The developer shall submit the following to the Secretary
of the Planning Board:
(a)
Twelve copies of the final plat of the proposed
major subdivision. Such plat shall include all items required by the
final major subdivision checklist incorporated as part of this chapter.
(b)
Three copies of the application on forms to
be obtained from the Secretary of the Planning Board.
(c)
One copy of the County Planning Board application
form to be obtained from the County Planning Board.
(d)
The proper fees and escrows as set forth herein
or in any other ordinance of the Township.
(2)
The Secretary of the Planning Board shall mark each
copy with the appropriate application number and the person to receive
each copy and shall immediately forward copies of the plat, together
with a form requesting the return of the plat with comment within
14 days, to the following:
(3)
One copy will be placed on file in the office of the
Planning Board Secretary for public inspection.
C.
The final plat shall be accompanied by a statement
by the Township 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 developer
has complied with one or both of the following:
(1)
Installed all improvements in accordance with the
requirements of these regulations; or
D.
Any action taken by the Planning Board before the
expiration of the thirty-day period within which the County Planning
Board may review or approve the final plat shall be conditioned on
such review or approval. Should the County Planning Board fail to
act within 30 days and fail to receive an approved extension of time,
the Secretary of the County Planning Board shall attest on the plat
the failure of the County Planning Board to act within the required
time, indicating authorization for municipal approval and recording
with the county recording officer.
E.
If the Planning Board approves the final plat, a notation
to that effect shall be made on each plat, and it shall be signed
by the Chairman and the Secretary of the Planning Board.
F.
Failure of the Planning Board to act within the allotted
time or a mutually agreed upon extension shall be deemed to be approval,
and the Planning Board Secretary shall issue a certificate to that
effect.
H.
The final plat, after final approval by the Planning
Board, shall be filed by the subdivider with the Clerk of the County
of Sussex within 95 days from the date of such approval. If any final
plat is not filed within this period, the approval shall expire. The
Township Council, for good cause shown, may extend the time for filing
for a period not to exceed 190 days from the date of signing of the
plat.
(1)
The Planning Board may also extend the ninety-five-day
or one-hundred-ninety-day period if a developer proves to the reasonable
satisfaction of the Planning Board that the developer was barred or
prevented, directly or indirectly, from filing because of delays in
obtaining legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration
date. Any such approval shall be conditioned upon payment of all fees,
escrows, taxes or other moneys due and owing the municipality relating
to the property.
(2)
The zoning rights applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed for a period of two
years after the date on which the resolution of final approval was
adopted. Extensions of final approval may be granted pursuant to the
provisions of N.J.S.A. 40:55D-52.
I.
No plat shall be accepted for filing by the Clerk
of the County of Sussex unless it has been duly approved by the Planning
Board and signed by the Chairman and the Secretary.
