Township of Lebanon, NJ Article V Procedure for Subdivision Approval

§ 330-21 General; appearance at meetings.

Any applicant wishing to subdivide or resubdivide land within the Township shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all regular meetings of the Planning Board whenever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application for that particular meeting if the applicant or his agent's absence deprives the Planning Board of information necessary to make a decision.

§ 330-22 Submission of sketch plat.

[Amended by Ord. No. 7-1984; Ord. No. 12-1987; Ord. No. 2002-09]

A. Procedure. An applicant for the subdivision of land shall submit to the Planning Board Secretary a complete application for subdivision, the required application fee, proof of taxes paid, an original and a copy of the deed of conveyance, and sufficient copies of a sketch plat containing the information required in Article VI.

B. Classification.

(1) The Subdivision Committee shall review the plat prior to the Planning Board meeting and recommend it be classified as a minor or major subdivision. The Subdivision Committee shall also report its recommendations on the plat itself to the Planning Board.

(2) The Planning Board shall have the right to approve or change the classification by majority rule. The Planning Board shall also have the right to classify any subdivision, regardless of the number of lots or the time period when submitted, as a major subdivision if, in its opinion, the subdivision may adversely affect the planning for the remainder of the tract or adversely affect adjacent properties.

C. Minor subdivision.

(1) If classified as a minor subdivision, the Planning Board shall approve, conditionally approve, or disapprove the minor subdivision within 45 days of submission of a complete application to the secretary and after receipt of comments by agencies or officials to whom the plat has been referred, or after 30 days have elapsed from referral without any comments. If approved, a notation to that effect shall be made on the plat and it shall be signed by the Planning Board Chairman and the Planning Board Secretary and returned to the subdivider within one week following the next regular meeting of the Planning Board. If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be returned to the applicant.

(2) If conditionally approved, the plat shall not be signed until all conditions of approval have been met or bonds have been posted in accordance with this chapter for any improvement required as a condition of approval.

D. Filing with County Recording Officer. If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960[1] or a deed stamped with the date of Planning Board approval shall be filed with the County Recording Officer within 190 days from the date of approval. Failure to file within 190 days shall void the subdivision approval.

[1] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

E. Limit on minor subdivisions. A property may be subdivided into minor subdivision lots at a rate not exceeding three lots and the remaining parcel in any forty-eight-month period. The three lots subdivided and the remaining parcel shall not again be resubdivided into a minor subdivision during the forty-eight-month period.

F. Approved minor subdivisions; municipal distribution. The Secretary of the Planning Board shall distribute copies of the approved minor subdivision plat and the certified copy of the deed to each of the following:

(1) Township Engineer.

(2) Township Construction Official (two copies).

(3) Township Tax Assessor.

G. Effect of minor subdivision approval. The granting of minor subdivision approval shall guarantee that 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 three years after the date of minor subdivision approval; provided that the approved minor subdivision shall have been duly recorded as provided in Subsection D of this section.

H. Sketch plat classified as a major subdivision. If the sketch plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the applicant for compliance with § 330-23.

§ 330-23 Submission of major subdivision for preliminary approval.

[Amended by Ord. No. 12-1987]

A. Submission. At least 10 legible prints of the plat containing all data required in Article VI of this chapter together with three completed application forms for preliminary approval, completed Planning Board checklist, and all appropriate fees herein shall be submitted to the Planning Board Clerk at least 30 days prior to the regular Planning Board meeting at which it is to be considered.

B. Exhibits required with the preliminary plat. The following exhibits shall be filed with all preliminary plats:

(1) Two copies of an affidavit of ownership or letter from owner authorizing submission of the plat.

(2) Two copies of a letter of intent stating the following information:

(a) Type of structure(s) to be erected;

(b) Approximate date of start of construction;

(c) Priority of construction (point or location);

(d) Estimated number of lots on which final approval will be requested for the first section.

C. Distribution. Copies of the preliminary plat and exhibits shall be forwarded immediately upon receipt to the following parties:

(1) Township Engineer.

(2) Township Board of Health.

(3) Township Construction Official.

(4) County Planning Board.

(5) Environmental Commission.

(6) Township Subdivision Committee.

(7) Any other official or agency which may be affected by the proposed subdivision or required to be notified by law.

D. Review. The officials and agencies cited in Subsection C shall forward their views and recommendations in writing to the Planning Board within 30 days from the receipt of the plat. The Subdivision Committee may recommend certain changes based on their review and the comments of other officials and agencies. A full report of all meetings, recommendations and discussions shall be forwarded to the Planning Board within 30 days after receipt of the plat by the Committee. If the application is found to be deficient, the applicant shall be notified in writing by certified mail, return receipt requested, within 45 days of submission.

E. Notice of public hearing. After all comments have been received, or after 30 days have elapsed, and after the applicant has revised the plan to meet required changes, the Planning Board shall, after a review of the plat, and if all requirements are met, and application is complete, set the date for the public hearing in accordance with Article IV of this chapter and shall notify the subdivider of such date.

F. Exhibits required prior to public hearing. At the public hearing, the following shall be submitted to the Planning Board by the applicant:

(1) Copy of advertisement required under § 330-17C.

(2) Affidavit. Affidavit of notice of public hearing to persons served giving a list of the names, addresses and lot and block number of owners so notified, how served, date of service, and a copy of the notice and mail receipt.

(3) Water supplier. If appropriate, a letter from the water supplier stating that the water system, as proposed, is adequate for the development and all future extensions thereof. The letter shall state the present safe daily yield of the system, the expected demand by the development on the system, and the remaining safe daily yield of the system.

(4) Fire Department. If appropriate, a letter from the Fire Department signed by the Chief of the Department, stating that the proposed water lines and fire hydrants are adequate for protection from fire in the proposed development, and that the type of hydrant to be installed has been approved by it.

G. Time limitation.

(1) The Planning Board shall act on the plat within 45 days after submission of a complete application including all fees, maps and exhibits for 10 or fewer lots and 95 days for a subdivision of more than 10 lots. Failure of the Planning Board to act within the above time periods or within a time extension mutually agreed upon shall be considered an approval. If the Planning Board disapproves a plat, the reasons for the disapproval shall be communicated in writing to the applicant within 10 days of the date of the decision, and a brief notice of the decision shall be advertised as required by § 330-20. No action shall be taken until receipt of County Planning Board review or until 30 days have elapsed from date of referral to the county.

(2) If substantial changes or amendments are required as a result of the public hearing or of the Planning Board deliberations, the applicant may be required to resubmit the plat for preliminary approval.

H. Planning Board action. The Planning Board shall approve, conditionally approve, or reject the application. Approval, or conditional approval, confers upon the applicant the following rights for a three-year period from the date of approval or conditional approval:

(1) 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; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

(2) 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) Other required approvals. If either the Planning Board or County Planning Board disapprove a plat, the reasons for disapproval shall be remedied prior to further consideration. If approval is required by any other officer or public body, the same procedure as applies to submission and approval by the County Planning Board shall apply. The Planning Board shall grant conditional approval in appropriate instances, subject to the subsequent approval of other officers or public bodies.

(4) Conditional approvals. Conditional approval, except as required in Subsection H(3), may be granted by the Planning Board for matters of a minor nature. Specifically, these minor matters may include submission of revised exhibits, failure to include information required by the ordinance which does not affect the basic design, and administrative requirements. Conditional approval may only be granted if in meeting the conditions the design of the subdivision will not change and the layout, lot sizes, and other requirements will remain as submitted.

(5) Signatures. If the Planning Board favorably acts and grants preliminary approval, the Chairman and Secretary of the Planning Board shall affix their signatures to the plat with a notation that it has received preliminary approval and shall return same to the subdivider for compliance with final approval requirements. Where conditional approval is granted, the Chairman and the Secretary of the Planning Board shall affix their signatures to the plat only when all conditions required for approval have been met.

I. Extension.

(1) 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 may govern.

(2) In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection H above for such period of time, longer than three years, 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) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the above factors, provided that, if the design standards have been revised, such revised standards may be required by the Planning Board.

§ 330-24 Submission of final plat of major subdivision.

[Amended by Ord. No. 12-1987]

A. Submission.

(1) The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided in § 330-23I.

(2) One original tracing, one translucent cloth copy, two cloth prints, and 10 black and white prints, three copies of an application for final approval, completed Planning Board checklists, and the appropriate fees as required in § 400-54D(3)(a)[3][c] herein shall be submitted to the Planning Board at least 30 days prior to the regular Planning Board meeting at which it is to be considered.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(3) Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board, including conditions of preliminary approval. The applicant shall submit an affidavit indicating no changes or those changes noted.

B. Exhibits required prior to final approval. The following exhibits shall accompany the application for final approval, in addition to any other exhibits that may have been required by the Board as a condition of final approval:

(1) Township Engineer. A letter from the Township Engineer indicating:

(a) The Engineer is in receipt of a map showing all utilities and improvements in exact location and elevation identifying those portions already installed and those to be installed.

(b) The subdivider has either completed the installation of all improvements in accordance with the requirements of this chapter or other Township ordinances or posted with the Township Clerk a performance guarantee in an amount sufficient to cover the cost of all improvements required in Article VII of this chapter, or uncompleted portions thereof, as estimated by the Township Engineer, and assuring the installation of such improvements on or before an agreed date.

(c) All items and amounts required for the corporate surety maintenance guarantee.

(d) The final plat conforms to the preliminary plat as submitted and approved.

(2) Board of Health. A letter from the Township Board of Health or appropriate municipal authority approving the proposed individual sewage disposal facility and individual water supply systems.

(3) Tax Collector. All taxes have been paid to date on the property.

(4) Clerk.

(a) A letter from the Township Clerk indicating that the amount, form and content of the maintenance guarantee has been accepted by the Township Committee.

(b) A letter from the Township Clerk, where appropriate, pursuant to § 330-40 of this chapter, that monies as provided therein have been paid the Township as reimbursement for construction inspection costs incurred since preliminary approval.

C. Distribution. Copies of the final plat shall be distributed to the following:

(1) Township Clerk.

(2) Township Engineer.

(3) Township Construction Official.

(4) Township Tax Assessor.

(5) County Planning Board.

(6) Township Board of Health.

(7) Other municipal, county, agencies or authorities as may be required.

D. Review. No action shall be taken until such time as the above officials review the plat or 30 days have elapsed from date of referral.

E. Time limitation. The Planning Board shall act within 45 days of submission of a completed application, at a regular meeting or within such further time as may be mutually agreed upon. If the Planning Board approves the final plat, a notation to that effect shall be made on each plat and signed by the Chairman and Secretary of the Planning Board. Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval and the Township Clerk shall issue a certificate to that effect.

F. County Planning Board. Any plat which requires County Planning Board approval, pursuant to N.J.S.A. 40:27-6.2, shall be forwarded to the County Planning Board for its action. The Planning Board may grant final approval subject to approval by the County Planning Board.

G. Filing. The final plat approval shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time for the filing of the plat for an additional period not to exceed 95 days. No plat shall be accepted for filing by the Clerk of the County of Hunterdon unless it has been duly approved by the Township of Lebanon Planning Board and signed by its Chairman and Secretary.

H. Effect of final approval. The granting of final approval shall mean that the zoning requirements 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 of final approval; provided that these rights shall expire if the plat has not been duly recorded within the prescribed time period.

I. Extensions.

(1) If the developer has followed the standards prescribed for final approval, and has duly recorded the plat as required by this chapter, the Planning Board may extend such period of protection by extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

(2) In the case of a subdivision for 150 acres or more, the Planning Board may grant the rights referred to in Subsection I(1) of this section for such period of time, longer than two years, 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 final approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development.

(3) The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the above factors.