Township of West Windsor, NJ Procedure for Subdivision Approval

The administrative officer shall forward, upon receipt of a subdivision application in proper form with requisite fees, one copy of each of an application to the planner, environmental consultant and Township Engineer for their preliminary determination of completeness and classification of the subdivision. The planner, environmental consultant and the Township Engineer shall report back to the administrative officer within seven days of the filing date whether the application is complete or noting items omitted or other deviations of ordinances.

If the application is deemed to be complete, the administrative officer shall distribute copies as stipulated within this Part 2 for the appropriate subdivision review state. The Planning Board may also designate other local or higher governmental agencies to receive copies of any application for review and recommendation beyond those agencies stipulated in this Part 2. If the application is found to be incomplete or in violation of any applicable codes and ordinances, the applicant shall be notified by certified mail as to the items omitted or other deviations of ordinances.

Classification.

[Amended 10-25-1982 by Ord. No. 82-47]

The administrative officer shall determine whether the Planning Board or Zoning Board of Adjustment has approval jurisdiction on the application. The administrative officer may confer with the Township Attorney in making this determination.

The administrative officer shall classify the application as either a minor or major subdivision.

§ 200-46 (Reserved) [1]

Editor's Note: Former § 200-46, Site Plan Review Advisory Board (SPRAB) action on major subdivisions, was repealed 7-30-2018 by Ord. No. 2018-20.

§ 200-47 Requirements common to sketch, preliminary and/or final plat stages.

Map details. All maps or other documents submitted for subdivision plat review shall contain the following information in addition to specific plat details as required for each approval stage noted herein:

The title and location of the property.

The name and address of the landowner and applicant. If a corporation is the landowner or applicant, the principal office and the name of the President and Secretary shall be included.

The name, address and professional license number and seal of the professional preparing documents and drawings. All plats, except those prepared at the sketch stage, shall be signed and sealed by a licensed land surveyor of the State of New Jersey.

The place for the signature of the Chair and Secretary of the Planning Board and Health Officer.[1]

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

The date of the plat and any modifications thereto.

[2]The following legends shall be on the plat map:

(SKETCH) or (PRELIMINARY) or (FINAL)
1.	SUBDIVISION OF
	LOT __________ BLOCK
	ZONE
	DATE _________________ SCALE
	APPLICANT
	ADDRESS
	SUBDIVISION CONTROL NO.
2.	I CONSENT TO THE FILING OF THIS SUBDIVISION PLAT WITH THE PLANNING BOARD OF WEST WINDSOR TOWNSHIP.

	(Owner)			(Date)
3.	To be signed before issuance of a building permit and incorporated only on a final plat of a major subdivision:
	I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR A BOND POSTED IN COMPLIANCE WITH ALL APPLICABLE CODES AND ORDINANCES.
	(If Improvements Installed)

	(Township Engineer) (If Bond Posted)		(Date)

	(Township Clerk)		(Date)

	Building Permit Issued		(Date)
4.	To be incorporated on final plat for major or sketch plat for minor and signed prior to issuance of a building permit:
	VERIFICATION THAT PAYMENT OF MUNICIPAL TAXES OR ASSESSMENTS IS CURRENT.

	(Tax Collector)		(Date)
5.	The appropriate approval signature block to be incorporated depending on whether subdivision is a minor or a major.
	(a)	Minor Subdivision Approved
				(Date of Board Approval)

	(Chair)			(Date)

	(Planning Board Secretary)			(Date)
	Deed to subdivision must be filed with County Clerk within 190 days of date of Board Approval.
	(b)	Major Subdivision Approved (Preliminary or Final)

		(Date of Board Approval)

		(Chair)		(Date)

		(Planning Board Secretary)		(Date)
6.	EXPIRATION OF APPROVAL (1) Major: Preliminary - 3 Years; Final - 2 Years; or (2) Minor: 2 Years.

	Date (without extensions)

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

Other information. The Planning Board may require such additional information not specified in this Part 2 or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.

§ 200-48 Expedited review; low/moderate-income developments.

[Added 2-25-1985 by Ord. No. 85-1]

A major development application containing low/moderate-income units shall be reviewed for completeness and a determination made within 15 days of its receipt for official processing. Thereafter, 45 days will be allotted for review of preliminary applications and 30 days for the review of final applications by the appropriate Township agencies and other governmental entities as may be deemed appropriate. Upon completion of the review period or within 60 days of an application deemed complete for preliminary approval or 45 days for final approval, a public hearing shall be commenced on the application, it being given priority placement upon the Planning Board's agenda. Applications submitted under this section shall be subject to the Municipal Land Use Law's maximum approval time periods for preliminary or final applications or combinations thereof with respect to rendering a final decision on the application unless an applicant grants an extension to said time period.[1]

Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-50.

A nonbinding concept plan review of an application containing low/moderate-income units shall be heard by the Planning Board within 30 days' receipt of such a request by an applicant.

Upon determination that the application is complete, the administrative officer shall forward a copy of the application to the Affordable Housing Committee.

[Added 11-26-1990 by Ord. No. 90-29]

§ 200-49 Compliance with other ordinances; waiver of information required.

Information and documents required for other Township codes and ordinances, such as soil erosion and sedimentation plans or stormwater management plans, shall be submitted as part of an application for subdivision approval and may be used to comply with subdivision submission requirements for particular stages as applicable.

The Planning Board may waive submission of any required exhibits in appropriate cases and for specific subdivision plats. Request for such waivers shall accompany a subdivision application and state the reasons why such waiver(s) is being requested.

§ 200-50 Sketch plats for minor or major subdivisions.

Objectives of submission. The sketch plat may be submitted so that it can be informally reviewed to determine the plat's general compliance with applicable Township ordinances and design requirements as set forth herein. Also, the submission may form the basis for classification by the administrative officer of the plat as a major or minor subdivision. Sketch plats for major subdivisions shall be used as a basis for changes and redesign so as to avoid undue expense and delay in preparing more detailed plans and specifications in subsequent review stages. The board of jurisdiction shall not be governed by any statutory time limits in its review of sketch plats for major subdivisions, and it is expressly understood that compliance with the board's recommendations shall not bind the Planning Board in subsequent deliberations of a formal subdivision application.

[Amended 7-30-2018 by Ord. No. 2018-20]

Application. Two or more copies of the sketch plat, an application in a form approved by the Planning Board and the requisite fee, if deemed a minor subdivision, shall be delivered to the administrative officer, in accordance with the procedures set forth herein.

Sketch plat details. The sketch plat, notwithstanding any other requirement stipulated by this Part 2, shall contain the following information, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application.

All plats shall be based on accurate information at a scale of not more than one inch equals 100 feet to enable the entire tract to be shown on one sheet.

A location map showing the entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines, at a scale of one inch equals 1,000 feet, or larger scale, showing the entire subdivision and its relation to all features shown on the Official Map and Master Plan and located within 1/2 mile of the extreme limits to the subdivision, and the zoning classification of the proposed subdivision and of adjacent land.

The location of existing houses, buildings and other structures, with accurate dimensions from all existing and proposed lot lines, wooded areas and isolated trees more than five inches in diameter, and topography with the portion to be subdivided and within 200 feet thereof at twenty-foot, or smaller, contour intervals. (United States Geological Survey topographic quadrant map series are acceptable for topography at this stage.)

The name of the owner, all adjoining property owners and those across existing or proposed streets as disclosed by the most recent Township tax records.

The tax map sheet, date of revision, block and lot numbers and zone district of the tract proposed to be subdivided.

Existing and proposed features.

The location of existing or proposed streets, roads, easements, greenbelts, public rights-of-way, streams, bridges, culverts, drainage ditches and natural watercourses in and within 500 feet of the subdivision. Also, indicate all Township Master Plan proposals on-site or off-tract within 500 feet of the proposed subdivision.

[Amended 10-16-1989 by Ord. No. 89-40]

In assembling the required data, the applicant shall be required to rely only on existing information available from the Township's Master Plan documents, natural resource inventory and engineering data available from the Township Engineer.

[Added 2-25-1985 by Ord. No. 85-1]

The original and proposed lot layout, lot dimensions, all required setback lines and the lot area of each lot in square feet and acreage. Lots shall be designated by letters for minor subdivisions and by consecutive numbers for major subdivisions until given official lot number designations by the Township Engineer.

As determined by the Health Officer, the location of all percolation tests, including those that failed, and soil logs conducted at the expenses of the applicant and approved by the Health Officer shall be shown on the plat.[1]

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

As applicable, the date of original preparation and date of revision, if any, or plat, as well as the old name, if submitted previously under a different title.

A preliminary environmental impact statement, as outlined in Part 1, Article V, § 200-23, of this chapter.

(11)

The acreage of the tract to be subdivided to nearest 1/10 of an acre and, if an open space cluster, the area of the open space.

(12)

A concept landscape plan, prepared by a certified or licensed landscape architect, showing existing structure and existing woodlands, isolated trees greater than five inches in caliper, existing topographic contours and all other natural features.

[Added 5-16-1988 by Ord. No. 88-9]

(13)

An aerial photograph on the drawings with the site boundaries outlined to evaluate the effects upon existing vegetation and surrounding land uses.

[Added 5-16-1988 by Ord. No. 88-9]

(14)

In the case of a minor subdivision if wetlands exist, as per N.J.A.C. 7:7A-1 et seq., Freshwater Wetlands Protection Act, rules are to be complied with prior to submission of plans to the Township. All areas of wetlands shall be depicted on plans with surveyors metes and bounds information for the outbounds of such areas. A letter of interpretation issued by the New Jersey Department of Environmental Protection, Division of Coastal Resources, shall be submitted indicating the presence or absence of freshwater wetlands on the parcel in question.

[Added 8-21-1989 by Ord. No. 89-35]

(15)

A letter of interpretation issued by the New Jersey Department of Environmental Protection, Division of Coastal Resources, shall be submitted, indicating the presence or absence of freshwater wetlands on the parcel in question.

[Added 4-20-1990 by Ord. No. 90-12]

(16)

As a condition precedent to the application for a building permit, a proposed grading plan for each individual lot shall be submitted to the Township Engineer for review and approval. This plan shall include the proposed building footprint, finished first floor elevation and proposed ground elevations at the following locations: all lot corners, all building corners and at vehicle entrance to a garage. The plan shall also show the proposed finished basement floor elevation, the existing groundwater elevation, the highest seasonally high groundwater elevation, the methods of determining both the existing groundwater elevation and the highest seasonally high groundwater elevation and by whom these determinations were made. Proposed contours at one-foot intervals shall be shown and shall include proposed grading over the septic system area, if applicable.

[Added 4-20-1990 by Ord. No. 90-12]

(17)

As-built lot grading plan.

[Added 4-20-1990 by Ord. No. 90-12]

As a condition precedent to the issuance of certificates of occupancy, pursuant to the State Uniform Construction Code, an as-built lot grading plan prepared by a land surveyor licensed in the State of New Jersey shall be submitted to the Construction Official and to the Township Engineer, bearing a certification that the lot grading complies with the proposed lot grading plan as approved or as amended and approved by the Township Engineer.

The as-built plan shall be prepared with contours of one-foot intervals and shall include the building footprint, finished first floor elevation and ground elevations at all lot corners, all building corners, vehicle entrance to a garage, drainage swale inverts between adjacent interrupted landscape berms, the top of the curb adjacent to property corners, the edge of Township-owned sidewalk adjacent to property corners and at the center of the driveway, inlet grate elevations (private and Township-owned) and all high points on the lot. The invert and surrounding ground elevation shall be shown for sanitary sewer clean-outs and for sump pump discharge line clean-outs. The plan shall also show the location of the septic system, lateral inverts, D-box outlet inverts and septic tank lid elevations, if applicable. All proposed ground elevations shown on the approved proposed grading plan shall be included on the as-built plan.

(18)

A concept stormwater control plan meeting the requirements of § 200-104 for projects meeting the definition of a major development in § 200-100.2 of Part 3, Subdivision and Site Plan Procedures, of this chapter.

[Added 2-22-2021 by Ord. No. 2021-06]

§ 200-51 Plat approval for minor subdivisions.

Distribution. If classified as a minor subdivision, one copy of the plat shall be retained for the Planning Board file and one copy of the plat shall be forwarded by the administrative officer to each of the following for review and comment:

The Township Planning Board.

The Township Engineer.

The Township Planner.

The County Planning Board.

The Township Health Officer.[1]

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

The Township Construction Official.

The Planning Board Attorney.

The Township Environmental Commission and its consultant.

Other agencies as may be determined by the Planning Board (e.g., Secretary of the School Board, Clerk of adjoining Township, New Jersey Department of Transportation, D&R Canal Commission, etc.).

The West Windsor Affordable Housing Committee, if the application includes low- and moderate-income units, or if the zoning includes low- and moderate-income units.[2]

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

Action.

The Planning Board shall act within 45 days of the filing date of a complete application for a minor subdivision. The Board shall not approve or conditionally approve the minor subdivision prior to receipt of comments by the above agencies or officials or before 30 days from the filing date has elapsed without any comments, whichever occurs first. Further, the Planning Board shall have the right to approve or change the classification of the subdivision by a majority vote.

If approved, a notation to the effect shall be made on the plat, and it shall be signed by the Planning Board Chair and the Planning Board Secretary and returned to the subdivider within one week following the meeting of the Planning Board at which official action was taken.

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. The Planning Board may attach conditions of approval to any minor subdivision.

Filing with county recording officer.

If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960[3] or a deed stamped with the date of the Planning Board approval shall be filed by the subdivider with the county recording officer within 190 days from the date of approval. Failure to file within 190 days shall void said subdivision approval.

[3]

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

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the 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 the extension either before or after what would otherwise be the expiration date.[4]

[4]

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

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 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

[Added 4-19-1999 by Ord. No. 99-07]

Limit of minor subdivision. No minor subdivision shall be approved by the Planning Board if any minor subdivision has already been approved since August 15, 1975. This limitation prohibits the further minor subdivision of an original tract of land from which a minor subdivision has been approved. It also prohibits the further minor subdivision of the new lot created from such a minor subdivision.

Approved minor subdivisions; municipal distribution. Before the construction official issues a building permit for the approved minor subdivision, the applicant shall provide the administrative officer with a certificate of filing from the County Clerk's office. The administrative officer shall distribute copies of the approved subdivision to each of the following:

[Amended 10-25-1982 by Ord. No. 82-47]

Township Engineer: two prints.

Applicant: one print.

Construction Official, for each lot and block file: one print.

Tax Assessor: one print.

County Planning Board: one print.

Planning Board file: one print.

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 two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein. Applicants shall be responsible for necessary approvals prior to development as may be required by other Township codes and ordinances.

§ 200-52 Sketch plat review for major subdivisions.

Distribution. If classified as a major subdivision, one copy of the plat shall be retained by the Township Planning Board and one copy of the plat shall be forwarded by the administrative officer to each of the following for review and comment:

[1]The Township Engineer.

Editor's Note: Former Subsection A(1), regarding the Township Site Plan Review Advisory Board, was repealed 7-30-2018 by Ord. No. 2018-20.

The Township Planner.

The County Planning Board.

The Township Environmental Commission and its consultant.

The Township Health Officer.

[Amended 4-19-1999 by Ord. No. 99-07]

The Township Fire Protection Official.

The Sewer Consultant/Advisory Committee.

Other agencies as may be determined by the Planning Board (e.g., the Clerk of the adjoining Township, New Jersey Department of Transportation, D&R Canal Commission, etc.)

The West Windsor Affordable Housing Committee, if the application includes low- and moderate-income units, or if the zoning includes low- and moderate-income units.

[Added 4-19-1999 by Ord. No. 99-07]

Action. The Planning Board shall approve or disapprove the sketch plat, setting forth reasons therefor, and, if approved, the applicant shall proceed onto the preliminary plat approval stage as stipulated herein.

[Amended 7-30-2018 by Ord. No. 2018-20]

Effect of sketch plat approval for major subdivision. Sketch plat approval shall be deemed to be approval by the Planning Board only of the concept presented by the sketch plat. No vested rights shall accrue as the result of sketch plat approval.

§ 200-53 Preliminary plat approval for major subdivisions.

Objectives of submission. To transfer the general and approximate ideas of the sketch plat more exactly to a precise base to verify their feasibility and merit before proceeding with detailed construction and engineering documents.

Application. Two or more copies of the preliminary plat, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the administrative officer in accordance with the procedures set forth herein.

Preliminary plat details. The preliminary plat, notwithstanding any other requirement stipulated by this Part 2, shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet and shall contain or be accompanied by the following information, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application:

A key map at a scale not smaller than one inch equals 1,000 feet, showing the relation of the portion to be subdivided to the entire tract and the relation of the entire tract to the neighborhood for at 1,000 feet beyond its boundaries.

The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

The name and address of the record owner or owners.

The name and address of the subdivider and, if a partnership or corporation, names of all individuals having more than 10% ownership.

The name and address of the person who prepared the plat.

The names of adjacent and facing owners.

A survey map, prepared by a licensed surveyor of New Jersey, showing boundaries of the tract to be subdivided, with tract size to the nearest 1/100 of an acre.

[Amended 8-21-1989 by Ord. No. 89-35]

Contours.

Existing and proposed contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope shall be required. Contours shall be in the United States Coast and Geodetic Control Survey Datum. At least two permanent bench marks for each 50 acres or portion thereof shall be established on opposite ends of the proposed subdivision, and their locations, descriptions and elevations shall be noted on the preliminary plat. Existing contours shall be shown beyond the limits of the subject tract for a distance of at least 200 feet.

[Amended 4-20-1990 by Ord. No. 90-12]

For preliminary applications only the applicant may rely on existing topographic information on file in the Township Engineer's office, provided that there have been no major changes in the site's topography and that, if requested by the Township Engineer, specific portions of the site topography will be updated, if required, at the applicant's expense, to approve the project's stormwater control drainage plan.

[Added 2-25-1985 by Ord. No. 85-1]

The location of existing and required setback lines, proposed building footprints, streets within 200 feet of the subdivision; and the location of existing and proposed buildings, watercourses, floodplains, railroads, bridges, culverts, drainpipes, greenbelts and all natural features, such as wooded areas and rock formations. Also indicate all Township Master Plan proposals on-site and off-tract within 500 feet of the proposed subdivision.

[Amended 8-21-1989 by Ord. No. 89-35; 10-16-1989 by Ord. No. 89-40; 4-20-1990 by Ord. No. 90-12[1]]

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

When a public sewage disposal system is not available, the current rules, regulations and procedures of the Township shall be followed in submission of sufficient percolation test and soil log data that will enable the Health Officer to make a recommendation to the Township Planning Board. An adverse report by the Health Officer shall be deemed as sufficient grounds for the Planning Board to disapprove said subdivision or portion thereof. The Planning Board will not reconsider any subdivision or portion thereof so disapproved until the requirements of the Health Officer are met.[2]

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

A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

Plans and profiles showing proposed utility layouts (sanitary sewers, storm drains, water, gas, electric, detention basins, etc.) showing feasible connections to existing or proposed utility systems. Cross sections of streets may be required by the Township Engineer. Locations of fire hydrants and street lights shall be established with the aid of the Township Fire Protection Official and the Township Engineer, respectively.

The proposed names of all streets within the subdivision shall be shown and shall be subject to approval by the Planning Board.

Each block and lot shall be numbered in accordance with the system of numbers, which will ultimately be the numbers shown on the Township Tax Map.

(11)

A drainage plan shall be submitted, which shall show the existing contours and proposed contours, proposed finished grade elevations at street intersections and breaks in grade, proposed rates of grades of streets, locations of drainage sub-basin limits, proposed method of block drainage, including proposed (down) slope arrows and all drainage systems and structures, including sizes and invert and casting elevations. The plan shall be accompanied by a set of drainage computations certified by a professional engineer. Where brook or stream channel improvements are proposed or required, the plans for such improvements shall be approved by the State Department of Environmental Protection or the Mercer County Planning Board, where applicable.

[Amended 4-20-1990 by Ord. No. 90-12]

(12)

All proposed lot lines, dimensioned in feet and tenths, and the approximate area of all lots in square feet, as well as any open spaces proposed to be dedicated for public use.

(13)

When the development of the subdivision or improvements within the subdivision are contingent upon improvements outside the boundaries of said subdivision, information shall be supplied by the subdivider prior to Planning Board consideration for preliminary approval that the improvements outside the subdivision shall be installed and shall be available to the subdivider prior to the issuance of any certificate of occupancy for the project or phase of a project that is the subject of a development application.

[Amended 2-25-1985 by Ord. No. 85-1]

(14)

Any open space proposed to be dedicated for public use or playgrounds or other public purpose and the location and use of all such property shall be shown on the plat.

(15)

When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board may require as a condition of final approval test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory at the expense of the subdivider under the direction of the Township Engineer, prior to the commencement of construction.

[Amended 2-25-1985 by Ord. No. 85-1]

(16)

A statement accompanying the preliminary plat indicating the type of structure(s) to be erected and the approximate date of construction start; a tentative section plan for the entire subdivision indicating the estimated number of lots on which final approval will be requested for the first section.

(17)

A full or partial environmental impact statement, as may be required by the Planning Board at the time of preliminary plat approval. Provide four completed copies of the Green Development Practices Checklist, as outlined in Part 1, Article V, § 200-23, of this chapter.

[Amended 9-7-2010 by Ord. No. 2010-16]

(18)

A soil survey map, prepared by a professional engineer, to indicate the different types of soils that exist on the subject tract and within 200 feet of the extreme limits of the subject tract. This map shall be in conformance with the soil survey of Mercer County, New Jersey, published by the United States Department of Agriculture. Where wetlands exist on or within 200 feet of the extreme limits of the subject tract, as per N.J.A.C. 7:7A-1 et seq., the wetlands boundary shall be superimposed on the soil survey map.

[Added 8-21-1989 by Ord. No. 89-35]

(19)

If wetlands exist, as per N.J.A.C. 7-1 et seq. or 7A-1 et seq., Freshwater Wetlands Protection Act rules are to be complied with prior to submission of plans to the Township. An area of wetlands shall be depicted on plans with surveyor's metes and bounds information for the out-bounds of such areas. A letter of interpretation issued by the New Jersey Department of Environmental Protection, Division of Coastal Resources, shall be submitted, indicating the presence or absence of freshwater wetlands on the parcel in question.

[Added 8-21-1989 by Ord. No. 89-35]

(20)

A landscape plan, prepared by a certified or licensed landscape architect, at a minimum scale of one inch equals 50 feet or larger, illustrating the proposed site elements as they relate to existing structures and site amenities, including existing woodlands, isolated trees greater than five-inch caliper, existing topographic contours and any and all other natural features; the intent, location and type of all existing and proposed landscaping and buffering; and the location, form, height and width of other landscape architectural materials such as berms, fences, walls, site furnishings, bridges and walks.

[Added 8-21-1989 by Ord. No. 89-35]

(21)

An aerial photograph with the site boundaries outlined to evaluate the effects upon existing vegetation and surrounding land use.

[Added 8-21-1989 by Ord. No. 89-35]

(22)

A traffic signage plan conforming to the requirements of § 200-91U of Part 3, Subdivision and Site Plan Procedures, of this chapter.

[Added 9-19-1988 by Ord. No. 88-26; amended 8-21-1989 by Ord. No. 89-35]

(23)

[Added 4-20-1990 by Ord. No. 90-12]

(24)

A site development stormwater control plan meeting the requirements of § 200-104 for projects meeting the definition of a major development in § 200-100.2 of Part 3, Subdivision and Site Plan Procedures, of this chapter.

[Added 2-22-2021 by Ord. No. 2021-06]

Preliminary plat review.

Within 45 days of the submission to the administrative officer of a complete subdivision plat application for 10 lots or less or within 95 days of submission of a complete application for a subdivision application of more than 10 lots or within such further time as may be agreed upon by the developer, the Planning Board shall act upon the application.

Submission of a major development subdivision application shall be reviewed and acted upon by the Planning Board according to § 200-48, Expedited review; low/moderate-income developments, herein.

[Added 2-25-1985 by Ord. No. 85-1]

Distribution. Upon receipt of a complete application, the administrative officer shall submit one copy to each member of the Planning Board and one copy of the application to the following professionals and boards:

[Amended 4-19-1999 by Ord. No. 99-07]

The Township Engineer.

The Township Planning Consultant.

The Township Health Officer.

The Township Environmental Consultant.

(e)

The Township Forestry Committee.

(f)

The Township Public Safety Officer.

(g)

The Township Fire Marshal.

(h)

The Township Local Fire Company.

(i)

The Township First Aid Squad.

(j)

The Township Traffic Engineering Consultant.

(k)

The Township Landscape Architect.

(l)

The Township Mayor.

(m)

The Mercer County Planning Board and other agencies, where applicable (e.g., New Jersey Department of Transportation, D & R Canal Commission, the Clerk of the adjoining Township, the Secretary of the School Board, etc.).

(n)

Such other boards, agencies or professionals as the Planning Board may deem necessary or which may be required to be notified by law.

(o)

The West Windsor Affordable Housing Committee, if the application includes low- and moderate-income units, or if the zoning includes low- and moderate-income units.

Review. The professionals and boards shall have a period of 30 days after the filing date of a subdivision plat application of 10 or fewer lots or 73 days on a subdivision plat application of more than 10 lots to make a report and recommendations concerning the preliminary plat. The Planning Board shall take such recommendations into account but shall have the right to proceed in the absence of any such recommendation.

Preliminary plat hearing. All actions of the Planning Board on preliminary subdivision plats shall be at a public hearing. Public notice of an application as provided in § 200-76 of Part 3, Subdivision and Site Plan Procedures, of this chapter, shall be required for all major subdivision plats. Applicants for major subdivision plats requiring variances by the Planning Board shall also be required to provide public notice of application.

Preliminary plat action. After the conclusion of the hearing, but in no event later than the first regular meeting following the hearing, the Planning Board shall by resolution approve, disapprove or conditionally approve the preliminary plat, stating the reasons for any disapproval.

Decisions of Planning Board. See § 200-77 of Part 3, Subdivision and Site Plan Procedures, of this chapter, for decisions on subdivision plat applications under varying procedural conditions.

Effect of preliminary approval. Preliminary approval of a subdivision plat shall, except as provided in Subsection I herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.

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, yard dimensions and on-site and off-tract improvements and any requirements peculiar to the specific subdivision plat. The Township may modify by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety, provided that such modifications are in accord with amendments adopted by ordinance subsequent to approval.

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.

Extension of preliminary approval.

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.

In the case of a subdivision plat for an area of 50 acres or more, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. 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 number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

Any extension granted hereunder shall be conditioned upon payment by the applicant of development fees at the rate authorized by the West Windsor Township Code in effect at the time the extension is granted.

[Added 4-12-2004 by Ord. No. 2004-06]

Variances; Planning Board review in lieu of Board of Adjustment. The Planning Board, when reviewing applications for subdivision plats, shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment variances from lot area, lot dimensions, setback and yard requirements, provided that relief shall not be granted for more than one lot.

Approved preliminary plat; municipal distribution.

The administrative officer shall distribute copies of the approved preliminary plat with construction plans to each of the following:

Township Engineer: one print.

Applicant: one print.

Sanitary Sewer Consultant: one print.

Planning Board file: one print.

Further, one print of just the plat drawing shall be distributed to the Health Officer and Environmental Commission.[3]

[3]

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

§ 200-54 Final plat approval for major subdivisions.

Objectives of review. The final plat shall be reviewed to determine whether the construction documents to be utilized in construction of the project substantially conform with the approved preliminary plat and to assure proper posting of performance and maintenance bonds.

Application. Two or more copies of the final plat, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the administrative officer. The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plat approval or within such extension as provided herein.

Final plat details. The final plat, notwithstanding any other requirements stipulated by this Part 2 or other Township ordinances, shall be drawn in ink on tracing cloth, Mylar or equal at a scale of one inch equals 100 feet, except where otherwise permitted by the Planning Board and in compliance with all the provisions of Chapter 141 of the Laws of 1960 (Map Filing Law).[1] The final plat shall contain or be accompanied by:

Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.

The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.

Each block and lot shall be numbered in accordance with the system of numbers, which will ultimately be the numbers shown on the Township Tax Map.

Location of all monuments.

Names of owners of adjoining unsubdivided land.

Certification by a land surveyor licensed in the State of New Jersey as to the accuracy of the details of the plat.

Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

When approval of a plat is required by any officer or body of such municipality, county or state, approval shall be certified on the plat.

Final construction plans and profiles showing proposed utility layouts (sanitary sewers, storm drains, water, gas, electric, detention basins, etc.) showing connections to existing or proposed utility systems. Cross sections of streets may be required by the Township Engineer.

(11)

Final drainage plan.

A final drainage plan shall accompany the final plat. Such drainage plan shall show existing and proposed contours as required in § 200-53C, Preliminary plat details, and shall show the same information as required on the preliminary plat, with the addition that the individual lot grading shall be shown as follows: final grades shall be shown for each lot corner, all high and low points and breaks in grade and at the corners of tentative house locations and the center line of the driveway at the right-of-way and center of the garage doors. If it is intended to use drainage swales, the elevation of these swales shall be shown. Easements are required for all cross lot drainage where drainage from one lot crosses over a downslope property either in swales or underground piping.

[Amended 8-21-1989 by Ord. No. 89-35; 4-20-1990 by Ord. No. 90-12]

All swales carrying cross-lot drainage shall be constructed in easements that are to be provided for the purpose of cross-lot drainage. The intent is to have all stormwater runoff drain to the street or to drainage swales without crossing the property of an adjacent lot unless there is an easement provided for that purpose.

[Added 4-20-1990 by Ord. No. 90-12]

(12)

A soil erosion control plan and narrative shall accompany the final plat. Such soil erosion control plan shall show the same information as required on the final drainage plan and soil erosion control measures conforming with Article III, Soil Erosion and Sediment Control, of Chapter 143 of the Code of the Township of West Windsor. The soil erosion control plan and the final drainage plan may be combined as one plan and shall be submitted to the Mercer County Soil Conservation District for review and approval.

[Amended 4-20-1990 by Ord. No. 90-12]

(13)

Proposed grading plan.

As a condition precedent to the application for a building permit, a proposed grading plan for each individual lot shall be submitted to the Township Engineer for review and approval. This plan shall include the proposed building footprint, finished first floor elevation and proposed ground elevations at the following locations: at all lot corners, all building corners and at vehicle entrance to a garage. The plan shall also show the proposed finished basement floor elevation, the existing groundwater elevation, the highest seasonally high groundwater elevation, the methods of determining both the existing groundwater elevation and the highest seasonally high groundwater elevation and by whom these determinations were made. Proposed contours at one-foot intervals shall be shown. Proposed grading over the septic system area, if applicable, shall also be shown.

[Amended 8-21-1989 by Ord. No. 89-35; 4-20-1990 by Ord. No. 90-12]

If the proposed individual lot grading plan deviates from the approved subdivision final drainage plan, then an amended subdivision final drainage plan shall be submitted to the Township Engineer for review and approval.

(14)

A copy of the preliminary approval resolution, together with all proposed additions, changes or departures therefrom, if applicable, shall be submitted with the final plat application.

[Added 8-21-1989 by Ord. No. 89-35]

(15)

A landscape plan, prepared by a certified or licensed landscape architect at a minimum scale of one inch equals 50 feet or larger, illustrating the proposed site elements as they relate to existing woodlands, isolated trees greater than five-inch caliper, existing topographic contours and any and all existing and proposed landscaping and buffering and the location, berm, height and width of other landscape architectural materials such as berms, fences, walls, site furnishings, bridges and walks.

[Added 8-21-1989 by Ord. No. 89-35]

(16)

An aerial photograph with the site boundaries outlined to evaluate the existing vegetation and surrounding land uses.

[Added 8-21-1989 by Ord. No. 89-35]

(17)

A traffic signage plan conforming to the requirements of § 200-91U of Part 3, Subdivision and Site Plan Procedures, of this chapter.

[Added 8-21-1989 by Ord. No. 89-35]

(18)

As-built lot grading plan.

[Added 4-20-1990 by Ord. No. 90-12]

As a condition precedent to the issuance of certificates of occupancy, pursuant to the State Uniform Construction Code, an as-built lot grading plan prepared by a land surveyor licensed in the State of New Jersey shall be submitted to the Construction Official and to the Township Engineer, bearing a certification that the lot grading complies with the proposed lot grading plan and the final drainage plan as approved or as amended and approved by the Township Engineer.

The as-built plan shall be prepared with contours of one-foot intervals and shall include the building footprint, finished first floor elevation and ground elevations at all lot corners, all building corners, vehicle entrance to a garage, drainage swale inverts between adjacent interrupted landscape berms, top of the curb adjacent to the property corners, edge of the Township-owned sidewalk adjacent to property corners and at the center of the driveway, inlet grate elevations (private and Township-owned) and all high points on the lot. The invert and surrounding ground elevation shall be shown for sanitary sewer clean-outs and for sump pump discharge line clean-outs. The plan shall also show the location of the septic system, lateral inverts, D-box outlet inverts and septic tank lid elevations, if applicable. All proposed ground elevations shown on the approved proposed grading plan shall be included on the as-built plan.

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

Final plat review.

Within 45 days after the filing date of a complete final plat application or within such further time as may be agreed upon by the applicant, the Planning Board shall approve the application for final plat approval with or without conditions, provided that the following requirements are met:

The detailed drawings and specifications meet all applicable Township codes and ordinances.

The final plats are substantially the same as the approved preliminary plats.

Bonds have been posted to ensure the installation of all improvements.

The applicant agrees, in writing, to all conditions of final approval.

(e)

Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.

Distribution.

Upon receipt of a complete application, the administrative officer shall submit one copy to each of those professionals and boards or agencies having received a copy of the preliminary plat.

[Amended 7-30-2018 by Ord. No. 2018-20]

Submission of a major development subdivision application shall be reviewed and acted upon by the Planning Board according to § 200-48, Expedited review; low/moderate-income developments, herein.

[Added 2-25-1985 by Ord. No. 85-1]

Review. The professionals and boards or agencies shall have a period of 30 days after the filing date of the final plat to make a report and recommendation concerning the final plat. The Planning Board shall have the right to proceed in the absence of any such recommendation.

(Reserved)[2]

Editor's Note: Former Subsection E, concerning final plat hearing, was repealed 10-7-2003 by Ord. No. 2003-25.

Decision of Planning Board. As set forth in § 200-77 of Part 3, Subdivision and Site Plan Procedures, of this chapter, for decisions on subdivision applications under varying procedural conditions.

Effect of final approval. Final approval shall terminate the time period of preliminary approval for the section granted final approval and shall guarantee the applicant that the zoning requirements applicable to the preliminary approval and all other rights conferred upon the applicant as part of preliminary approval 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 time prescribed in Subsection J of this section.

Time limit for final approval and extensions. Final approval shall expire two years from the date of final approval unless the applicant has secured a building permit to commence construction. The Planning Board may extend final approval and the protection offered under Subsection G above for one year. Up to three such extensions may be granted. Any extension granted hereunder shall be conditioned upon payment by the applicant of development fees at the rate authorized by the West Windsor Township Code in effect at the time the extension is granted. In the case of a PRN or an open space or residential cluster of 50 acres or more or a conventional subdivision for 150 acres or more, the Planning Board may extend the rights granted under final approval for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. 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.

[Amended 4-12-2004 by Ord. No. 2004-07]

County Planning Board approval. 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.

Filing of approved final plat. The final plat 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 Mercer unless it has been duly approved by the Township of West Windsor Planning Board and signed by its Chair and Secretary.

Approved final plat; municipal distribution.

Before the administrative officer returns any approved final plat to the subdivider or the Construction Official issues a building permit for the subdivision, the applicant shall provide the administrative officer with a certificate of filing from the County Clerk's office.

The administrative officer shall distribute copies of the approved final plat as follows:

Township Engineer: one polyester film and cloth print and one paper print.

Tax Assessor: one print of plat only.

Construction Official: one print.

Township Clerk: one print of plat only.

(e)

Health Officer: one print.

(f)

County Planning Board: one print.

(g)

Planning Board file: one print.

Certificates showing approval.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of this Part 2 may apply, in writing, to the administrative officer of the municipality for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office. Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:

Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this Part 2.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.

Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this Part 2.