A.
Any applicant wishing to subdivide land within West
Windsor Township shall apply for and obtain the approval of the Planning
Board in accordance with the following procedure. Sketch plat approval
shall be required for all minor subdivisions. Major subdivisions shall
be formally reviewed and approved in two stages: preliminary and final.
An informal discussion and review sketch plat stage is encouraged
of applicants seeking major subdivision plat approval.
B.
The applicant or the applicant's 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 or deny and dismiss the application without prejudice if the applicant or the applicant's agent's absence deprives the Planning Board of information necessary to make a decision. Development applications containing low- and moderate-income units shall conform to the procedural and plat detail regulations contained herein, except as modified by § 200-48, Expedited review; low/moderate-income developments.
[Amended 2-25-1985 by Ord. No. 85-1]
A.
Filing. Subdivision applications shall be received
for official processing by the Township no sooner than the 16th and
no later than the 12th day before the fourth Wednesday of each month.
The applicant shall submit one copy of all required applications,
plans and exhibits as set forth under the appropriate site plan review
stage of this article to the administrative officer, who shall thereafter
notify the applicant of remaining completeness items, fees and of
the required number of copies of application documents, plans and
exhibits to be submitted at the scale required and in addition at
a reduced size. The time for the Board's review shall not begin to
run until the receipt of a complete application with the required
fee.
[Amended 8-13-1984 by Ord. No. 84-24; 4-30-2007 by Ord. No. 2007-05]
B.
Referral.
[Amended 10-25-1982 by Ord. No. 82-47]
(1)
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.
(2)
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.
C.
Classification.
[Amended 10-25-1982 by Ord. No. 82-47]
(1)
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.
(2)
The administrative officer shall classify the application
as either a minor or major subdivision.
[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.
A.
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:
(1)
The title and location of the property.
(2)
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.
(3)
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.
(5)
The date of the plat and any modifications thereto.
(6)
[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)
|
B.
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.
[Added 2-25-1985 by Ord. No. 85-1]
A.
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]
[1]
Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48
and 40:55D-50.
B.
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.
C.
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]
A.
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.
B.
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.
A.
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]
B.
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.
C.
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.
(1)
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.
(2)
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.
(3)
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.)
(4)
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.
(5)
The tax map sheet, date of revision, block and lot
numbers and zone district of the tract proposed to be subdivided.
(6)
Existing and proposed features.
(a)
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]
(b)
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]
(7)
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.
(8)
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]
(9)
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.
(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]
(a)
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.
(b)
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.
A.
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:
(1)
The Township Planning Board.
(2)
The Township Engineer.
(3)
The Township Planner.
(4)
The County Planning Board.
(6)
The Township Construction Official.
(7)
The Planning Board Attorney.
(8)
The Township Environmental Commission and its consultant.
(9)
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.).
B.
Action.
(1)
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.
(2)
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.
(3)
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.
C.
Filing with county recording officer.
(1)
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.
(2)
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]
(3)
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]
D.
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.
E.
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]
F.
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.
A.
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:
(2)
The Township Planner.
(3)
The County Planning Board.
(4)
The Township Environmental Commission and its consultant.
(5)
The Township Health Officer.
[Amended 4-19-1999 by Ord. No. 99-07]
(6)
The Township Fire Protection Official.
(7)
The Sewer Consultant/Advisory Committee.
(8)
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.)
(9)
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]
B.
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]
C.
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.
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
The tract name, tax map sheet, block and lot number,
date, reference meridian, graphic scale and the following names and
addresses:
(a)
The name and address of the record owner or
owners.
(b)
The name and address of the subdivider and,
if a partnership or corporation, names of all individuals having more
than 10% ownership.
(c)
The name and address of the person who prepared
the plat.
(d)
The names of adjacent and facing owners.
(3)
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]
(4)
Contours.
(a)
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]
(b)
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]
(5)
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.
(6)
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]
(7)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
(8)
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.
(9)
The proposed names of all streets within the subdivision
shall be shown and shall be subject to approval by the Planning Board.
(10)
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]
(23)
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]
D.
Preliminary plat review.
(1)
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.
(2)
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]
(3)
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]
(a)
The Township Engineer.
(b)
The Township Planning Consultant.
(c)
The Township Health Officer.
(d)
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.
(4)
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.
E.
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.
F.
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.
H.
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.
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements, layout and design standards for streets, curbs
and sidewalks, lot size, 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.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat.
I.
Extension of preliminary approval.
(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 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.
(3)
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]
J.
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.
A.
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.
B.
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.
C.
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:
(1)
Date, name and location of the subdivision, name of
owner, graphic scale and reference meridian.
(2)
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.
(3)
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.
(4)
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.
(5)
Location of all monuments.
(6)
Names of owners of adjoining unsubdivided land.
(7)
Certification by a land surveyor licensed in the State
of New Jersey as to the accuracy of the details of the plat.
(8)
Certification that the applicant is agent or owner
of the land or that the owner has given consent under an option agreement.
(9)
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.
(10)
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)
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]
(b)
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.
(a)
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]
(b)
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]
(18)
As-built lot grading plan.
[Added 4-20-1990 by Ord. No. 90-12]
(a)
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.
(b)
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.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
D.
Final plat review.
(1)
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:
(a)
The detailed drawings and specifications meet
all applicable Township codes and ordinances.
(b)
The final plats are substantially the same as
the approved preliminary plats.
(c)
Bonds have been posted to ensure the installation
of all improvements.
(d)
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.
(2)
Distribution.
(a)
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]
(3)
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.
G.
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.
H.
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]
I.
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.
J.
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.
K.
Approved final plat; municipal distribution.
(1)
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.
(2)
The administrative officer shall distribute copies
of the approved final plat as follows:
(a)
Township Engineer: one polyester film and cloth
print and one paper print.
(b)
Tax Assessor: one print of plat only.
(c)
Construction Official: one print.
(d)
Township Clerk: one print of plat only.
(e)
Health Officer: one print.
(f)
County Planning Board: one print.
(g)
Planning Board file: one print.
L.
Certificates showing approval.
(1)
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.
(2)
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:
(a)
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.
(b)
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.
(c)
Whether such subdivision, if the same has not
been approved, is statutorily exempt from the requirement of approval
as provided in this Part 2.