The applicant shall comply with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the municipal approving authority shall be null and void and a new resolution shall be adopted which considers the County Planning Board's report.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article VI of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one (1) or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
The approving authority may waive required notices and hearings for minor and exempt subdivisions and site plans except where a variance or conditional use is part of the application. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are five (5) acres or larger in size: divisions by testamentary or intestate provisions; divisions of property by court order; and conveyances so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority. no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest time period for action by the approving authority, whether it is for subdivision. conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Amended 12-27-79 by Ord. No. 32-79]
A. A site plan approval is required for all developments which do not meet the definition of "site plan, exempt" in Article III.
B. The Zoning Officer, with the consent of the Borough Manager, is authorized to issue site plan waiver approval in the event that he determines that there is no change in circulation, parking, drainage, relationship of buildings to each other, landscaping, buffering, lighting or other considerations of site plan review by reason of the proposed construction or alteration or change of use or expansion of use or use of buildings or land. The Zoning Officer, with the approval of the Borough Manager, may consult with the Borough Engineer regarding a waiver application hereunder. A copy of the waiver approvals issued under this section shall be forwarded to the Washington Borough Planning Board by the Zoning Officer. [Amended 11-6-1989 by Ord. No. 15- 89]
C. Minor site plan approval may be applied for by the applicant filing with the administrative officer, twenty-one (21) days before the meeting of the approving authority, fifteen (15) copies of a site plan conforming to the requirements of § 94-35E hereof and meeting the design and performance standards contained in Article VI, Design and Performance Standards, of this chapter. The applicant may make application for both preliminary and final approval of such a minor site plan at the same time, and the approving authority shall be permitted to grant such relief, if appropriate, or to bifurcate the application into preliminary and final stages or to grant conditional approvals. [Added 11-6-1989 by Ord. No. 15-89]
A. An informal submission is optional. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held and no formal action taken.
B. Filing procedure. The developer shall file with the administrative officer at least twenty-one (21) days prior to the meeting of the approving authority eight (8) blue- or black-on-white copies of the informal plat, two (2) completed copies of the application form, two (2) completed copies of the informal plat check list and the applicable fee.
C. Action by the approving authority.
(1) The approving authority shall classify the application as a minor or major development within forty-five (45) days of the date of submission or such further time as may be consented to by the applicant. If the approving authority suggests any changes to be included in the preliminary or final plat, such changes and/or conditions shall be in writing and shall be sent to the applicant.
(2) If the approving authority determines that the development may directly or indirectly create an adverse effect on either the property being developed or nearby property, the approving authority may require the developer to revise the plan and in corporate such revisions in the preliminary or final plat. Where any remaining portion of the original tract is sufficient to be developed or subdivided further, the developer may be required to indicate a feasible plan whereby the proposed development, together with subsequent development, will not create, impose, aggravate or lead to any such adverse effect(s).
Preliminary plats are required for all major site plans and major subdivisions.
A. Filing procedure.
(1) The developer shall submit the following to the administrative officer at least twenty-one (21) days prior to the public meeting of the approving authority. fifteen (15) blue or black on white copies of the preliminary plat; two
(2) completed copies of the application form for preliminary approval; two (2) completed copies of the preliminary plat checklist; two (2) copies of any protective covenants, deed restrictions and easements applying to the land being developed; two (2) copies off the drainage calculations and soil erosion and sediment control data as required in Article VI of this chapter; the applicable fee; certification by the Tax Collector that all taxes are paid to date; and full disclosure of ownership in accordance with the provisions of the Municipal Land Use Law. [Amended 11-6-1989 by Ord. No. 15-89]
(2) The application shall include a complete environmental impact report or a written request for a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data within fifteen (15) days, or at least fifteen (15) days prior to the date the approving authority is required to act, whichever comes first.
B. Action by the approving authority.
(1) The approving authority shall accept or reject the submission as a complete application and, if rejected, notify the applicant within forty-five (45) days of submission.
(2) Public hearing. If found to be a complete application by the approving authority, a public hearing date shall be set and notice given.
(3) Upon submission of a plat, the administrative officer shall submit one (1) copy of the plat and supporting data to the County Planning Board, Municipal Engineer and any other agency or person as directed by the approving authority for review and action. Each shall have not more than thirty (30) days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor. If any agency or person fails to submit a report within thirty (30) days, the plat shall be deemed to have been approved by them. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the developer, the thirty-day period for a County Planning Board report may be extended for an additional thirty (30) days, and any extension shall so extend the time within which the approving authority is required to act.
(4) A subdivision of ten (10) or fewer lots shall be granted or denied within forty-five (45) days of the date of a complete submission or within such further time as may be consented to by the developer. With more than ten (10) lots, the approving authority shall grant or deny preliminary approval within ninety-five (95) days of the date of a complete submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision.
(5) The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer:
(a) A site plan for ten (10) acres or less: within forty-five (45) days of the date of a complete submission.
(b) A site plan of more than ten (10) acres: within ninety-five (95) days of the date of a complete submission.
(6) If the approving authority requires any substantial amendment in the layout of improvements in either a site plan or subdivision and that plan has been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
(7) The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report. The decision shall be in writing and shall be sent to the applicant and the newspaper as required by public hearing notices. (See § 94-21.) If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within ninety (90) days of the conditional approval, the conditional approval shall lapse.
(8) Preliminary approval shall, except as provided in Subsection B(8)(d) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval, otherwise the approval shall be void:
(a) 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 off- tract improvements; any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 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 plat.
(c) That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(d) In the case of a development for an area of fifty (50) acres or more, the approving authority may grant the rights referred to in Subsections B(8)(a), (b) and (c) above for such period of time, longer than three (3) years, as shall be determined by the approving authority 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(s) 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.
A. Filing procedure.
(1) The developer shall file with the administrative officer at least twenty-one (21) days but not more than twenty-eight (28) days prior to the meeting of the approving authority one (1) translucent tracing copy, two (2) cloth and eight (8) blue- or black-on-white paper prints of the plat and three (3) completed copies of the application form and final plat check list, the performance guaranty approved by the governing body, including off-tract improvements, if any, any maintenance guaranties, the applicable fee, certification by the Tax Collector that all taxes are paid to date, full disclosure of ownership in accordance with the provisions of the Municipal Land Use law' and a copy of approval by the New Jersey Department of Transportation, if needed.
(2) Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
(3) The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing the location and elevation of utilities and other improvements both in the development and off tract, that he has examined the street, drainage, erosion, stormwater control and excavation plans and found that the interests of the borough and of nearby properties have been considered. and identifying those portions of any improvements already installed, and that the developer has either:
(a) Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval with a maintenance guaranty accompanying the final plat; or
(b) Posted a performance guaranty that has been approved by the governing body.
B. Action by the approving authority.
(1) The approving authority shall grant final approval if the application conforms to this chapter, the conditions of previous reviews and the standards prescribed by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). In the case of a minor exempt subdivision or site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2) Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(3) Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:276.3 or 27-6.6. the approving authority shall condition any approval that it grants upon timely receipt of a favorable report from the County Planning Board or upon its failure to submit a report within the required time period.
(4) Final approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless a plat in conformity with such approval, including any conditions imposed by the approving authority and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Borough Tax Assessor. Such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform to the provisions of said law.
(5) Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively, or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the Planning Board in writing within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
(6) Provided that the approved final subdivision plat has been filed with the county recording officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
(7) Provided that the approved final plat of a minor subdivision has been filed with the county recording officer, 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 (2) years after the date of minor subdivision approval.
(8) In the case of a subdivision or site plan for a development of fifty (50) acres or more, the approving authority may grant the rights referred to in Subsections B(6) and (7) above for such period of time. longer than two (2) years, as shall be determined by the approving authority 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, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(9) The developer shall supply sufficient copies of the approved final plat so that the administrative officer can distribute one (1) copy to each of the following: the Borough Clerk, Construction Official, County Planning Board, Tax Assessor, Planning Board and any other agency or person directed by the approving authority; and shall supply one (1) translucent cloth or Mylar copy to the Municipal Engineer.
A. Plat conformity. All applications shall be submitted in plat form. and all plats shall conform to the submission requirements. All plats shall be drawn by a land surveyor, and all drawings of improvements shall be prepared by a professional engineer, and all such drawings shall bear the signature, embossed seal, license number and address of the preparer.
B. Informal subdivision plat for review and classification.
(1) Clearly and legibly drawn.
(2) Graphic scale of not less than one (1) inch equals one hundred (100) feet.
(3) Existing and proposed street and lot layout showing that portion proposed for development in relation to the entire tract.
(4) Existing lot lines to be eliminated.
(5) Area of original tract and of proposed lots.
(6) Basic intent for water and sewage treatment.
(7) Contours based on Washington Borough topographic maps.
(8) Existing structures and uses.
(9) All streams, lakes and drainage rights-of-way, including the direction of flow of all streams, brooks and drainage rights-of-way; and the approximate location of wooded areas, flood hazard areas, steep slopes, wetlands and swamps based on United States Soil Conservation Service or other data. Percolation tests and soil logs are not required. However, where the slope and soil conditions indicate problems may be encountered, percolation tests and soil logs as required for the preliminary plat may be advisable.
(10) Existing and proposed rights-of-way within and adjoining the tract. Proposed access points and parking areas shall be included on site plans.
(11) The Tax Map sheet, block and lot number for the tract and all adjacent lots; a title including the words "Informal Plat for Review and Classification"; North arrow; space for the application number; the date of the original drawing and the date and substance of each revision.
(12) Zoning district(s).
(13) The names, addresses, signatures and phone numbers of the owner, developer and person preparing the plat.
(14) A key map with North arrow showing the entire development and its relation to surrounding areas.
C. Preliminary subdivision plat.
(1) Clearly and legibly drawn.
(2) Graphic scale of not less than one (1) inch equals one hundred (100) feet The graphic scale shall be the same, on at least one (1) sheet representing the entire development, as the scale on the associated sheet of the Tax Map. (Amended 11-6-1989 by Ord. No. 15-89]
(3) Based on certified boundary survey.
(4) Sheet sizes of twenty-four by thirty-six (24 x 36) inches or fifteen by twenty-one (15 x 21) inches. If more than one (1) sheet is required to show the entire subdivision, one (1) composite map shall show the entire subdivision with reference to the sheets on which the various sections are shown.
(5) Key map with North arrow showing the entire subdivision in relation to surrounding areas, including the names of principal roads, and at a scale of not less than one (1) inch equals two thousand (2,000) feet.
(6) Title block with the name of the subdivision; the name of the municipality; Tax Map sheet, block and lot number; date of preparation and most recent revision; meridian; North arrow; graphic scale; the names, addresses, phone numbers and signatures of the owner, developer and person(s) who prepared the plat(s), including the seal of the latter; and space for the application number.
(7) The names of all property owners within two hundred (200) feet of the limits of the development as disclosed on the most recent municipal tax records.
(8) Tract acreage to nearest one-thousandth of an acre; the number of new lots; each lot line dimension scaled to the nearest foot; and each lot area to the nearest two percent (2%).
(9) Existing and proposed contours at two-foot intervals. All elevations shall be related to a bench mark noted on the plan and, wherever possible, shall be based on United States Geological Survey mean sea level datum.
(10) Location of existing natural features, such as soil types, slopes exceeding twelve percent (12%), wooded areas, rock outcroppings, views within the development and the location of individual trees outside wooded areas having a diameter of four (4) inches or more measured five (5) feet above ground level, Soil types shall be based on United States Soil Conservation Service data.
(11) Existing and proposed streams, lakes and marsh areas accompanied by the following maps and drawings:
(a) When a running stream is proposed for alteration or when a structure or fill is proposed in or along such stream, approval of the New Jersey Division of Water Resources shall accompany the plat.
(b) Cross sections and profiles of watercourses at an appropriate scale showing the extent of the flood fringe area, top of bank, normal water level and bottom elevations at the following locations:
[1] Where a watercourse crosses a lot line (profile and cross sections) and at onehundred-foot intervals, but at no less than two (2) locations, along each watercourse which runs through or adjacent to the development (cross sections).
[2] At fifty-foot intervals for a distance of three hundred (300) feet upstream and downstream of any existing or proposed culvert or bridge within the development (cross sections).
[3] When watercourses are to be altered, the method of controlling erosion and siltation during construction, as well as typical ditch sections and profiles, shall be shown on the plan or accompany it.
(c) The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development, including a small-scale watershed map developed from United States Geological Survey sheets.
(d) The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure.
(e) All existing or proposed drainage and conservation easements and flood hazard areas.
(f) The location, extent and water level elevation of all existing or proposed lakes or ponds within or no farther than three hundred (300) feet from the development.
(g) Plans and computations for any storm drainage systems, including the following:
[1] Existing or proposed storm sewer lines within or adjacent to the development and all required off-site and off-tract drainage improvements showing size, profile and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
[2] The location and extent of any proposed dry wells, groundwater recharge basins, detention basins, flood control devices, sedimentation basins or other water conservation devices.
(12) Plans. Cross sections and center-line profiles at fifty foot intervals; grades and details of proposed and existing utilities and all improvements within street rights-of-way in the tract, including the type and width of street pavement, curbs, sidewalks, bike routes, shade tree planting, all utilities, including water, sewer, gas, electric, telephone and cable television, and facilities such as storm drainage facilities, detention ponds and erosion control. At intersections, the sight triangles, radii of curblines, crosswalks, curb ramps and street sign locations shall be shown. Final street naming may be deferred.
(13) The names, locations, widths and purpose(s) of existing and proposed easements, streets and other rights-of-way in the development. The text of any deed restriction shall be included.
(14) The locations and description of all monuments, existing and proposed.
(15) All lot lines that exist and will remain, those proposed and those to be eliminated. All setback lines with dimensions and approximate municipal boundaries if within two hundred (200) feet shall be shown. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered, and the lots within each block shall be numbered as assigned by the Borough Tax Assessor.
(16) Locations of all existing structures, drainage and parking areas in the tract and within two hundred (200) feet showing existing and proposed front, rear and side yard setbacks, structures of historic significance and an indication of existing structures and uses to be retained and those to be removed.
(17) Utility plans shall show feasible connections to any existing or proposed utility systems. If private utilities are proposed, they shall comply fully with all borough, county and state regulations. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures.
(18) Zoning district(s) and zoning district lines.
(19) An itemization of all improvements to be made on site, off site. on tract and off tract in accordance with the standards specified in Article VI.
D. Final subdivision plat.
(1) Clearly and legibly drawn.
(2) Graphic scale of not less than one (1) inch equals fifty (50) feet unless a larger scale is approved by the Municipal Engineer that is large enough to contain legibly written data on dimensions, bearings and all other details of the boundaries.
(3) Drawn by a licensed land surveyor in compliance with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
(4) Sheet sizes of twenty-four by thirty-six (24 x 36) inches or fifteen by twenty-one (15 x 21) inches. If more than one (1) sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision on one (1) sheet and the sheets on which the various sections are shown.
(5) The submission for final plat approval shall show the following, except that the plat to be filed with the county recording officer need only contain the data required for filing with the county, and all other data may be submitted on separate sheets:
(a) Signature blocks for the approving authority, Municipal Engineer and other endorsements required by law.
(b) Tract boundary lines; municipal boundary line if within two hundred (200) feet of the tract being subdivided: street names; all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and chord bearings, with the distances of all curves, all based on an actual survey by a land surveyor licensed to practice in the State of New Jersey; minimum building setback lines; and the area of each lot shown to the nearest square foot. All dimensions. both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed traversing which shall have an apparent error of field closure of one to ten thousand (1:10,000) or better and shall be corrected by accepted balancing methods to final errorless closure. All final exterior and lot boundaries shall be similarly balanced to final errorless closure.
(c) Block and lot numbers in accordance with established standards and in conformity with the Borough Tax Map as approved by the Borough Tax Assessor and all street numbers where appropriate shall be designated as specified by the approving authority.
(6) The final plat shall be accompanied by the following:
(a) A copy of the preliminary plat revised to show all conditions and changes required by the approving authority at the time of preliminary approval.
(b) That the applicant is agent or owner of the land or that the owner has given consent to the development.
(c) Appropriate local, county and state approvals.
E. Checklists. In accordance with N.J.S.A. 40:55D-10.3, the documents dated April 1985 and entitled the "Washington Borough Preliminary Subdivision Plat Checklist" and the "Washington Borough Final Subdivision Plat Checklist," copies of which are annexed hereto and filed with the Borough Clerk in permanent record of the borough, are hereby made a part of this chapter without the inclusion of the text thereof. [Added 5-28-85 by Ord. No. 7-85]
