MapLink™ | Procedures | Submission of Minor Subdivision Plats and Minor Site Plans

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Submission of Minor Subdivision Plats and Minor Site Plans
A. Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the Administrative Officer not later than the first Wednesday of the month preceding the month of the anticipated hearing date: nine copies of the minor plat or plan if the application will be heard by the Planning Board or 17 copies of the minor plat or plan if the application will be heard by the Zoning Board of Adjustment; four completed copies of the appropriate application(s), which includes the application(s) for any requested variance(s) and the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this ordinance with the items of information required therein; four copies of the Environmental Impact Statement; four copies of any protective covenants, easements and/or deed restrictions applicable to the subject site, whether recorded or unrecorded; and the fee in accordance with § 901 of this ordinance, including a signed escrow agreement. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.

B. Details Required for Minor Subdivision Plats and Minor Site Plans. Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.

Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet and shall be submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches). All plan sheets shall be folded into eighths with the title block revealed.

Each minor plat or plan shall show the following information as applicable to a minor subdivision or minor site plan, unless the Planning Board or Zoning Board of Adjustment determines, upon request of the applicant, that such information either is unnecessary or inapplicable to the particular subdivision or site plan and can be waived.
See § DR-803B.1 for a list of the required information.

C. Action by the Township on Minor Subdivision Plats and Minor Site Plans.

1. The Administrative Officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:
 
a. If said application is found to contain all of the information required by a checklist adopted as part of this Land Development Ordinance and attached hereto following § 807: Submission of Optional General Development Plans for Planned Developments of this ordinance, the Administrative Officer shall certify that said application is complete and direct the application to the appropriate Board.

b. If said application is found to lack some of the information required by the checklist adopted as part of this Land Development Ordinance and attached hereto following § 807: Submission of Optional General Development Plans for Planned Developments of this ordinance, the Administrative Officer shall either:
(1) Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
(2) If waivers of checklist items have been specifically requested by the applicant in the application for development, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall act on the request for waivers within 45 days of application submission. If the Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items. If the waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If the waivers are denied, the application is incomplete until missing information is submitted. At that time, the application is complete if all other requirements for submission have been satisfied.
 
c. An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Subsection B and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with Subsection C.1.a or Subsection.C.1.b hereinabove.
d. In the event the Administrative Officer fails to act pursuant to Subsections C.1.a or C.1.b hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.

2. On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event the Administrative Officer fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this ordinance, and/or may require revisions in the application documents, all as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met; provided, however, that the application shall not be deemed incomplete for lack of any such additional information or revisions.

3. Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:
a. The Planning Board (one copy each of the minor plat or plan, the application, and any Environmental Impact Statement) or the Zoning Board of Adjustment (seven copies of the minor plat or plan and one copy each of the application, and any Environmental Impact Statement);

b. Board Planner (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement);

c. Board Engineer (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement);

d. Zoning Officer (one copy of the minor plat or plan);

e. Township Fire Official (one copy of the minor plat or plan);

f. Within seven days following a determination of completeness of an application for development, or any change to any application for development which was previously filed, notice of such application shall be given by the Township, in writing, to the Pinelands Commission in accordance with N.J.A.C. 7:50-4.18 (b).

g. At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the minor plat or plan and/or other items of submitted information shall be sent to other Township, County or State agencies and/or to other professional consultants as may be designated by the Board.

h. It shall be the applicant's responsibility, unless specifically provided otherwise in this ordinance, to submit the required application to any agency (including but not limited to the Burlington County Planning Board, the Burlington County Board of Health, the Burlington County Soil Conservation District, the Pinelands Commission and the New Jersey State Department of Environmental Protection) having jurisdiction over any aspect of the proposed development.

4. The Planning Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any minor subdivision or minor site plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 801.A.2 of this ordinance shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

5. The Zoning Board shall take action on a minor subdivision or minor site plan application under its jurisdiction in the time frame(s) as prescribed in § 803.C.4 hereinabove unless said minor subdivision or minor site plan application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and § DR-702D of this ordinance, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

6. The designated professional Staff shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this ordinance. The Township Staff may review the application at the Sub-Staff meeting and the full Planning Staff may review the application at its meeting. Subsequently, the professionals will perform a detailed review of the application and issue written reviews to the Township and applicant. The Staff shall offer its recommendations to the Board.

7. Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

8. All hearings held on applications for minor site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § DR-706D). Alternate design submissions will not be accepted; only one plat design will be accepted for public hearing.

9. For any application that is heard by the Planning Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 21 days prior to the hearing at which the new material is to be considered by the Planning Board.

10. When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made and at least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Board Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approved resolution, adopted in accordance with § DR-706F of this ordinance, within 10 days of its adoption by the Board.

11. If plan revisions are required after a Board hearing and decision, plans will then be reviewed by the Board Engineer and Planner to verify conformity with the Resolution of Approval within 30 days after receipt of the revised submission. Five copies of the revised, verified plan should then be signed by the Board Engineer. Two copies will be sent to the Township and one copy will be returned to the applicant. After the final development plans have been approved by the Board Engineer, seven complete sets should be submitted to the Township. The plans will be stamped approved and distributed to Staff with one set returned to the applicant.

12. Any substantial plan revision required by an outside reviewing agency, including the County Planning Board or Pinelands Commission, after final action by the Planning Board will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended for the layout of improvements or impact on adjoining properties, it shall be proceeded upon as a new application.

13. When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § DR-706F of this ordinance, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

14. Within 190 days from the date on which the resolution of municipal approval of a minor subdivision is adopted by the Board, a plat map drawn in compliance with the Map Filing Act, P. L. 190 c. 141 (C.46:29-9.9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer; provided that if an applicant elects to file a deed, said deed shall be accompanied with a photographically reduced copy of the approved plat. Unless filed within the 190 days or an extension for filing is granted by the Board, the approval shall expire and will require Board approval as in the first instance.

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision or deed if the developer proves to the reasonable satisfaction of the Planning Board: (1) 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 (2) 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.

15. The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed for a period of two years either after the date on which the resolution of approval is adopted by the Board for a minor subdivision or after the date of approval by the Board of a minor site plan. The Planning Board shall grant an extension of this period 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 approvals. A developer shall apply for this extension before: (1) what would otherwise be the expiration date; or (2) the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

16. Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide five copies of the plat or plan in order to furnish copies to each of the following:
a. Township Engineer (in the case of subdivisions only, a map of the plat drawn to the tax map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Board Engineer);
b. Construction Official;
c. Township Tax Assessor;
d. Notice of any final determination approving or denying any application for development shall be given to the Pinelands Commission by the Township, by certified mail, within five days following such determination in accordance with N.J.A.C. 7:50-4.18(e).
e. Such other Township, County or State agencies and officials as directed by the Board.

17. No person shall carry out development within the Pinelands Area without obtaining approval in accordance with the following procedures and § DR-802E and § 808: Pinelands Area Application Requirements of this ordinance:
a. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Pinelands Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.

b. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1) Notification is received from the Pinelands Commission that review of the Township's approval is not required.
(2) Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 7:50-4.32 and a final order regarding the approval is received by the Township from the Pinelands Commission.
 
c. If the Pinelands Commission disapproves an application for development previously approved by the Township, such approval shall be revoked by the Township within 30 days of the Commission's action, and the Township shall thereafter deny approval of the application. If the Commission approves the decision of the Township subject to conditions, the Township approving authority which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.