Aberdeen Township City Zoning Code
§ 25-8.5
Submission of Final Major Subdivision Plats and Final Major Site Plans.
[Ord. No. 10-1987; Ord. No. 6-1988]
a.
Procedure for Submitting Final Plats and Final Plans. A final plat or final plan shall be submitted to the Administrative Officer within three (3) years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least fourteen (14) days prior to the second Wednesday of the month: nineteen (19) copies of the final major subdivision plat or final major site plan; nineteen (19) copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and a fee in accordance with Section 25-9 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it.
[1]
Editor's Note: The checklist referred to herein is included as an attachment to this chapter.
b.
Details Required for Final Major Subdivision Plats and Final Major Site Plans. The following information shall be submitted:
1.
All details stipulated in subsections 25-8.4b and 25-8.4c of this chapter.
2.
All additional details required at the time of preliminary approval shall be submitted.
3.
A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.
4.
Detailed architectural and engineering data including:
(a)
An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.
(b)
Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including centerline geometry and horizontal alignments with bearings, radii and tangents.
(c)
Plans and profiles of all storm and sanitary sewers and water mains.
(d)
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one (1) to five thousand (5,000) and the dimensions of all lot lines to within one (1) to ten thousand (10,000). All dimensions, angles and bearings must be tied to at least two (2) permanent monuments not less than three hundred (300) feet apart and all information shall be indicated on the plat. At least one (1) corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.
5.
The final submission shall be accompanied by the following documents:
(a)
Certification from the Township Tax Collector that all taxes and assessments are paid to date;
(b)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross-section(s) and profile(s) have been run in the field and the field notes shall be forwarded to the Township Engineer;
(c)
The applicant shall certify in writing to the Board that he has:
(1)
Installed all improvements in accordance with the requirements of this chapter; and/or,
(2)
Posted a performance guarantee in accordance with subsection 25-9.2 of this chapter.
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in subsection 25-9.2 of this Ordinance, and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.
c.
Action by the Township.
1.
The Application Review Committee shall review the aforesaid application for the purpose of determining, within forty-five (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 subsection 25-8.5b of this chapter, said Application Review Committee shall recommend to the Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, that said application is complete. The Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, shall review said application at its next regularly scheduled meeting and shall certify the application complete, within forty-five (45) days after its submission, upon concurrence with the Application Review Committee's recommendation for completeness. If the application is found to be complete, then the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, shall notify the applicant according to the procedure in subsection 25-8.5c1(b).
(b)
If said application is found to lack some of the information required by subsection 25-8.5b of this chapter, said Application Review Committee 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 the Application Review Committee reasonably concludes that the missing items of information are necessary to make an informed decision on the application, but are not of such significance to cause the application to be deemed incomplete, said Application Review Committee may recommend to the Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, the application complete, conditioned upon the submission of the missing items of information to the Administrative Officer within ten (10) days; or
(3)
If the Application Review Committee reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Application Review Committee may recommend to the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, waiving the requirement that said items be supplied as a prerequisite for completeness and certifying that the application is complete notwithstanding the missing items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one (1) or more of the submission requirements set forth in subsection 25-8.5b and said request shall be granted or denied by the Board within forty- five (45) days.
(d)
In the event the Application Review Committee, Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, fails to act pursuant to subsections 25-8.5c1(b)(1), 25-8.5c1(b)(2) or 25-8.5c1(b)(3) hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Application Review Committee, Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, fails to make a determination of completeness, 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 Subdivision Committee, Site Plan Committee or either 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 as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions. Such revisions or information shall be submitted to the Administrative Officer ten (10) days prior to the next meeting for which the application is scheduled.
3.
Promptly after recommendation of completeness by the Application Review Committee, the application documents shall be distributed by the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the case may be, (nine (9) copies of the final plat or plan and nine (9) copies of the application);
(b)
Subdivision Committee or Site Plan Committee, as the case may be, (one (1) copy each of the final plat or plan and the application);
(c)
Township Fire Subcode Official (one (1) copy each of the final plat or plan and the application);
(d)
Township Manager (one (1) copy each of the final plat or plan and the application);
(e)
Township Engineer (one (1) copy each of the final plat or plan and the application);
(f)
Township Planner (one (1) copy each of the final plat or plan and the application);
(g)
Township Safety Officer (one (1) copy each of the final plat or plan);
(h)
Zoning Officer (one (1) copy each of the final plat or plan and the application);
(i)
Township Department of Health (one (1) copy each of the final plat or plan and the application);
(j)
Township Environmental Commission (one (1) copy each of the final plat or plan and the application);
(k)
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the final plat or plan shall be sent to other Township, County or State agencies as may be designated by the Board.
4.
The Subdivision Committee or Site Plan Committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this Ordinance. The Subdivision Committee or the Site Plan Committee, as the case may be, shall offer its recommendation to the Board.
5.
The Board shall take action of final site plan and final subdivision applications within forty-five (45) days after the application has been certified complete 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 recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application If the County Planning Board or the Township Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least ten (10) paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one (1) cloth copy and at least two (2) mylar copies of the approved plat in addition to the ten (10) paper copies.
7.
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one (1) paper copy of the signed plat or plan and shall furnish other copies to each of the following within ten (10) days from the date of the adoption of a resolution in accordance with subsection 25-7.6f of this chapter:
(a)
Administrative Officer (one (1) paper copy);
(b)
Township Engineer (one (1) paper copy and, in the case of subdivisions only, one (1) mylar copy drawn to the tax map scale as directed by the Township Engineer);
(c)
Zoning Officer (one (1) paper copy);
(d)
Township Tax Assessor (one (1) paper copy),
(e)
The Applicant (one (1) paper copy and, in the case of subdivisions only, one (1) mylar copy); and
(f)
Such other Township, County or State agencies and officials as directed by the Board.
8.
Within ninety-five (95) days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the Monmouth County Clerk. In the event of failure to file within said ninety-five (95) days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional ninety-five (95) days.
9.
If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within ten (10) days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.
10.
(Reserved)
d.
Effect of Final Approval.
1.
Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two (2) years from the date of final approval:
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one (1) year each, not exceeding three (3) and extensions.
2.
In the case of a subdivision or site plan for a planned development or residential cluster of fifty (50) acres or more, or in the case of a conventional subdivision or site plan of one hundred fifty (150) acres or more, the Board may grant the rights referred to in subsection 25-8.5d1 hereinabove for such period of time, longer than two (2) years, as shall be determined by the Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under final approval;
(b)
Economic conditions; and
(c)
The comprehensiveness of the development.
3.
The developer may apply thereafter and the Board may thereafter grant an extension to final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible under final approval;
(b)
The number of dwelling units and nonresidential floor area remaining to be developed;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development.
