Delaware, NJ Zoning Ordinance

§ 230-83 General procedures.

The Administrative Officer of the Planning Board, after receiving an application for preliminary or final subdivision approval, shall refer the application to the Planning Board or its designated subcommittee or Administrative Officer to determine, within 45 days of application submission, if the application is complete. Upon a determination of completeness, the Administrative Officer shall notify the applicant of the hearing date so that he or she can comply with the notice requirements of this chapter. The Administrative Officer shall refer the subdivision and exhibits to the designated reviewing agencies and the County Planning Board. The Planning Board may designate other local, county, state or other governmental officials or agencies to receive copies of any application for review and recommendation.

§ 230-84 Classification of applications.

The Planning Board or a designated subcommittee thereof shall review an application for subdivision prior to the hearing and classify it as a major, limited major, or minor subdivision.

Minor subdivision.

(1)

Classification. An application shall be classified as a minor subdivision if the proposed subdivision does not involve a planned development, any new public street or the extension of an off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 of the Municipal Land Use Law, as amended.

(2)

Single tract. When land is divided: for agricultural purposes; by testamentary or intestate provisions; or upon court order, the entire original tract of land shall be considered a "single tract," available for the maximum number of lots that may be created by minor subdivision pursuant to this section.

(3)

Lot limit.

(a)

Except as provided in Subsection A(3)(b) below, and as further provided in Subsection A(4) hereof, no more than one lot with access to a public street by any means other than a private accessway (PAW) may be created by minor subdivision from any single tract after January 1, 1967.

(b)

A maximum of four lots, exclusive of lands remaining, may be created from any single tract by minor subdivision after January 1, 1967, in the following manner:

[1]

In circumstances in which a single tract has not been subdivided since January 1, 1967, and except as provided in Subsection (A)(3)(a) hereof, each lot created by minor subdivision shall front on a private accessway (PAW), which PAW shall provide the lot's only access to a public street.

[2]

In circumstances in which a single tract has been subdivided after January 1, 1967, by minor subdivision into one or more lots, the Planning Board shall permit the creation through minor subdivision of up to three additional lots with frontage on a private accessway (PAW), exclusive of lands remaining. In no case, however, shall more than four lots be subdivided from any single tract by minor subdivision after January 1, 1967.

[3]

In circumstances in which a single tract has been subdivided after January 1, 1967, by minor subdivision into up to three lots on a private accessway but no other subdivision of the single tract has occurred after January 1, 1967, the Planning Board shall permit the creation by minor subdivision of one lot fronting on and accessed from a public street. In no case, however, shall more than four lots be subdivided from any single tract by minor subdivision after January 1, 1967.

[4]

Nothing in this section shall limit or restrict the number of lots an applicant may obtain by major subdivision.

[5]

The provisions of Subsection A(5) below shall be applicable to any minor subdivision of lots on a private accessway.

(4)

Exemptions from lot limit for minor subdivisions.

(a)

Severable exceptions. A minor subdivision creating one or more severable exceptions from a single tract that is to be preserved under the State's Farmland Preservation Program, the NJDEP Green Acres program, federal land conservation and preservation programs, and other nonprofit land conservancy and preservation programs shall be permitted in the A-1 and A-2 Zones regardless of the number of minor subdivisions or lots resulting from minor subdivisions previously approved on a single tract; provided, however, that no such minor subdivision creating severable exceptions shall become effective until the balance of the tract has been permanently deed restricted and preserved, and the landowner or applicant has provided satisfactory documentation of said deed restriction and preservation to the municipal agency.

[Amended 5-11-2015 by Ord. No. 2015-06LU]

(b)

Deed restriction. A minor subdivision with deed restriction shall be permitted in the A-1 and A-2 Zones regardless of any other minor subdivision activity that has occurred or will occur on a single tract after January 1, 1967, provided that:

[1]

The area of the lot to be subdivided shall satisfy the minimum requirements for the zone in which the tract is located.

[2]

An additional area of the tract immediately adjacent to the lot that is proposed to be subdivided shall be surveyed and permanently deed-restricted for agricultural and/or conservation purposes.

[3]

Said additional area of the tract plus the lot that is proposed to be subdivided shall encompass a combined land area equal to or exceeding four times the minimum lot area required for the zone in which the tract is located and shall have continuous, uninterrupted frontage along one existing street of 800 feet or more.

[4]

At the discretion of the applicant, the deed-restricted area may be included as part of the lot to be subdivided rather than remaining with the original tract.

[5]

No such minor subdivision with deed restriction shall become effective until the landowner or applicant has provided satisfactory documentation of said deed restriction to the municipal agency.

(5)

Time limit. If a single tract has received any form of minor subdivision approval, said tract shall not be the subject of an application for a major subdivision of the lands remaining for a period of 12 months from the date of the last minor subdivision.

(6)

Lots on a private accessway. A minor subdivision of lots on a private accessway shall be permitted pursuant to the following:

(a)

An applicant with sufficient acreage may, but is not required to, submit one minor subdivision application seeking approval for up to four lots for the construction of dwellings on a private accessway. The lands remaining may also access the private accessway, except that if an existing or proposed dwelling on the lands remaining will be accessed from the private accessway, the number of additional lots permitted on the private accessway shall be limited to three, so that no more than a total of four dwellings will utilize the private accessway to gain access.

[Amended 2-14-2005 by Ord. No. 2005-03LU]

(b)

All applications for minor subdivision of lots on a private accessway shall include the concept plan required by Article IX hereof.

(c)

The municipal agency shall not approve any minor subdivision of lots on a private accessway without a finding that such subdivision will be consistent with the provisions of Articles XI and XII hereof.

(d)

All lots in a minor subdivision of lots on a private accessway shall front on and have their sole access to a public street over the private accessway, which may provide access to the lands remaining. See § 230-110C for standards relating to private accessways.

(e)

Notwithstanding the provisions of Subsection A(6)(d) hereof and the requirements for the zoning district in which the single tract is located and of § 230-12L and in order to comply with the provisions of the Municipal Land Use Law at N.J.S.A. 40:55D-35, each lot in a minor subdivision of lots on a private accessway shall have a minimum lot frontage of 10 feet abutting an existing public street. The 10 feet of lot frontage abutting an existing public street may but need not be located within the private accessway.

[Amended 2-14-2005 by Ord. No. 2005-03LU]

Major subdivision. An application shall be classified as "major" if it is not classified as "minor" under Subsection A(1).

[Amended 2-14-2005 by Ord. No. 2005-03LU]

Boundary adjustments.

(1)

Boundary adjustments and mergers. Where an applicant proposes to subdivide a portion of a lot and combine it with an adjoining existing lot owned by the applicant or by another owner, the municipal agency shall classify such application as a "boundary adjustment and merger" if it determines that the resulting lot will not violate the Zoning Ordinance or increase the potential for resubdivision that existed immediately prior to the proposed merger.

(2)

Boundary adjustments and exchanges. Where two adjoining owners apply to exchange portions of their lots solely for the purpose of realigning their common boundary, the municipal agency shall classify such application as a "boundary adjustment and exchange" if it determines that neither of the two resulting lots will violate either the zoning requirements or the purpose and intent of this chapter and further determines that neither of the two resulting lots will have a greater potential for resubdivision than existed immediately prior to the proposed exchange.

(3)

Boundary adjustments and exchanges not counted as subdivisions. Boundary adjustments and mergers or exchanges shall not be included in counting the aggregate number of lots permitted to be subdivided as minor subdivisions from a single tract or in counting the number of lots permitted to be subdivided in any twelve-month period.

§ 230-85 Concept plan.

General concept plan requirements. Prior to the submittal of a formal application, every applicant is required to submit six copies of a concept plan for informal review by the Planning Board or its designated subcommittee. The concept plan shall be accompanied by the information required at Article XII. Applicants for subdivision or site plan approval are encouraged to attend at least one preapplication meeting to discuss the relationship of the chapter to the applicant's property and the general design of the proposed layout of the development. The applicant will be charged a fee, in accordance with the fee schedule attached to this ordinance,[1] for each meeting to review the concept plan. The fee will be deducted from the cost of the fee for any formal application for subdivision of the property.

[1]

Editor's Note: Said fee schedule is on file in the Township offices.

Contents of concept plan. In addition to the information required at Article XII, the concept plan shall consist of a sketch map, and for major subdivision applications, a written report that contains the information set forth in § 230-90 of this chapter. A nonprofessional may prepare the concept plan itself, which need not be fully engineered or surveyed. The sketch map portion of the plan should be neatly and accurately drawn. The written report accompanying the plan should be presented neatly and concisely. Information used to prepare the concept plan may be taken from secondary source information such as the Natural Resources Conservation Service Maps or U.S. Geodetic Survey maps, but shall be sufficiently detailed to allow the Planning Board or its designated subcommittee to make suggestions on general site design and layout for circulation, stormwater management, location of open space, buffers, building arrangements, and to determine how the requirements of the Land Use Ordinance affect the proposal.

Distribution of concept plan copies. One copy of the concept plan shall be retained by the Administrative Officer of the Planning Board. Should additional review and comment be considered necessary, copies of the concept plan shall be forwarded to the following:

(1)

Municipal Engineer.

(2)

Municipal Planner.

(3)

Municipal Board of Health.

(4)

Municipal Tax Assessor.

(5)

Municipal Environmental Commission.

(6)

Such other municipal, county, or state official as directed by the Planning Board.

Effect of concept plan review. Neither the applicant nor the Planning Board shall be bound by any concept plan review. The suggestions made at the concept plan stage may change with new information discovered when a formal development application is prepared using original site-specific data and on-site test findings. The applicant may request a review of one additional concept plan based upon new information prior to submission of a preliminary subdivision or site plan application.

§ 230-86 Minor subdivisions.

Minor subdivision procedures. An applicant for a minor subdivision shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all regular meetings of the Planning Board whenever the application is being considered.

Concept plan required for minor subdivisions. No application for a minor subdivision shall be considered by the Planning Board unless the applicant submits a concept plan in accordance with §§ 230-85 and 230-90 of this chapter. The concept plan shall also contain the information required in Article XII regarding the specific lot(s) proposed as part of the application and the lands remaining to the tract, whether or not the applicant has any immediate plans for such lands, sufficient to enable the Planning Board to evaluate the effect of the minor subdivision on the remaining lands and on surrounding properties and to facilitate the Board's consideration of the options available for the development of the lands remaining. The Planning Board shall not approve any minor subdivision unless it is satisfied that the minor subdivision can be approved without detriment to surrounding properties or to the lands remaining.

Submission of information. An applicant for a minor subdivision of land shall submit to the Planning Board's Administrative Officer two copies of the completed application form for subdivision, the required application fee, and 13 copies of a subdivision plat (black- or blue-on-white prints) containing the information required by § 230-90 of this chapter at least 21 days prior to a regular meeting of the Subdivision and Site Plan Review Committee. The Planning Board or its designee shall determine if the application is complete and, if not, inform the applicant in writing of any deficiencies.

Distribution of copies. If classified as a minor subdivision, the original application and plat shall be retained by the Administrative Officer of the Board and copies of both shall be forwarded to the following for review and comment:

(1)

Municipal Engineer.

(2)

County Board of Health.

(3)

Municipal Board of Health.

(4)

Municipal Tax Assessor.

(5)

Municipal Environmental Commission.

(6)

U.S.D.A. Natural Resources Conservation Service.

(7)

Such other municipal, county, or state official as directed by the municipal agency.

Action by the Planning Board.

(1)

Determination of completeness. The Planning Board shall grant minor subdivision approval, conditional approval, or denial within 45 days of the date of determination of completeness of an application.

(2)

County Planning Board review. Whenever review or approval of the application by the County Planning Board is required by law (N.J.S.A. 40:27-1 et seq.), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(3)

Memorialization of approval. If the application is approved, the Planning Board shall pass a resolution of memorialization indicating approval. At such time as the deed(s), resolution of memorialization, and the approved plat are in complete conformance with one another, the approved plat shall be signed by the Planning Board Chairman or Vice Chairman and the Planning Board Secretary or Assistant Secretary.

(4)

Memorialization of conditional approval. If the application is granted conditional approval, the Planning Board shall pass a resolution of memorialization stating the conditions of approval. At such time as the deed(s), resolution of memorialization, and the approved plat are in complete conformance with one another, the approved plat shall be signed by the Planning Board Chairman or Vice Chairman and the Planning Board Secretary or Assistant Secretary.

(5)

Memorialization of denial. If the application is rejected, the Planning Board shall pass a resolution of memorialization stating the reasons for rejection.

(6)

Approval by failure of the Planning Board to act. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval. A certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant. This certificate shall be accepted by the County Recording Officer for purposes of filing subdivision plats.

(7)

Notification of action taken. The Administrative Officer shall notify the applicant in writing of the action taken by the municipal agency within 10 days of the hearing at which the decision was made.

Necessary factual findings for minor subdivision approval. The Planning Board shall not grant minor subdivision approval unless the following findings of fact are made:

(1)

Consistency with Land Use Ordinance and Master Plan. That the proposed subdivision is consistent with the purposes and intent of this chapter and the Master Plan;

(2)

No danger to life and property. That the proposed subdivision will not endanger human life or property nor otherwise impair the public safety and welfare;

(3)

No adverse effects. That the proposed subdivision will not adversely affect the land remaining or adjoining property;

(4)

Minimal degradation of unique resources. That the proposed subdivision will result in minimal practical degradation of unique or irreplaceable land types or historic areas and existing scenic or aesthetic attributes of the site and surrounding area;

(5)

No decrease in water quality. That the proposed subdivision will not decrease the quality of ground or surface waters;

(6)

Preserve natural resources and features. That the proposed subdivision will to the maximum extent possible, preserve open spaces, priority agricultural land, forested land, and natural features, and will conform with existing ecological and topographic features of the site;

(7)

Minimal interference with plants and animals. That the proposed subdivision will cause minimal interference with the natural functioning of plant and animal life processes; and

(8)

Efficiency of public expenditures and energy use. That the proposed subdivision will result in the efficient expenditure of public funds and will contribute to an energy-efficient land use pattern.

Filing with the County Recording Officer. If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960 or a deed stamped with the date of the Planning Board approval shall be filed with the County Recording Officer within 190 days from the date of approval. Failure to file within that time shall void said subdivision approval.

Distribution of copies of approved plat. The applicant shall provide the Planning Board Administrative Officer with a certificate of filing from the County Administrative Officer's office. The Administrative Officer shall distribute copies of the approved subdivision to each of the following:

(1)

Municipal Administrative Officer.

(2)

Municipal Engineer.

(3)

Municipal Construction Code Official.

(4)

Municipal Tax Assessor.

(5)

Zoning Officer.

[Added 6-24-2019 by Ord. No. 2019-15]

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.

§ 230-87 Division of land for agricultural purposes.

General. Any applicant wishing to divide land for agricultural purposes shall obtain from the Planning Board a finding that the proposed division complies with the definition of an agricultural division and the following:

[Amended 9-10-2018 by Ord. No. 2018-10]

(1)

All resulting parcel(s) is(are) five acres or larger in size.

(2)

An agricultural plan is presented.

(3)

The applicant places an eight-year agricultural deed restriction, prepared by the Planning Board's attorney, on the resulting parcel(s).

Filing with the County Recording Officer. If found to be a division for agricultural purposes, a deed stamped with the date of the Planning Board approval shall be filed with the County Recording Officer within 190 days from the date of approval. Failure to file within that time shall void said approval.

Distribution of copies of approved plat. The applicant shall provide the Planning Board Administrative Officer with a Certificate of Filing from the County Administrative Officer's Office. The Administrative Officer shall distribute copies of the approved division to each of the following:

(1)

Municipal Administrative Officer.

(2)

Municipal Engineer.

(3)

Municipal Construction Code Official.

(4)

Municipal Tax Assessor.

(5)

Zoning Officer.

[Added 6-24-2019 by Ord. No. 2019-15]

§ 230-88 Major subdivision application for preliminary approval.

General. An applicant for a major subdivision shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all regular hearings of the Planning Board whenever the application is being considered. If no conditions of approval are necessary, the applicant may apply simultaneously for preliminary and final subdivision approval, provided that the applicant meets all the requirements of this section and § 230-89 below.

Submission of preliminary plat and application. No major subdivision shall receive final approval until it has received preliminary approval as required herein. At least 13 legible prints of the plat containing all data required in § 230-90 of this chapter, together with four completed applications for preliminary approval, and all required fees shall be submitted to the Planning Board Administrative Officer at least 21 days prior to the regular Subdivision and Site Plan Review Committee meeting at which the application is to be considered.

Distribution of copies.

(1)

Copies of the preliminary plat and exhibits shall be forwarded immediately upon receipt to the following for review and comment:

(a)

Municipal Engineer.

(b)

County Board of Health.

(c)

Municipal Board of Health.

(d)

Municipal Tax Assessor.

(e)

Municipal Environmental Commission.

(f)

U.S.D.A. Natural Resources Conservation Service.

(g)

Such other municipal, county, or state official as directed by the municipal agency.

(2)

The Administrative Officer of the Planning Board shall be responsible for forwarding copies of all plats and exhibits to the County Planning Board and other required agencies. The Administrative Officer shall also provide the applicant with County Planning Board applications and shall receive the completed application and required fee for forwarding to the county.

Review. Officials and agencies in receipt of an application for major subdivision shall forward comments and recommendations in writing to the Planning Board within 30 days of submission of the application. The Planning Board or its designated subcommittee shall review the application and rule on its completeness according to the requirements of § 230-82 of this chapter.

Public hearing. The Planning Board shall set the date of the public hearing in accordance with § 230-74 of this chapter, if the following conditions have been met:

(1)

All comments have been received or 30 days have elapsed from submission of the application.

(2)

The applicant has made required changes to the plat.

(3)

The Planning Board or its designee has reviewed said changes.

(4)

All requirements have been met and the application is determined to be complete.

Exhibits required prior to public hearing on a major subdivision. Prior to the public hearing, the applicant shall submit to the Planning Board the following:

(1)

Proof of publication. Proof of publication of the hearing notice as required by § 230-74 of this chapter.

(2)

Affidavit of notice. Affidavit of notice of public hearing to persons and agencies served, giving a list of the names, addresses and lot and block numbers of owners so notified, how served, date of service, and a copy of the notice and mail receipt, as required by § 230-74 of this chapter.

(3)

Copy of deed restriction. If appropriate, a copy of the proposed deed restriction, including the metes and bounds of the land to be restricted, to be placed on farmland and/or open space.

(4)

Educational impact study (EDIS). Applications for major subdivision approval or the creation of six or more lots on a single property shall include an Educational Impact Study describing the impact of the proposed development on the educational system of Delaware Township, as described in this section.

(a)

Required information for the EDIS:

[1]

Operating cost per student (obtained from the Delaware Township Tax Collector).

[2]

School district mileage rate (obtained from the Delaware Township Tax Collector).

[3]

Assessment factor (@ 100%).

[4]

Current available capacity for elementary school (obtained from the Delaware Township Board of Education).

[5]

Current available capacity for secondary school(s) (obtained from the Hunterdon Central High School Board of Education).

[6]

Capital cost per student for providing new education facilities (obtained from Delaware Township and Hunterdon Central Boards of Education).

[7]

Debt constant to determine annual cost of borrowed capital funds (obtained from Delaware Township and Hunterdon Central Boards of Education).

(b)

Method of determining fiscal impact on educational system:

[1]

School district tax revenue generation. Multiply the total dollar value of the development by the assessment factor; multiply the result by the school district millage rate.

[2]

Development-generated operating costs. Multiply the number of school-age children to be generated by the operating cost per student.

[3]

Development-generated capital costs. If the number of school children generated exceeds the current capacity of the Township school(s), determine the development-generated capital costs of the new school facilities by multiplying the number of students over capacity by the capital costs per student for the new facilities. Multiply the result by the debt constant. This gives the annual debt service cost.

[4]

Net impact assessment. Add the operating costs and capital costs generated by the project, and subtract that number from the school district tax revenue generation to determine the educational cost impact of the development proposal.

(c)

Standards and criteria for determining additional educational system impact:

[1]

The following standards recommended by the Delaware Township Board of Education shall be used in determining the operating costs per student:

[a]

Classroom size of 20 students per classroom.

[b]

Site size to conform to the standards mandated by the New Jersey Board of Education.

[2]

The existing school system (total elementary and secondary classroom and site size) shall be compared to the entire anticipated enrollment estimated from the proposed development.

[3]

A positive impact shall require that existing classrooms and site area will accommodate the proposed development or that plans for such facilities have been approved prior to the occupancy of the proposed development. A short-term adverse impact may be mitigated by providing such temporary school and/or classroom facilities or their acceptable equivalent as may be necessary to avoid unreasonably adverse short-term impacts.

[4]

The Planning Board shall not accept any educational impact statement prepared directly or indirectly for a developer by an employee or official of the Regional Board of Education or the Delaware Township Board of Education.

Action by the Planning Board.

(1)

Time period for action on 10 or fewer lots. The Planning Board shall approve, conditionally approve, or reject the application for preliminary approval of a major subdivision of 10 or fewer lots within 45 days of determination of completeness of the application.

(2)

Time period for action on more than 10 lots. The Planning Board shall approve, conditionally approve, or reject the application for preliminary approval of a major subdivision of more than 10 lots within 95 days of determination of completeness of the application.

(3)

Approval conditioned on County Planning Board approval. Whenever review or approval of the application by the County Planning Board is required by law (N.J.S.A. 40:27-6.3), the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(4)

(5)

Memorialization of conditional approval. If the application is granted conditional approval, the Planning Board shall pass a resolution of memorialization stating the conditions of approval. When the plat has been brought into conformance with the conditions of the resolution, the plat shall be signed by the Planning Board Chairman or Vice Chairman and the Planning Board Secretary or Assistant Secretary.

(6)

Memorialization of denial. If the application is rejected, the Planning Board shall pass a resolution of memorialization stating the reasons for rejection.

(7)

Failure to act. Failure of the Planning Board to act within the period prescribed shall constitute preliminary subdivision approval. A certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant. This certificate shall be accepted by the County Recording Officer for purposes of filing subdivision plats.

(8)

Notification of action. The Administrative Officer shall notify the applicant in writing of the action taken by the municipal agency within 10 days of the hearing at which the decision was made.

Water supply and quality requirements. No application for preliminary approval of a major subdivision shall be approved until the municipal agency is assured that each proposed lot will have adequate and safe water during and after times of peak water use, as specified herein. Applicants must meet the standards set forth in Article XII herein.

Necessary factual findings for preliminary approval of a major subdivision. The municipal agency shall not grant preliminary approval of a major subdivision unless the following findings of fact are made:

(1)

Consistency. That the proposed subdivision is consistent with the purposes and intent of this chapter and the Master Plan;

(2)

Zoning and setback requirements. That the proposed subdivision meets all of the zoning and setback requirements of this chapter;

(3)

Design and improvement standards. That the proposed subdivision meets all the applicable design standards and improvement requirements of Article XI of this chapter;

(4)

Environmental requirements. That the proposed subdivision meets all the applicable environmental protection requirements of Article XII of this chapter;

(5)

Safety requirements. That the proposed subdivision will not endanger human life or property nor otherwise impair the public safety and welfare;

(6)

Effect on other lands. That the proposed subdivision will not adversely affect the land remaining or adjoining property;

(7)

Protection of historic, scenic and aesthetic attributes. That the proposed subdivision will result in minimal practical degradation of unique or irreplaceable land types or historic areas and existing scenic or aesthetic attributes of the site and surrounding area;

(8)

Protection of water. That the proposed subdivision will have adequate and safe drinking water for its future occupants and further, will not decrease the quality of ground or surface waters;

(9)

Protection of open space and agricultural lands. That the proposed subdivision will, to the maximum extent possible, preserve open spaces, priority agricultural land, forested land, and natural features, and will conform with existing ecological and topographic features of the site;

(10)

Protection of plants and animals. That the proposed subdivision will cause minimal interference with the natural functioning of plant and animal life processes; and

(11)

Energy-efficient land use and expenditure of public funds. That the proposed subdivision will result in the efficient expenditure of public funds and will contribute to an energy-efficient land use pattern.

Effect of preliminary approval.

(1)

Rights and restrictions of preliminary approval. Preliminary approval of a major subdivision shall confer upon the applicant the following rights and restrictions for a three-year period from the date of preliminary approval:

(a)

No change of terms and conditions. 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; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

(b)

Timing of final approval submission. 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, as the case may be.

(2)

Preliminary approval confers rights and restrictions for three-year period. Where required by this chapter, preliminary approval for a major subdivision shall confer upon the applicant the additional right and restrictions for a three-year period from the date of preliminary approval: that the lot lines, building setbacks, and the location of deed-restricted land as well as the contents of the deed restriction shall not be changed, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

Extension of time limits and approval.

(1)

Preliminary approval extensions. 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)

Approval period if 50 acres or more. In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection J for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration:

(a)

The number of dwelling units and amount of nonresidential floor area permissible under preliminary approval.

(b)

Economic conditions.

(c)

The comprehensiveness of the development.

(3)

Request for extension if more than 50 acres. In the case of a subdivision of an area 50 acres or more, 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:

(a)

The number of dwelling units and amount of nonresidential floor area permissible under preliminary approval;

(b)

The potential number of dwelling units and amount of nonresidential floor area of the section or sections awaiting final approval;

(c)

Economic conditions; and

(d)

The comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

§ 230-89 Application for final approval of major subdivision.

General.

(1)

Final approval completeness. No application for final approval will be considered complete by the Planning Board until the applicant has received preliminary subdivision approval for the subject property.

(2)

Final plat requirements. The application for final major subdivision approval shall be accompanied by a final plat and other information required herein. The final plat, which shall include all data required in § 230-90 of this chapter, shall be submitted to the Planning Board for final approval within three years from the date of preliminary subdivision approval or within such extension as provided herein. One original tracing, two translucent tracings, two cloth prints, 13 blue- or black-and-white prints with four copies of an application for final approval and the appropriate fees shall be submitted to the Planning Board Clerk at least 21 days prior to the regular meeting of the Planning Board.

(3)

Approval in stages. The Planning Board will accept applications for final approval by stages or sections of development, only if the application is consistent with stages or sections approved as part of the preliminary approval for the subdivision.

(4)

Changes required on final plat. Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board, including conditions of preliminary approval. The applicant shall submit an affidavit indicating no changes or noting those changes made.

Distribution of copies.

(1)

Copies of the final plat and exhibits shall be forwarded immediately upon receipt to the following for review and comment:

(a)

Municipal Engineer.

(b)

County Board of Health.

(c)

Municipal Board of Health.

(d)

Municipal Tax Assessor.

(e)

Municipal Environmental Commission.

(f)

U.S.D.A. Natural Resources Conservation Service.

(g)

Such other municipal, county, or state official as directed by the municipal agency.

(2)

The Administrative Officer of the Planning Board shall be responsible for forwarding copies of all plats and exhibits to the required agencies. The Administrative Officer shall also provide the applicant with County Planning Board applications and shall receive the completed application and required fee for forwarding to the county.

Public hearing. The Planning Board shall set the date of the public hearing in accordance with §§ 230-74 and 230-88E of this chapter.

Action by the Planning Board.

(1)

Time period for Planning Board action. The Planning Board shall approve or reject the application for final approval of a major subdivision within 45 days of the date of determination of completeness of the application.

(2)

(3)

Resolution of memorialization indicating approval. If the application is approved, the Planning Board shall pass a resolution of memorialization indicating approval. The approved plat shall be signed by the Planning Board Chairman or Vice Chairman and the Planning Board Secretary or Assistant Secretary.

(4)

Resolution of memorialization indicating rejection. If the application is rejected, the Planning Board shall pass a resolution of memorialization stating the reasons for rejection.

(5)

Failure of Planning Board to act. Failure of the Planning Board to act within the period prescribed shall constitute final subdivision approval. A certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant. This certificate shall be accepted by the County Recording Officer for purposes of filing subdivision plats.

(6)

Notification of applicant. The Administrative Officer shall notify the applicant in writing of the action taken by the municipal agency within 10 days of the hearing at which the decision was made.

Necessary findings of fact for final subdivision approval. The Planning Board shall not grant approval for a major subdivision unless the following findings of fact are made:

(1)

That, in the case of applications for final approval only, the final plat has incorporated all changes required on the plat for preliminary approval and conforms to the standards established by this chapter and the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).

(2)

That all other conditions of preliminary approval have been met.

(3)

That the subdivider or developer has installed all improvements required by this chapter or has furnished all the guarantees required by this chapter.

Filing with County Recording Officer. The approved 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, unless it has been duly approved by the Planning Board and signed by its Chairman or Vice Chairman and Secretary or Assistant Secretary.

Distribution of copies of approved final plat. The applicant shall provide the Planning Board Administrative Officer with a certificate of filing from the County Administrative Officer's Office. The Administrative Officer shall distribute copies of the approved subdivision to each of the following:

(1)

Municipal Administrative Officer.

(2)

Municipal Engineer.

(3)

Municipal Construction Code Official.

(4)

Municipal Tax Assessor.

(5)

Zoning Officer.

[Added 6-24-2019 by Ord. No. 2019-15]

Effect of final approval of a major subdivision. The granting of final approval of a major subdivision shall guarantee to the applicant that 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 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 prescribed time period.

Extension of time limits.

(1)

Time limit extension. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required by this chapter, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. The granting of final approval terminates the time period of preliminary approval for the section granted final approval.

(2)

Approval period if 150 acres or more. In case of a subdivision for an area of 150 acres or more, the Planning Board may grant the rights referred to in Subsection I 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 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.

§ 230-90 Checklists required for subdivision review.

The following checklists shall be used in the preparation of all subdivision plats submitted.[1]

[1]

Editor's Note: The subdivision plan checklists are included as attachments to this chapter.

Delaware City Zoning Code

ARTICLE IX

§ 230-83 General procedures.

§ 230-84 Classification of applications.

§ 230-85 Concept plan.

§ 230-86 Minor subdivisions.

§ 230-87 Division of land for agricultural purposes.

§ 230-88 Major subdivision application for preliminary approval.

§ 230-89 Application for final approval of major subdivision.

§ 230-90 Checklists required for subdivision review.