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Montgomery City Zoning Code

§ 16-8.3

Submission of Minor Subdivision Plats and Minor Site Plans. 1

[Ord. #85-482, S 803; Ord. #86-508, S 1; Ord. #88-584, S VI A-C; Ord. #89-637, S 1; Ord. #01-1036, S 2; Ord. #08-1294, S 5; amended 12-17-2020 by Ord. No. 20-1646; 4-18-2024 by Ord. No. 24-1722; 4-18-2024 by Ord. No. 24-1723]
a. 
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the Administrative Officer at least 21 days prior to the second Monday of the month: 26 copies of the minor plat or plan; 26 copies of the appropriate application(s), which includes the check- list(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and a fee in accordance with section 16-9 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. 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 subdivision plat shall be drawn by a licensed land surveyor and shall be based on new or existing current and accurate survey of the property being subdivided. Each minor site plan shall be drawn by a professional engineer or architect, based upon a survey prepared by a licensed land surveyor. Such survey information may be transposed to other drawings if duly noted as to the date of the survey, by whom and for whom it was prepared.
All professionals shall be licensed to practice in the State of New Jersey, and the plat or plan shall bear the signature, seal, license number and telephone number of the said professional; 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 in accordance with N.J.A.C. 13:40, Subchapter 7.
Each submission shall be drawn at an appropriate scale of one inch equals not more than 100 feet for minor subdivision plats or one inch equals not more than 50 feet for minor site plans and shall be submitted on one of the following four standard sheet sizes (8 1/2" x 13", 15" x 21", 24" x 36" or 30" x 42"), with all sheets submitted of the same size, and each with a clear perimeter border at least one inch wide. If one sheet is not sufficient to contain the entire tract, the map may be divided into two sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.
Each minor plat or plan shall show the following information, as such information is applicable to the minor subdivision or minor site plan submission:
1. 
A key map showing the entire tract and its relation to the surrounding areas, including lot lines and streets, at a scale of one inch equals not more than 2,000 feet;
2. 
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a) 
Name of subdivision or development, Township of Montgomery, Somerset County, N.J.;
(b) 
Name, title, address and telephone number of applicant;
(c) 
Name, title, address, telephone number, license number, seal and signature of the professional or professionals who prepared the plat or plan;
(d) 
Name, title and address of the owner or owners of record;
(e) 
Scale (written and graphic); and
(f) 
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
3. 
North arrow.
4. 
Certification that the applicant is the owner of the land or his/her properly authorized agent, or certification from the owner that he or she has given his/her consent under an option agreement.
5. 
If the applicant is a partnership or a corporation, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation in accordance with N.J.S.A. 40:55D-48.1 et seq.
6. 
Acreage of the existing lot and, in the case of minor subdivisions only, acreage of the proposed lot(s) to the nearest tenth of an acre (both within and without areas within public rights-of-way) and a computation of the area of the tract to be disturbed.
7. 
Approval signature and date lines:
(a) 
Chairman;
(b) 
Secretary;
(c) 
Township Engineer; and
(d) 
Approval date.
8. 
Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot number(s) as provided by the Township Tax Assessor upon written request.
9. 
The name(s) and block and lot number(s) of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
10. 
Tract boundary line (heavy solid line), any existing or proposed subdivision or property line(s) within the tract, and any property line(s) to be removed clearly delineated.
11. 
Zoning district(s) affecting the tract, including district names and all requirements, with a comparison to the proposed development.
12. 
The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, natural features such as treed areas, and any historic features such as family burial grounds and buildings more than 50 years old, both within the tract and within 200 feet of its boundary.
13. 
The names, location and width of all existing and proposed easements and rights-of-way, the use(s) for which they are intended to be limited, the manner in which the easements will be controlled, to whom they will be granted.
14. 
All dimensions and setbacks necessary to confirm conformity to the chapter, such as the size of the tract and any proposed lot(s), the number of lots being created, structure setbacks, structure heights, yards, floor area ratios, building and lot coverages, the amount of contiguous net usable acreage, the delineation of all "critical areas" as defined by this chapter, and the inscription of a 205-foot diameter circle, where required for residential uses.
15. 
A tree removal, planting and landscape plan conforming to the requirements of Section 14-3 of Chapter 14 and Section 16-4 of Chapter 16.
16. 
Delineation of flood plains, including both floodway and flood fringe areas, and Township stream corridors, both within the tract and within 100 feet of its boundary, and the source and date of the flood plain information.
17. 
Delineation of ponds, marshes, wetlands, wetland transition areas, hydric soils, and lands subject to flooding within the tract and within 100 feet thereof. A copy of the applicant's request for a Letter Of Interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) and the accompanying plan shall be submitted for all delineated wetlands. Where an LOI has been received, a copy of the NJDEP LOI and stamped approved plan shall be submitted to the Township.
18. 
Existing and proposed contours with intervals of two feet, except where one foot contours are required in Subsection 16-5.2m3 of this chapter to be shown in the area of disturbance. All contour information shall refer to a known datum, with the source of the contour information provided. Existing contours shall be shown as a dashed line, and finished grades shall be shown as a solid line. Lands with a topographic slope 15% or greater shall be shaded.
19. 
Plans of proposed improvements and utility layouts, if applicable.
20. 
If the project meets the stormwater management applicability requirements of subsection 16-5.2c, the application submission shall include, but is not limited to, the items listed in subsection 16-5.2r and as otherwise required by the Township Engineer.
21. 
Plans for Soil Erosion and Sediment Control as required by N.J.S.A. 4:24-39 et seq. and in accordance with the Somerset County Soil Conservation District, where disturbance is greater than 5,000 square feet.
22. 
Concerning minor subdivisions only, existing and proposed monuments in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9.
23. 
Concerning minor site plans only, the location of and details for all exterior lighting, signs, circulation and parking, and the separation and storage of recyclable materials.
24. 
No minor subdivision or minor site plan involving any street(s) additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be granted to the Township or other appropriate governmental agency.
25. 
Sight triangle easements shall be shown and granted as specified in this chapter for corner lots or for intersections of a street with a driveway providing ingress and/or egress to nonresidential development.
26. 
Any existing protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan. Any proposed deed descriptions, easements, covenants, restrictions and roadway and sight triangle dedications, including metes and bounds as applicable, shall be submitted for approval and required signatures prior to filing with the County Recording Officer.
27. 
If the proposed lot(s) is (are) not served by a sanitary sewer, three copies of the plan approved by the Township Board of Health, with date of approval, of site evaluation tests, certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s) and boring(s), soil logs, proposed location of the septic disposal areas and reserve areas, test results, soil types, percolation rates and compliance with the Individual Sewage Disposal Code of New Jersey or applicable Township Board of Health Codes, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer.
28. 
[2]Concerning minor site plans only involving the storage of hazardous substances (as defined in Ordinance No. 81-85 of the Board of Health of the Township of Montgomery, and as set forth at Section BH16-1 et seq. of the Board of Health Code), a proposal for the means of storage of hazardous substances in accordance with said Ordinance No. 81-85. In the event the Board of Health has not approved the means of hazardous substance storage by the time the Planning Board or Board of Adjustment renders it decision on the application, any approval by the Planning Board or Board of Adjustment shall be conditioned on the subsequent approval of the means of hazardous substance storage by the Board of Health in accordance with Ordinance No. 81-85 of the Board of Health.
[2]
Editor's Note: Former Subsection 16-8.3.b.28, which pertained to submission requirements when an application meets the definition of major development by increasing the impervious coverage by more than one quarter acre or 10,890 square feet or by ultimately disturbing one or more acres of land per Subsection 16-5.2e of this chapter, was repealed 12-17-2020 by Ord. No. 20-1646, which ordinance also provided for the redesignation of former Subsections 16-8.3.b.29 through 16-8.3.b.33 as Subsections 16-8.3.b.28 through 16-8.3.b.32, respectively.
29. 
If a survey is referenced, a copy of a signed and sealed survey by a licensed New Jersey land surveyor, showing the tract boundary, topographic information, existing conditions, and all critical areas, as defined by this chapter.
30. 
Certification from the Township Tax Collector that all taxes and assessments are paid to date, and certification from the Chief Financial Officer or his/her designee that all prior escrow fees have been posted; and, if the processing of the application extends into any subsequent tax quarter, a current certificate from the Tax Collector shall be required by the Board before approval may be granted.
31. 
A list of all known licenses, permits and other form of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the County, State and Federal government. Evidence of the submission of the application(s) for other agency approvals having jurisdiction over the application and/or required by the Township Engineer shall be submitted. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
32. 
The Board reserves the right to require additional information before granting approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, an Environmental Impact Statement and/or Traffic Impact Statement, provided, however, that no application shall be deemed incomplete for the lack of such additional information.
c. 
Action by the Township.
1. 
The Planning Board or Zoning Board of Adjustment, as the case may be, and/or the Development Review Committee, 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 Subsection 16-8.3b of this chapter, said Board or Development Review Committee shall certify that said application is complete.
(b) 
If said application is found to lack some of information required by Subsection 16-8.3b of this chapter, said Board or Development 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 Board reasonably concludes that the missing items of information are not necessary for it 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.
(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 16-8.3b and said request shall be granted or denied by the Board within 45 days.
(d) 
In the event the Board and/or Development Review Committee fails to act pursuant to Subsections 16-8.3c1(b)(1) or 16-8.3c1(b)(2) 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 Board 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 chapter, 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.
3. 
Promptly after certification of completeness, 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 copies of the minor plat or plan and nine copies of the application);
(b) 
Subdivision Committee or Site Plan Committee, as the case may be (four additional copies of the minor site plat or plan and four additional copies of the application);
(c) 
Somerset County Planning Board (two copies each of the minor plat or plan and the application);
(d) 
Planning Board Attorney (one copy each of the minor plat or plan and the application);
(e) 
Township Administrator (one copy each of the minor plat or plan and the application);
(f) 
Township Planner (one copy each of the minor plat or plan and the application);
(g) 
Township Engineer (one copy each of the minor plat or plan and the application);
(h) 
Construction Official (one copy each of the minor plat or plan);
(i) 
Zoning Officer (one copy each of the minor plat or plan and the application);
(j) 
Township Board of Health (one copy each of the minor plat or plan and the application);
(k) 
Township Environmental Commission (one copy each of the minor plat or plan and the application);
(l) 
Somerset/Union Soil Conservation District (one copy each of the minor plat or plan and the application);
(m) 
Township Clerk (one copy each of the minor plat or plan and the application for the Township's files);
(n) 
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 shall be sent to other Township, County or State agencies as may be designated by the Board.
4. 
The 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.
5. 
Any designated 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 chapter. The Subdivision Committee or Site Plan Committee, as the case may be, shall offer its recommendations to the Board.
6. 
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.
7. 
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 on a master copy of a reproducible tracing. 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 Township 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 approval resolution, adopted in accordance with Subsection 16-7.6f of this chapter, within 10 days of its adoption by the Board.
8. 
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 Subsection 16-7.6f of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.
9. 
Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the Map Filing Act, P.L. 1900, 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. All plats requiring final approval or deeds requiring approval shall be submitted in a timely fashion following approval to the appropriate Township staff. Unless filed within said 190 days, the approval shall expire and will require Board approval as in the first instance. 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 by the Board, provided that the approved minor subdivision shall have been duly recorded.
10. 
Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, all conditions of the approval, if any, must be met by the applicant. The applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:
(a) 
Administrative Officer;
(b) 
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 Township Engineer);
(c) 
Zoning Officer;
(d) 
Township Tax Assessor;
(e) 
Township Board of Health;
(f) 
Such other Township, County or State agencies and officials as directed by the Board.
If the applicant is confirming a minor subdivision by recording a deed(s), a copy of the recorded deed shall be furnished to the Administrative Officer.
[1]
Editor's Note: The checklists are included as an attachment to this chapter.