Montgomery City Zoning Code
§ 16-8.5
Submission of Final Major Subdivision Plats and Final Major Site Plans. 1
[Ord. #85-482, S 805; Ord. #85-489, S 1G; Ord. #85-495, S 1; Ord. #88-584, S VI H, I; Ord. #89-637, S 1; Ord. #93-769, S 3; Ord. #93-795, S 1; Ord. #95-822, S 1; Ord. #01-1036, S 2; Ord. #08-1294, S 7; amended 12-17-2020 by Ord. No. 20-1646; 4-18-2024 by Ord. No. 24-1722]
a.
Procedure for Submitting Final Plats and Final Plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least 21 days prior to the second Monday of the month: 26 copies of the final major subdivision plat or final major site plan; 26 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. 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.
b.
Details Required for Final Major Subdivision Plats and Final Major Site Plans. The following information shall be submitted:
2.
All additional details required at the time of preliminary approval shall be submitted; a copy of the signed preliminary plat or plan in conformance with the resolution of approval shall be on file with the Township.
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.
In the case of major subdivisions only, the subdivision plat shall include all information and data required by the Map Filing Law, N.J.S.A. 46:23-9.9, et seq.
5.
Detailed signed and sealed 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 center line 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 to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat. At least one 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.
6.
Evidence that a duplicate copy(ies) of the application for development has been filed with any other agency having jurisdiction over any aspect of the proposed development, if not supplied at the time of preliminary.
7.
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, and certification from the Chief Financial Officer or his/her designee that all prior escrow fees and other applicable 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.
(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 and that the applicant paid the required fees for the utility connections and service or installed all utility improvements in accordance with the requirements of this chapter 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:
(d)
A statement from the Township Engineer that:
(1)
All improvements installed prior to application have been inspected, as provided in Subsection 16-9.2 of this chapter and as-built drawings have been submitted by the applicant for the installed improvements; and
(2)
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.
8.
Concerning major subdivisions only, a sales map in the following format and containing the information noted herein below. The developer of the subject major subdivision shall provide all contract purchasers with a copy of the sales map at the time of contract and maintain a record of the contract purchasers' receipt of the sales map for the Township's reasonable inspection.
(a)
The sales map shall be at a scale of not more than 100 feet to the inch;
(b)
The sales map shall identify the location of all on-site flood hazard areas, streams and stream corridors, ponds, wetlands, wetland buffers, steep slopes and stormwater facilities and, to the extent available from preexisting public records, such features within 200 feet of the development also shall be identified;
(c)
The sales map shall show the location and recite the terms of any and all deed restrictions and/or easements on each individual lot within the subdivision;
(d)
The sales map shall show the zoning district classification of all property within the development and within 2,000 feet of the development, both within and outside of the Township, including a brief description of the permitted uses in each zoning district;
(e)
The sales map shall show the development plan for the subject property and all land contiguous thereto for a distance of 2,000 feet from the perimeter of the development, including lands outside of the Township, with the following information indicated thereon:
(1)
The location of all streets, with those streets to be connected to the proposed development clearly highlighted;
(2)
The location of all State, County and Township roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads. If any such roads are shown on the Township Master Plan, they shall be indicated on the sales map;
(3)
The location of all railroads, rights-of-way, airports, heliports, airport runways, air safety zones, air traffic patterns as approved by the New Jersey Department of Transportation or other agency having jurisdiction for airports located within the Township, landfills, power transmission lines and easements, pipe lines, rights-of-way for public utilities and any existing utilities;
(4)
The location of all solid waste and wastewater treatment facilities in existence, proposed or which have been closed; and
(5)
The location of all schools, recreational facilities, parks, playgrounds, open space and public buildings, existing and proposed.
Sales maps required pursuant to this subsection shall be annually reviewed by the developer or his/her successors and assigns with the Township Planning Director or his/her designee, and revised by the developer to include new or changed information. Any revisions to the sales map shall be also filed with the Township Planning Department. The obligations to post and revise a sales map shall cease when the certificate of occupancy for the last dwelling in the development has been issued. The developer shall provide all contract purchasers with a copy of the sales map at the time of contract and maintain a record of the contract purchasers' receipt of the sales map for the Township's reasonable inspection.
9.
Where proposed, the location of temporary construction trailers, temporary sales trailers or centers, models, and/or temporary signs.
10.
If the development is subject to the requirements pertaining to the establishment of escrows for underground water storage tank systems and ancillary fire protection wells as set forth in Subsections 16-5.16d1 and 16-9.3c4(b), a notation shall appear on the final plan that the escrow deposit for each lot must be posted prior to the issuance of the building permit for the principal structure that will be located on the subject lot.
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 16-8.5b 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 the information required by Subsection 16-8.5b 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 16-8.5b 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 16-8.5c1(b)(1) or 16-8.5c(b)(2) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth 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 final 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 final plat or plan and four additional copies of the application);
(c)
Somerset County Planning Board (two copies each of the final plat or plan and the application);
(d)
Planning Board Attorney (one copy each of the final plat or plan and the application);
(e)
Township Administrator (one copy each of the final plat or plan and the application);
(f)
Township Planner (one copy each of the final plat or plan and the application);
(g)
Township Engineer (one copy each of the final plat or plan and the application);
(h)
Construction Official (one copy each of the final plat or plan);
(i)
Zoning Officer (one copy each of the final plat or plan and the application);
(j)
Township Board of Health (one copy each of the final plat or plan and the application);
(k)
Township Environmental Commission (one copy each of the final plat or plan and the application);
(l)
Somerset/Union Soil Conservation District (one copy each of the final plat or plan and the application);
(m)
Township Clerk (one copy each of the final 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 final 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 of final site plan and final subdivision applications within 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.
5.
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 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 cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies.
6.
After the approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with Subsection 16-7.6f of this chapter.
(a)
Administrative Officer (one paper copy);
(b)
Township Engineer (one paper copy and, in the case of subdivisions only, one mylar copy 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)
Construction Official (one paper copy);
(d)
Township Tax Assessor (one paper copy);
(e)
The applicant (one paper copy and, in the case of subdivisions only, one mylar copy); and
(f)
Such other Township, County or State agencies and officials as directed by the Board.
7.
Final approval of a major subdivision shall expire 95 days from the signing of the plat unless within such period the plat shall have been duly filed by the developer with the Somerset County Clerk. The Board, for good cause shown, may extend the period of recording for an additional period not to exceed 190 days from the date of signing the plat. The Board may also extend the 95 days or 190-day period if the developer proves to the reasonable satisfaction of the 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 entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of such an extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. Developer may apply for an extension either before or after the original expiration date.
8.
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 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.
9.
In the case of APT/TH and PRD developments only, final approval shall not be granted for any section of the development unless, within the entire development if developed in one stage, or within each stage of the development if staged, the construction and issuance of certificates of occupancy for 'low' and 'moderate' income units has not yet met the following phasing schedule to assure that the construction of both types of units occurs in tandem:
Market Rate Housing Percentage (Maximum) | Low and Moderate Income Housing Percentage (Minimum) |
|---|---|
Up to 25% | 0% (none required) |
25% + 1 unit | At least 10% |
Up to 50% | At least 25% |
Up to 75% | At least 50% |
75% + 1 unit | At least 75% |
Up to 90% | 100% |
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 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 year each, not exceeding three of such extensions.
2.
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Subsection 16-8.5d1 hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The developer may apply thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
[1]
Editor's Note: The checklists are included as an attachment to this chapter.