Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 CHAPTER XXXI RESERVED Comment [PG103]: Tree Ordinance moved elsewhere in document 247

DRAFT PROPOSED REVISIONS – OCTOBER 2011 CHAPTER XXXII LAND SUBDIVISION* 32-1 SHORT TITLE. This chapter shall be known and may be cited as "The Land Subdivision Ordinance of the Township of West Orange." (1972 Code § 24-1) 32-2 PURPOSE. The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision in the Township in order to promote its public health, safety, convenience and general welfare. It shall be administered to insure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services. (1972 Code § 24-2) 32-3 APPROVING AGENCY; ADMINISTRATION. The approval provisions of this chapter shall be administered by the Township Council after favorable referral by the Planning Board or Zoning Board of Adjustment in accordance with N.J.S.A. Comment [PG104]: many subdivision 40:55-1.14 Sections 25-46.7b and 25-47.8d of Chapter XXV, Land Use Regulations. procedures outdated and not consistent with current state law In the case of a minor subdivision as herein defined and classified, the Planning Board is empowered and authorized to waive full notice and hearing and favorable referral by a majority of the Board, provided that the Technical Advisory Subdivision Committee of the Planning Board unanimously finds no cause for review by the entire Board or for unfavorable action upon the subdivision. Such finding shall be deemed to be favorable approval by the Planning Board. (1972 Code § 24-3) 32-4 CONSTRUCTION OF CHAPTER. This chapter shall not be construed to repeal the Zoning Ordinance or any part thereof. (1972 Code § 24-4) 32-5 DEFINITIONS. The following words, terms or phrases when used in this chapter shall have the meanings ascribed in this section: Approving agency shall mean the Planning Board or Zoning Board of Adjustment in accordance with Sections 25-46.7b and 25-47.8d of Chapter XXV, Land Use Regulations. Drainage right-of-way shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to

ired for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with N.J.S.A. 58:1-1 to 58:1-34. Final plat shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and meeting the requirements of subsection 32-8.3, and which, if approved, shall be filed with the proper County Recording Officer. * Editor's Note: The power to regulate land subdivision is set forth in N.J.S.A. 40:55-30 et seq. 248

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Lot shall mean a designated parcel, tract or areaportion of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds for purpose of sale, lease or separate use. Comment [PG105]: modified to match state law Major subdivision shall mean all any subdivisions not classified as a minor subdivisions. Master Plan shall mean a composite of the mapped and written proposals recommending the physical development of the Township which shall have been duly adopted by the Planning Board. Minor subdivision shall mean any subdivision containing not more than two (2) lots fronting on any existing street accepted by the Township and not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter. Official Map shall mean a map adopted in accordance with Article 5. tThe Official Map, of the Municipal Land Use Law and Building Permit Act, at N.J.S.A. 40:55D-1.30-32 et seq., or any prior act authorizing such adoption. The map shall be deemed conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon. Comment [PG106]: modified to match state law Owner shall mean any individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter. Performance guarantee shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body agency approves a plat, including performance bonds, escrow agreements,

ich may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body agency approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. Plat shall mean the map of a subdivision. Preliminary plat shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Township Clerk for Planning Boardapproving agency for consideration and tentative approval, and meeting the requirements of Section 32-8 of this chapter. Sketch plat shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification, and meeting the requirements of Section 32-8 of this chapter. Street shall mean any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway, or a street or waywhich is shown upon a plat heretofore approved pursuant to law, or approved by official action, or a street or waywhich is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to revise plats, and includes the land between the street lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows: a. Arterial Streets. Those streets which are used primarily for fast or heavy traffic. b. Collector Streets. Those streets which carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development. c. Minor Streets. Those streets which are used primarily for access to the abutting properties. 249

DRAFT PROPOSED REVISIONS – OCTOBER 2011 d. Marginal Access Streets. Streets which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic. e. Alleys. Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. Comment [PG107]: unnecessary regulations Subdivider shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself/herself or for another. Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites tracts, parcels or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered subdivisions, provided that no new streets or roads are involved: divisions of land for agricultural purposes where the resulting parcels are fivethree (53) acres or larger in size, divisions of property by testamentary or interstate provisions, or divisions of property upon court order, consolidations of existing lots by deed or other recorded instrument, and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Construction Official/Zoning Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term “Ssubdivision” shall also includes the term “resubdivision.”, and where appropriate to the context, relates to the process of subdividing or in the lands or territory divided. Technical Advisory CommitteeSubdivision Committee shall mean the Technical Advisory Committee established pursuant to Section 25-51.15 of Chapter XXV, Land Use Regulationsa committee of at least three (3) Planning Board Members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and

committee of at least three (3) Planning Board Members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and performing such other duties relating to land subdivision as may be conferred on the Committee by the Board. (1972 Code §§ 24-5—24-5.16) Comment [PG108]: unnecessary regulation 32-6 RULES AND REGULATIONS. The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township Council and the Planning Board or Zoning Board of Adjustment under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his/her agent can clearly demonstrate that, because of peculiar conditions pertaining to his/her land, the literal enforcement of one (1) or more of these regulations is impracticable or will exact undue hardship, the Planning Board and Township Council or Zoning Board of Adjustment may permit such variance or variances exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. (1972 Code § 24-6) 32-7 PROCEDURE/PLAT DETAILS. 32-7.1 Submission of Sketch Plat. The information required to be submitted for any application for subdivision approval and the application procedures are included in Section 25-51 of the Land Use Regulations Ordinance, the Township of West Orange’s Site Plan/Subdivision Checklist and the Application Form for the Planning Board or Zoning Board prepared by the Department of Planning and Development. 250

DRAFT PROPOSED REVISIONS – OCTOBER 2011 a. An owner of land, prior to subdividing or resubdividing land as defined in this chapter, shall submit to the Secretary of the Planning Board or other designated official, at least two (2) weeks prior to a regular meeting of the Planning Board, a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion, together with an application for subdivision on a form prescribed by the Planning Board. b. If the proposed subdivision is classified and approved as a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect shall be made on the sketch plat. The applicant shall cause to be paid a fee of ten ($10.00) dollars, payable to the Township for the cost of processing the application. The Secretary of the Planning Board shall note on the plat that the required fee has been paid. The plat will then be forwarded to the Mayor and the Township Clerk for their signatures and returned to the subdivider within one (1) week following the next regular meeting of the Township Council. No further approval by the Township Council shall be required. c. Before the Township Clerk returns any approved sketch plat to the subdivider, he/she shall have sufficient copies made to furnish one (1) copy to each of the following Township officials: 1. Clerk. 2. Engineer. 3. Construction Official or Zoning Officer. 4. Tax Assessor. 5. Secretary of the Planning Board. The cost of the copies shall be charged to the subdivider and shall be collected before the return of the original sketch plat to the subdivider. d. A deed description or a plat map drawn in compliance with N.J.S.A. 46:23-9.1 et seq. of the Laws of 1953 shall be filed by the subdivider with the County Recording Officer within ninety (90) days from the date of return of the approved sketch plat. e. If the plat is classified as a major subdivision, a notation of that effect shall be made on the plat which shall be returned to the subdivider for compliance with the procedure in subsections 32-7.2 and 32-7.3. (1972 Code § 24-7.1) 32-7.2 Submission of Preliminary Plat of Major Subdivision, for Tentative Approval. a. At least six (6)

liance with the procedure in subsections 32-7.2 and 32-7.3. (1972 Code § 24-7.1) 32-7.2 Submission of Preliminary Plat of Major Subdivision, for Tentative Approval. a. At least six (6) black-on-white prints of the preliminary plat, together with three (3) completed application forms for preliminary approval, shall be submitted to the Township Clerk two (2) weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a fee of twenty-five ($25.00) dollars shall be paid to the Township Clerk. The Township Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plat. b. The subdivider of the Planning Board shall notify by mail, at least five (5) days prior to the hearing, all owners of the property within two hundred (200) feet of the extreme limits of the subdivision, as their names appear on the municipal tax record. The notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of the preliminary plat has been filed with the Township Clerk for public inspection. The subdivider shall also cause notice of the hearing to be published in the official newspaper or in a newspaper of general circulation in the Township at least ten (10) days prior to the hearing. Proof in the form of an affidavit of the subdivider of compliance with the foregoing requirements shall be submitted to the Planning Board prior to the consideration of the plat. 251

DRAFT PROPOSED REVISIONS – OCTOBER 2011 c. Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons: 1. Township Engineer. 2. Secretary of the Department of Health. 3. Such other Municipal, County or State officials as directed by the Planning Board. d. The Planning Board shall act on the preliminary plat within ninety (90) days after submission to the Township Clerk, but in no case before the expiration of the twenty (20) day period within which the County Planning Board may submit a report on the subdivision. In all cases the recommendations of the County Board shall be given careful consideration in the final decision of the Township Planning Board. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-12, its action shall be noted on the plat, and if disapproved, two (2) copies of the reasons for disapproval shall be returned with the plat. If the Township Planning Board or the County Planning Board disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting a plat shall be notified of the action of the Planning Board within ninety (90) days of its submission. If approval is required by any other officer or public body, the same procedure as applies to submission and approval by the County Planning Board shall apply. If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat and it shall be referred to the Township Council for action. The Township Council shall act within thirty (30) days. Its action shall be noted on the plat, signed by the Mayor and be returned to the subdivider for compliance with final approval requirements. e. Preliminary approval shall confer upon the applicant the following rights for a three (3) year period from the date of approval: 1. That the general terms and conditions under which the preliminary approval was granted will not be changed. 2. That the applicant may submit on or before the expiration date the whole or part or parts of the plat for final approval. (1972 Code § 24-7.2) 32-7.3 Improvements or Guarantees Prior to Final