§ 200-51. Plat approval for minor subdivisions.

A. 

Distribution. If classified as a minor subdivision, one copy of the plat shall be retained for the Planning Board file and one copy of the plat shall be forwarded by the administrative officer to each of the following for review and comment:

(1) 

The Township Planning Board.

(2) 

The Township Engineer.

(3) 

The Township Planner.

(4) 

The County Planning Board.

(5) 

The Township Health Officer.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(6) 

The Township Construction Official.

(7) 

The Planning Board Attorney.

(8) 

The Township Environmental Commission and its consultant.

(9) 

Other agencies as may be determined by the Planning Board (e.g., Secretary of the School Board, Clerk of adjoining Township, New Jersey Department of Transportation, D&R Canal Commission, etc.).

(10) 

The West Windsor Affordable Housing Committee, if the application includes low- and moderate-income units, or if the zoning includes low- and moderate-income units.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

B. 

Action.

(1) 

The Planning Board shall act within 45 days of the filing date of a complete application for a minor subdivision. The Board shall not approve or conditionally approve the minor subdivision prior to receipt of comments by the above agencies or officials or before 30 days from the filing date has elapsed without any comments, whichever occurs first. Further, the Planning Board shall have the right to approve or change the classification of the subdivision by a majority vote.

(2) 

If approved, a notation to the effect shall be made on the plat, and it shall be signed by the Planning Board Chair and the Planning Board Secretary and returned to the subdivider within one week following the meeting of the Planning Board at which official action was taken.

(3) 

If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be returned to the applicant. The Planning Board may attach conditions of approval to any minor subdivision.

C. 

Filing with county recording officer.

(1) 

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 by the subdivider with the county recording officer within 190 days from the date of approval. Failure to file within 190 days shall void said subdivision approval.

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

(2) 

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(3) 

The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

[Added 4-19-1999 by Ord. No. 99-07]

D. 

Limit of minor subdivision. No minor subdivision shall be approved by the Planning Board if any minor subdivision has already been approved since August 15, 1975. This limitation prohibits the further minor subdivision of an original tract of land from which a minor subdivision has been approved. It also prohibits the further minor subdivision of the new lot created from such a minor subdivision.

E. 

Approved minor subdivisions; municipal distribution. Before the construction official issues a building permit for the approved minor subdivision, the applicant shall provide the administrative officer with a certificate of filing from the County Clerk's office. The administrative officer shall distribute copies of the approved subdivision to each of the following:

[Amended 10-25-1982 by Ord. No. 82-47]

(1) 

Township Engineer: two prints.

(2) 

Applicant: one print.

(3) 

Construction Official, for each lot and block file: one print.

(4) 

Tax Assessor: one print.

(5) 

County Planning Board: one print.

(6) 

Planning Board file: one print.

F. 

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. Applicants shall be responsible for necessary approvals prior to development as may be required by other Township codes and ordinances.