§ 200-53. Preliminary plat approval for major subdivisions.

A. 

Objectives of submission. To transfer the general and approximate ideas of the sketch plat more exactly to a precise base to verify their feasibility and merit before proceeding with detailed construction and engineering documents.

B. 

Application. Two or more copies of the preliminary plat, an application in a form approved by the Planning Board and the requisite fee shall be delivered to the administrative officer in accordance with the procedures set forth herein.

C. 

Preliminary plat details. The preliminary plat, notwithstanding any other requirement stipulated by this Part 2, shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet and shall contain or be accompanied by the following information, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application:

(1) 

A key map at a scale not smaller than one inch equals 1,000 feet, showing the relation of the portion to be subdivided to the entire tract and the relation of the entire tract to the neighborhood for at 1,000 feet beyond its boundaries.

(2) 

The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

(a) 

The name and address of the record owner or owners.

(b) 

The name and address of the subdivider and, if a partnership or corporation, names of all individuals having more than 10% ownership.

(c) 

The name and address of the person who prepared the plat.

(d) 

The names of adjacent and facing owners.

(3) 

A survey map, prepared by a licensed surveyor of New Jersey, showing boundaries of the tract to be subdivided, with tract size to the nearest 1/100 of an acre.

[Amended 8-21-1989 by Ord. No. 89-35]

(4) 

Contours.

(a) 

Existing and proposed contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope shall be required. Contours shall be in the United States Coast and Geodetic Control Survey Datum. At least two permanent bench marks for each 50 acres or portion thereof shall be established on opposite ends of the proposed subdivision, and their locations, descriptions and elevations shall be noted on the preliminary plat. Existing contours shall be shown beyond the limits of the subject tract for a distance of at least 200 feet.

[Amended 4-20-1990 by Ord. No. 90-12]

(b) 

For preliminary applications only the applicant may rely on existing topographic information on file in the Township Engineer's office, provided that there have been no major changes in the site's topography and that, if requested by the Township Engineer, specific portions of the site topography will be updated, if required, at the applicant's expense, to approve the project's stormwater control drainage plan.

[Added 2-25-1985 by Ord. No. 85-1]

(5) 

The location of existing and required setback lines, proposed building footprints, streets within 200 feet of the subdivision; and the location of existing and proposed buildings, watercourses, floodplains, railroads, bridges, culverts, drainpipes, greenbelts and all natural features, such as wooded areas and rock formations. Also indicate all Township Master Plan proposals on-site and off-tract within 500 feet of the proposed subdivision.

[Amended 8-21-1989 by Ord. No. 89-35; 10-16-1989 by Ord. No. 89-40; 4-20-1990 by Ord. No. 90-12]

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

(6) 

When a public sewage disposal system is not available, the current rules, regulations and procedures of the Township shall be followed in submission of sufficient percolation test and soil log data that will enable the Health Officer to make a recommendation to the Township Planning Board. An adverse report by the Health Officer shall be deemed as sufficient grounds for the Planning Board to disapprove said subdivision or portion thereof. The Planning Board will not reconsider any subdivision or portion thereof so disapproved until the requirements of the Health Officer are met.

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

(7) 

A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

(8) 

Plans and profiles showing proposed utility layouts (sanitary sewers, storm drains, water, gas, electric, detention basins, etc.) showing feasible connections to existing or proposed utility systems. Cross sections of streets may be required by the Township Engineer. Locations of fire hydrants and street lights shall be established with the aid of the Township Fire Protection Official and the Township Engineer, respectively.

(9) 

The proposed names of all streets within the subdivision shall be shown and shall be subject to approval by the Planning Board.

(10) 

Each block and lot shall be numbered in accordance with the system of numbers, which will ultimately be the numbers shown on the Township Tax Map.

(11) 

A drainage plan shall be submitted, which shall show the existing contours and proposed contours, proposed finished grade elevations at street intersections and breaks in grade, proposed rates of grades of streets, locations of drainage sub-basin limits, proposed method of block drainage, including proposed (down) slope arrows and all drainage systems and structures, including sizes and invert and casting elevations. The plan shall be accompanied by a set of drainage computations certified by a professional engineer. Where brook or stream channel improvements are proposed or required, the plans for such improvements shall be approved by the State Department of Environmental Protection or the Mercer County Planning Board, where applicable.

[Amended 4-20-1990 by Ord. No. 90-12]

(12) 

All proposed lot lines, dimensioned in feet and tenths, and the approximate area of all lots in square feet, as well as any open spaces proposed to be dedicated for public use.

(13) 

When the development of the subdivision or improvements within the subdivision are contingent upon improvements outside the boundaries of said subdivision, information shall be supplied by the subdivider prior to Planning Board consideration for preliminary approval that the improvements outside the subdivision shall be installed and shall be available to the subdivider prior to the issuance of any certificate of occupancy for the project or phase of a project that is the subject of a development application.

[Amended 2-25-1985 by Ord. No. 85-1]

(14) 

Any open space proposed to be dedicated for public use or playgrounds or other public purpose and the location and use of all such property shall be shown on the plat.

(15) 

When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board may require as a condition of final approval test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory at the expense of the subdivider under the direction of the Township Engineer, prior to the commencement of construction.

[Amended 2-25-1985 by Ord. No. 85-1]

(16) 

A statement accompanying the preliminary plat indicating the type of structure(s) to be erected and the approximate date of construction start; a tentative section plan for the entire subdivision indicating the estimated number of lots on which final approval will be requested for the first section.

(17) 

A full or partial environmental impact statement, as may be required by the Planning Board at the time of preliminary plat approval. Provide four completed copies of the Green Development Practices Checklist, as outlined in Part 1, Article V, § 200-23, of this chapter.

[Amended 9-7-2010 by Ord. No. 2010-16]

(18) 

A soil survey map, prepared by a professional engineer, to indicate the different types of soils that exist on the subject tract and within 200 feet of the extreme limits of the subject tract. This map shall be in conformance with the soil survey of Mercer County, New Jersey, published by the United States Department of Agriculture. Where wetlands exist on or within 200 feet of the extreme limits of the subject tract, as per N.J.A.C. 7:7A-1 et seq., the wetlands boundary shall be superimposed on the soil survey map.

[Added 8-21-1989 by Ord. No. 89-35]

(19) 

If wetlands exist, as per N.J.A.C. 7-1 et seq. or 7A-1 et seq., Freshwater Wetlands Protection Act rules are to be complied with prior to submission of plans to the Township. An area of wetlands shall be depicted on plans with surveyor's metes and bounds information for the out-bounds of such areas. A letter of interpretation issued by the New Jersey Department of Environmental Protection, Division of Coastal Resources, shall be submitted, indicating the presence or absence of freshwater wetlands on the parcel in question.

[Added 8-21-1989 by Ord. No. 89-35]

(20) 

A landscape plan, prepared by a certified or licensed landscape architect, at a minimum scale of one inch equals 50 feet or larger, illustrating the proposed site elements as they relate to existing structures and site amenities, including existing woodlands, isolated trees greater than five-inch caliper, existing topographic contours and any and all other natural features; the intent, location and type of all existing and proposed landscaping and buffering; and the location, form, height and width of other landscape architectural materials such as berms, fences, walls, site furnishings, bridges and walks.

[Added 8-21-1989 by Ord. No. 89-35]

(21) 

An aerial photograph with the site boundaries outlined to evaluate the effects upon existing vegetation and surrounding land use.

[Added 8-21-1989 by Ord. No. 89-35]

(22) 

A traffic signage plan conforming to the requirements of § 200-91U of Part 3, Subdivision and Site Plan Procedures, of this chapter.

[Added 9-19-1988 by Ord. No. 88-26; amended 8-21-1989 by Ord. No. 89-35]

(23) 

A letter of interpretation issued by the New Jersey Department of Environmental Protection, Division of Coastal Resources, shall be submitted, indicating the presence or absence of freshwater wetlands on the parcel in question.

[Added 4-20-1990 by Ord. No. 90-12]

D. 

Preliminary plat review.

(1) 

Within 45 days of the submission to the administrative officer of a complete subdivision plat application for 10 lots or less or within 95 days of submission of a complete application for a subdivision application of more than 10 lots or within such further time as may be agreed upon by the developer, the Planning Board shall act upon the application.

(2) 

Submission of a major development subdivision application shall be reviewed and acted upon by the Planning Board according to § 200-48, Expedited review; low/moderate-income developments, herein.

[Added 2-25-1985 by Ord. No. 85-1]

(3) 

Distribution. Upon receipt of a complete application, the administrative officer shall submit one copy to each member of the Planning Board and one copy of the application to the following professionals and boards:

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

(a) 

The Township Engineer.

(b) 

The Township Planning Consultant.

(c) 

The Township Health Officer.

(d) 

The Township Environmental Consultant.

(e) 

The Township Forestry Committee.

(f) 

The Township Public Safety Officer.

(g) 

The Township Fire Marshal.

(h) 

The Township Local Fire Company.

(i) 

The Township First Aid Squad.

(j) 

The Township Traffic Engineering Consultant.

(k) 

The Township Landscape Architect.

(l) 

The Township Mayor.

(m) 

The Mercer County Planning Board and other agencies, where applicable (e.g., New Jersey Department of Transportation, D & R Canal Commission, the Clerk of the adjoining Township, the Secretary of the School Board, etc.).

(n) 

Such other boards, agencies or professionals as the Planning Board may deem necessary or which may be required to be notified by law.

(o) 

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.

(4) 

Review. The professionals and boards shall have a period of 30 days after the filing date of a subdivision plat application of 10 or fewer lots or 73 days on a subdivision plat application of more than 10 lots to make a report and recommendations concerning the preliminary plat. The Planning Board shall take such recommendations into account but shall have the right to proceed in the absence of any such recommendation.

E. 

Preliminary plat hearing. All actions of the Planning Board on preliminary subdivision plats shall be at a public hearing. Public notice of an application as provided in § 200-76 of Part 3, Subdivision and Site Plan Procedures, of this chapter, shall be required for all major subdivision plats. Applicants for major subdivision plats requiring variances by the Planning Board shall also be required to provide public notice of application.

F. 

Preliminary plat action. After the conclusion of the hearing, but in no event later than the first regular meeting following the hearing, the Planning Board shall by resolution approve, disapprove or conditionally approve the preliminary plat, stating the reasons for any disapproval.

G. 

Decisions of Planning Board. See § 200-77 of Part 3, Subdivision and Site Plan Procedures, of this chapter, for decisions on subdivision plat applications under varying procedural conditions.

H. 

Effect of preliminary approval. Preliminary approval of a subdivision plat shall, except as provided in Subsection I herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.

(1) 

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 on-site and off-tract improvements and any requirements peculiar to the specific subdivision plat. The Township may modify by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety, provided that such modifications are in accord with amendments adopted by ordinance subsequent to approval.

(2) 

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.

I. 

Extension of preliminary approval.

(1) 

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) 

In the case of a subdivision plat for an area of 50 acres or more, the Planning Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. 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 the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

(3) 

Any extension granted hereunder shall be conditioned upon payment by the applicant of development fees at the rate authorized by the West Windsor Township Code in effect at the time the extension is granted.

[Added 4-12-2004 by Ord. No. 2004-06]

J. 

Variances; Planning Board review in lieu of Board of Adjustment. The Planning Board, when reviewing applications for subdivision plats, shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment variances from lot area, lot dimensions, setback and yard requirements, provided that relief shall not be granted for more than one lot.

K. 

Approved preliminary plat; municipal distribution.

(1) 

The administrative officer shall distribute copies of the approved preliminary plat with construction plans to each of the following:

(a) 

Township Engineer: one print.

(b) 

Applicant: one print.

(c) 

Sanitary Sewer Consultant: one print.

(d) 

Planning Board file: one print.

(2) 

Further, one print of just the plat drawing shall be distributed to the Health Officer and Environmental Commission.

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