What is a subdivision?

As defined by the Residential Site Improvement Standards (RSIS) a subdivision means the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development.

Subdivisions can be classified into Minor Subdivisions or Major Subdivisions. Minor subdivisions means a subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision, provided that such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement. Otherwise, the subdivision is considered a major subdivision.

The work associated with each type of subdivision is specifically outlined in the each township's checklist. Additional plan and design elements to be included in the subdivision are also contained in the township's land use ordinance or may be requested by the township's professional staff at informal workshop meetings or through review letters. Items on the checklist must be provided unless a waiver is requested. Furthermore, compliance with the zoning district's permitted uses and it's bulk requirements must be adhered to unless a variance is sought.

All subdivision applications are reviewed by various government agencies having jurisdiction over the project. With all subdivision applications, a formal presentation must be made before the township's Planning Board or Zoning Board of Adjustment to demonstrate the merits of the application and to formally request for an approval. With major subdivisions, the approval process is a two step process requiring Preliminary Major Subdivision approval first, then at a later date seeking Final Major Subdivision approval. In general, minor subdivision approval shall be deemed to be final approval of the subdivision by the board; provided that the board or said subcommittee may condition such approval on terms ensuring the provision of improvements.

Whether your project is classified as a major or minor subdivision, Avila Engineering is there to help you through the entire approval process by preparing conceptual plans, preparing the applications and checklist, coordinating with the various government agencies, strategizing with your and land use attorney, and providing expert testimony before the township's Planning or Zoning Boards.

Rights of Preliminary Approval

• Grants the developer rights for a three-year period from the date on which the resolution of preliminary approval is adopted.
• That the general terms and conditions on which preliminary approval was granted shall not be changed.
• That the applicant may submit for final approval on or before the expiration date of preliminary approval.
• That 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.

Rights of Final Approval

• 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 for a period of two years or longer, at the discretion of the board, after the date on which the resolution of final approval is adopted.
• The planning board shall grant an extension of final approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date.