A.
Any owner of land within the City of Garfield shall,
prior to subdividing or resubdividing land, as defined in this chapter, submit
an application for subdivision approval to the City Clerk upon a form to be
provided by the Planning Board, accompanied by such appropriate map of the
proposed subdivision as required in this article. The City Clerk shall transmit
such application and map to the Chairman of the Subdivision Committee of the
Planning Board within three days.
B.
The Planning Board shall provide two types of application
forms: one entitled "Application for Approval of a Minor Subdivision" and
the other entitled "Application for Approval of a Major Subdivision."
A.
Applications for approval of a minor subdivision shall be made in triplicate on the appropriate form provided and shall be accompanied by a plat, in triplicate, of the proposed subdivision, including the original drawing on tracing cloth. The plat shall set forth the data required in § 290-9. Applications for a minor subdivision shall also be submitted for approval to the County Planning Board.
B.
The Subdivision Committee shall consider and act upon
each application for a minor subdivision within 30 days after receiving it.
If the Subdivision Committee unanimously finds that the application is in
proper order and that it conforms to the definition of a minor subdivision
as contained in this chapter, and if it meets with the Committee's unanimous
approval, the Subdivision Committee is hereby empowered, as provided for in
the Municipal Planning Act, N.J.S.A. 40:55-1.15,[1] to waive the requirements for notice, hearings and review by the Planning Board and any other requirements except those provided for in this section. Such finding shall be deemed to be favorable approval by the Planning Board. Upon such approval, the Chairman of the Subdivision Committee shall make a signed notation to that effect upon the original plat and shall forward it to the Chairman of the Planning Board for signature. Such Chairman shall forthwith forward it to the City Clerk. Such signed plat shall be returned by the City Clerk to the subdivider within one week after its approval by the Subdivision Committee, provided that payment has been made for the reproductions required in Subsection D. No further Planning Board approval shall be required.
[1]
Editor's Note: See N.J.S.A. 40:55D-38 to 55D-41 and 40:55D-47.
C.
A report of the action of the Subdivision Committee on
each minor subdivision application shall be made at the next regular meeting
of the Planning Board following such action and shall be noted upon the minutes
of said Board's meeting.
D.
Before the City Clerk returns any approved plat to the
subdivider, he shall have sufficient copies made to furnish one copy to each
of the following officials the cost of which copies shall be paid by the subdivider
to the City Clerk before the return of the original plat to the subdivider:
E.
The original drawing of such plat map, drawn in compliance
with Chapter 358 of the Laws of 1953 (N.J.S.A. 46:23-9.1 through 46:23-9.8),
shall be filed by the subdivider with the county recording officer within
90 days following the date of approval.
F.
Any plat not classified as a minor subdivision by unanimous action of the Subdivision Committee shall be considered a major subdivision. A notation to that effect shall be made on the plat by the Chairman of the Subdivision Committee. The plat shall then be returned to the subdivider by the Chairman of the Subdivision Committee for compliance with the procedure in §§ 290-6 and 290-7.
A.
Applications for major subdivisions as herein defined shall be made in triplicate on the appropriate form provided and shall be accompanied by the original drawing, on tracing cloth, of a preliminary plat and at least five prints, which shall show and include the data required by § 290-10. At time of filing, a fee of $25 shall be paid to the City Clerk for the purpose of defraying the costs of publishing and mailing notices of public hearings. The City Clerk shall deliver the application and preliminary plat to the Chairman of the Subdivision Committee following receipt.
B.
The Subdivision Committee shall consider such application
for a major subdivision within 15 days after receipt thereof from the City
Clerk and shall determine whether the application is complete and in proper
form as provided for in this chapter. If the application is found to be complete
and in proper form, the Subdivision Committee shall certify the application
for public hearing to be held at the next regular meeting of the Planning
Board, provided that the date of such meeting shall be at least 15 days following
such certification.
C.
The Chairman of the Subdivision Committee shall notify
the City Clerk of such certification of the application for public hearing
within three days. The City Clerk shall thereupon notify by personal service
or by registered mail, at least 10 days prior to the hearing, all adjoining
property owners and property owners directly across the street or streets
from the property involved, as their identities and mailing addresses appear
in the records of the Municipal Collector of Taxes. The notice of hearing
shall contain a brief description of the property involved, a statement as
to its location, a list of the maps and other documents to be considered and
a summary statement of the matters to be heard. Copies of the maps and other
documents to be considered at the hearing shall be filed in the office of
the City Clerk. Such copies shall be made available at such office for public
inspection. Said Clerk shall also cause said notice of hearing to be published
in the official newspaper or a newspaper of general circulation in the City
of Garfield at least 10 days prior to the hearing.
E.
The Planning Board shall act to approve or disapprove
the preliminary plat within 45 days following certification for public hearing,
but in no case before the expiration of the twenty-day period within which
the County Planning Board may submit a report on said subdivision. The recommendations
of the County Board shall be given careful consideration before the decision
of the local Planning Board is made. If the Planning Board disapproves of
a plat, or if the County Planning Board disapproves of a plat affecting drainage
on a county road, the reasons for disapproval shall be stated in writing,
a copy of which shall be attached to the application and returned to the City
Clerk for transmittal to the subdivider.
F.
Following the public hearing and prior to adoption of a resolution of approval or disapproval of a subdivision application, the subdivider may request and the Planning Board may grant permission to revise the plat map. The Planning Board may grant a continuance not to exceed 31 days for submission of such a revised plat map, provided the subdivider files a written statement of waiver which releases the Planning Board from the requirement to approve or disapprove the application within the forty-five-day limit as set forth in Subsection E. The Planning Board may act to approve or disapprove such revised plat without additional hearings, unless it finds that the revised plat contains provisions substantially affecting parties of interest, which provisions were not contained in the plat previously.
G.
If the Planning Board grants its tentative approval contingent
upon conditions to be complied with prior to final approval, such conditions
shall be stated in the resolution of approval and entered into the minutes
of the Planning Board. Copies of such resolution shall be attached to the
original plat and to all copies of it filed pursuant to this chapter.
H.
If the Planning Board acts favorably on a preliminary
plat, the Chairman of the Planning Board shall sign his name to the plat with
a notation that it has received tentative approval. He shall then return the
plat to the City Clerk.
I.
Tentative approval shall confer upon the applicant the
following rights for a three-year period from the date of approval:
Before consideration of a final subdivision plat, the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the improvements required by the Planning Board pursuant to Article V hereof or the subdivider shall have installed the said improvements.
A.
Application for approval of a final plat shall be submitted
to the City Clerk by the subdivider within three years following the date
of tentative approval. The final plat shall consist of the original tracing
and three prints. The City Clerk shall forthwith deliver such final plat to
the Secretary of the Planning Board. The Planning Board shall act upon the
final plat within 45 days after submission by the subdivider or within such
further time as the subdivider may agree to.
B.
The final plat must have incorporated therein any and
all changes or modifications required by the Planning Board, or if none shall
have been required, it shall conform to the preliminary plat as given tentative
approval, except that it may consist of one section of the whole.
C.
The final plat shall be accompanied by a written statement
by the City Engineer that he has received a map showing all improvements,
both proposed and existing, in exact location and elevation, identifying those
portions already installed and those to be installed, and that the subdivider
has complied with either or both of the following requirements:
D.
If the Planning Board approves the final plat, a statement
to that effect shall be made on the plat and it shall be signed by the Chairman
and the Secretary of the Planning Board.
E.
Failure of the Planning Board to act within the above-specified
time or within any mutually agreed upon time extension shall be deemed to
be favorable approval, and the City Clerk shall, upon request of any interested
person, issue a certificate to that effect.
F.
If any person shall be aggrieved by the action of the
Planning Board, he may appeal to the Mayor and Council within 10 days after
the date of such action by the Planning Board. A hearing shall be given on
notice to all parties in interest, who shall be afforded an opportunity to
be heard. After such hearing, the Mayor and Council may affirm, reverse or
modify the action of the Planning Board by a recorded vote of a majority of
the total members thereof. The findings and reasons for the disposition of
the appeal shall be stated on the records of the governing body, and the applying
party shall be given a copy.
H.
The final plat, after final approval by the Planning
Board, shall be filed by the subdivider with the county recording officer
within 90 days from the date of such approval. If any final plat is not filed
within this period, the approval shall expire unless the governing body, for
good cause shown, may extend the time for plat filing for a period not to
exceed 90 days.
I.
No plat shall be accepted for filing by the county recording
officer unless it has been duly approved by the Planning Board and signed
by the Chairman, Acting Chairman or Secretary.
