A.
Any owner of land within the Borough of Swedesboro, in the County of Gloucester, shall, prior to subdividing or resubdividing land as defined in this chapter, submit to the Secretary of the Planning Board at least two weeks prior to the regular meeting of the Planning Board a sketch map of the proposed subdivision for purposes of classification and preliminary discussion. Such sketch map shall comply with the requirements of Article VI, § 290-14, hereof.
B.
If classified and approved as a minor subdivision by the unanimous
action of the Subdivision Committee; a notation to that effect will
be made on the sketches. The subdivider shall, upon notification by
the Secretary of the Board, forthwith submit to the Secretary of the
Planning Board seven additional copies of the sketch map as approved,
and where County Planning Board approval is required, the sketches
will be forwarded to that body for its consideration. The sketch map
will then be forwarded to the Chairman of the Planning Board and the
Municipal Clerk for their signatures.
C.
The sketches shall be distributed by the Secretary of the Planning
Board within one week following the next regular meeting of the Board
to the following: one each to the Municipal Clerk, Municipal Engineer,
Construction Engineer, Tax Assessor and County Planning Board. If
classified and approved as a minor subdivision, no further approval,
except County Planning Board approval when legally required, shall
be required.
D.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval, unless within such period a plan in conformity
with such approval and the provisions of the Map Filing Law, Chapter
141 of the Laws of 1960 (N.J.S.A. 46:23.9.9 et seq.), or a deed clearly
describing the approved minor subdivision is filed by the developer
with the county recording officer, the Municipal Engineer and the
County Tax Assessor. Any such plan or deed accepted for filing shall
have been signed by the Chairman and Secretary of the Planning Board.
E.
If the sketch map is classified as a major subdivision, a notation to that effect shall be made on the map, which will be returned to the subdivider for compliance with the procedure in §§ 290-7 and 290-8 of this article.[1]
[1]
Editor's Note: Original Subsection F, pertaining to the
application fee for a minor subdivision and which followed this subsection,
was repealed 9-5-2006.
A.
At least six black-on-white prints of the preliminary plan, together with 15 completed application forms for preliminary approval, shall be submitted to the Secretary of the Planning Board at least two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, an application fee as set by Chapter 200, § 200-26, shall be paid to the Borough of Swedesboro to cover the professional costs in reviewing the application and the plan and for the costs of publishing notice. In addition to the foregoing application fee, the applicant shall deposit with the Municipal Treasurer a sum of money which the Municipal Treasurer shall in turn deposit in a separate escrow account and carry under the municipality's trust fund section of accounts on the books of the municipality. The Municipal Treasurer shall use said escrow funds to pay the fees and costs of any professional personnel employed to process, review and make recommendations on the preliminary plan, and the Treasurer shall make said disbursements in accordance with the usual voucher system employed by the municipality. Said escrow fund shall be separate from and in addition to the aforementioned application fee as set by Chapter 200, § 200-26. The amount of such escrow fund deposit by the applicant shall be computed as set forth in Chapter 140, Fees.
B.
The applicant shall notify, by registered mail or certified mail,
at least 10 days prior to the hearing, all property owners within
200 feet of the extreme limits of the subdivision as their names appear
on the municipal tax record. Said notice shall state the date, time
and place of the hearing, the nature of matters to be considered,
the identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current Municipal Tax Map and the location and times at which
any maps or documents by which approval is sought are available for
public inspection. The applicant shall also cause notice of the hearing
to be published in the official newspaper or a newspaper of general
circulation in the municipality at least 10 days prior to the hearing.[2]
C.
If the application for subdivision is found to be incomplete, the
developers shall be notified thereof within 45 days of submission
of such application, or otherwise it shall be deemed to be properly
submitted.
D.
E.
Upon the submission to the Planning Board of a complete application
for a subdivision of 10 or fewer lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval to the subdivision.
F.
In all cases where the County Planning Board has approval authority
pursuant to N.J.S.A. 40:27-6.1 et seq., any action by the local Board
shall be conditioned on timely receipt of a favorable report on the
application by the County Planning Board or approval by the County
Planning Board by its failure to report thereon within the required
time period. If the County Planning Board has approved the application,
its action shall be noted on the plan and if disapproved, one copy
of the reasons for disapproval shall be returned to the developer
with the plan. If either the local Board or County Planning Board
disapproves a plan, the reasons for disapproval shall be remedied
prior to further consideration.
G.
If the Planning Board acts favorably on a preliminary plan, the Chairman
of the local Board shall affix his signature to the plan, with the
notation that it has received preliminary approval, and return it
to the subdivider for compliance with final approval.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of preliminary approval:
A.
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; and yard dimensions, except that nothing herein shall be
construed to prevent the municipality from modifying, by ordinance,
such general terms and conditions of preliminary approval as relate
to public health and safety.
B.
That the applicant may submit for final approval on or before the
expiration of preliminary approval the whole or a section or sections
of the preliminary subdivision plan.
A.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinances for final approval,
the conditions of preliminary approval and, in the case of a major
subdivision, the standards prescribed by the Map Filing Law (N.J.S.A.
46:23-9.9 et seq.).
B.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required and shall
be so accepted by the county recording officer for purposes of filing
subdivision plans.
Before consideration of a final subdivision plan, the subdivider will have installed the improvements required under Article VII, or the Planning Board shall require the posting of adequate performance guaranties to assure the installation or maintenance of the required improvements, but, notwithstanding the posting of performance guaranties, no building permit shall be issued until the subdivider shall have installed the road subbase, road base and curbs, in accordance with specifications and as certified by the Borough Engineer, and the underground utilities, such as sewer, water, gas, storm drainage lines, electric lines, telephone lines and all other underground work, shall have been duly and properly installed, and no occupancy permit shall be issued until a finished road base has been installed pursuant to specifications and all other improvements and conditions as may be required by the Planning Board, this chapter and building codes[1] have been properly complied with and approved. All such
improvements shall be certified in writing by the Borough Engineer,
Borough Building Inspector or other designated administrative officer
prior to the issuance of such certificate of occupancy.
[Amended 9-5-2006[1]]
The original tracing, six black-on-white prints and 15 copies of the application form for final approval shall be submitted to the Secretary of the Planning Board, at least 10 days prior to the date of a regular Planning Board meeting. Unless the preliminary plan is approved without changes, the final plan shall have incorporated all changes or modifications required by the Planning Board. At the time of submission of the final plan, the applicant shall pay a final plan application fee as set forth in Chapter 140, Fees. In addition, he shall deposit a further sum of money with the Municipal Treasurer to be held in the escrow account established pursuant to Article V, § 290-7A, hereof or, if no escrow account has been established, in an escrow account to be established in accordance with the provisions of Article V, § 290-7A, hereof. The amount of money so deposited at this time, exclusive of prior deposits and fees, shall be as set forth in Chapter 140, Fees, and the escrow funds shall be used to pay the fees of professional personnel employed to process, review and make recommendations on the final plan and to inspect and approve the construction of all required improvements. In the event that the amount of escrow fund at time of submission of the final plan is in excess of $10,000, however, no additional deposit shall be required. Any excess of funds in the escrow account at the time of final acceptance of the improvement shall be forthwith returned to the applicant. If at any time it becomes evident that the escrow funds are or will be insufficient to cover the fees, the applicant shall increase the fund as required by the Planning Board.
A.
A corporation or partnership applying to the Planning Board for permission
to subdivide a parcel of land into six or more lots or applying for
a variance to construct a multiple dwelling of 25 or more family units
or for approval of a site to be used for commercial purposes shall
list the names and addresses of all stockholders or individual partners
owning at least 10% of its stock of any class or at least 10% of the
interest in the partnership, as the case may be.
B.
If a corporation or partnership owns 10% or more of the stock of
a corporation or 10% or greater interest in a partnership, subject
to disclosure pursuant to this section, that corporation or partnership
shall list the names and addresses of its stockholders holding 10%
or more of its stock or of 10% or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership until the names
and addresses of the noncorporate stockholders and individual partners
equaling or exceeding the ten-percent ownership criterion established
in this section have been listed.
