Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford 12-1-1980 by Ord. No. 252-80. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 65.
Uniform construction codes — See Ch. 74.
Driveways — See Ch. 80.
Off-tract improvements — See Ch. 134.
Sewers and sewage disposal — See Ch. 156.
Soil erosion and sediment control — See Ch. 162.
Stormwater management — See Ch. 166.
Streets and sidewalks — See Ch. 168.
Zoning — See Ch. 190.

§ 170-1 Title.

This chapter shall be known and cited as the "Land Subdivision Ordinance of Milford Borough, Hunterdon County, New Jersey."

§ 170-2 Purpose.

The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivisions in Milford Borough in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.

§ 170-3 Administration.

In accordance with Section 28 of Chapter 291 of the Laws of 1975, as amended,[1] the provisions of this chapter shall be administered by the Milford Borough Joint Land Use Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-37.

§ 170-4 Word usage; definitions.

[Amended 3-2-1987 by Ord. No. 401-87]
A. 
Any word or term not defined herein is used with a meaning of standard usage.
B. 
To the extent that the definitions herein are inconsistent with the definitions set forth in the Municipal Land Use Law of 1975, and any amendments thereto,[1] the definitions set forth in said Land Use Law shall supersede the definitions in this chapter.[2]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
As used in this chapter, the following terms shall have the meanings indicated:
ADVERSE EFFECT
Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or adjacent property, such as improper circulation and drainage rights-of-way, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
AGRICULTURAL PURPOSES
The use of land solely for the growing and harvesting of crops and/or the raising and breeding of animals.
(1) 
An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to a site plan or subdivision plat meeting all the criteria set forth in §§ 170-12 through 170-14 of this chapter. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the Clerk of the Joint Land Use Board for purposes of the commencement of the time period for action by the municipal agency.
(2) 
In the event that the Clerk does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the Clerk has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or another person having an enforceable proprietary interest in such land.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with applicable state, local and federal laws and regulations.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey of 1975, and any amendments thereto.[3]
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law.[4], [5]
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than 10% of the total performance guaranty in cash.
PLAT
A map or maps of a subdivision or site plan.
(1) 
The map of a subdivision meeting all of the requirements of §§ 170-12 through 170-14 of this chapter.
(2) 
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Joint Land Use Board for Joint Land Use Board classification, consideration and tentative approval and meeting the requirements of §§ 170-12 through 170-14 of this chapter.
(3) 
The final map of all or a portion of the subdivision which is presented to the Joint Land Use Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by the Municipal Land Use Law[6] or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Joint Land Use Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise the pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.[7]
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation or trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another with the written consent of the owner according to the provisions of this chapter.
SUBDIVISION
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. The following shall not be considered subdivisions within the meaning of the Municipal Land Use Law[8] if no new streets are created: division of land found by the Joint Land Use Board or Subdivision Committee thereof appointed by the Chair to be for agricultural purposes, where all resulting parcels are five acres or larger in size; division of property by testamentary or intestate provision; division of property upon court order, including but not limited to a judgment of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."[9]
(1) 
A subdivision of land which does not involve the creation of more than two lots per twelve-month period and a remainder and does not involve a planned development or any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
(2) 
Any subdivision not classified as a minor subdivision.
WATERCOURSE
A natural waterway draining more than 10 acres of land.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-28.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[8]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 170-5 Submission of subdivision plats.

Any owner of land within Milford Borough shall, prior to subdividing or resubdividing lands as defined in this chapter, submit to the Clerk of the Joint Land Use Board, at least two weeks prior to the regular public meeting of the Board, at least nine copies of the plat of the proposed subdivision for the purpose of classification and preliminary discussion, such fees as may be required by the county or Borough (see § 170-25) and, if the proposed subdivision abuts a county road, a deed of easement for rights-of-way conforming to the standards set forth in the Hunterdon County Subdivision Resolution, unless waived by the Joint Land Use Board at the time of submission, in which case the Board shall advise the applicant of the time and date for submission of the deed of easement.

§ 170-6 Checklists of application requirements.

[Added 8-2-1993 by Ord. No. 577-93]
An application shall not be considered complete until all the material and information specified below has been submitted, unless, upon receipt of written request from the applicant, a specific requirement is waived by the Milford Borough Joint Land Use Board.[1]
[1]
Editor's Note: The checklists which immediately followed this section were as follows: Schedule A, Checklist for Single-Family Residential Variance/Plat Plan; Schedule B, Checklist for Site Plan; Schedule C, Checklist for Sketch Plat/Minor Subdivision; Schedule D, Checklist for Preliminary Major Subdivision; and Schedule E, Checklist for Final Major Subdivision. Said checklists are on file in the office of the Borough Clerk and available for inspection during regular office hours.

§ 170-7 Minor subdivisions.

A. 
Upon receipt of plats by the Clerk of the Joint Land Use Board, one copy shall be forwarded to the Borough Engineer for review and report advising the Board that the plat does or does not comply with the requirements of this chapter. Said report shall be made to the Board within two weeks of the date of receipt of the plat by the Borough Engineer. If the application is for a minor subdivision and the plat is so classified and the plat is determined by the Joint Land Use Board to be a subdivision which will not create, impose, aggravate or lead to the possibility of an adverse effect upon either the original property being subdivided or upon any adjacent properties, the application shall be marked "minor subdivision" and shall be processed for approval.
B. 
Any subdivision determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the original property being subdivided or upon any adjacent properties may be required to be revised by the subdivider to remove such adverse effect(s) prior to further review, classification or approval by the Board, or where the remaining portion of the original tract is of sufficient size to be subdivided further, the subdivider may be required by the Joint Land Use Board to submit a sketch plat of the entire remaining portion of the tract to indicate the feasible plan whereby the applied for subdivision, together with subsequent subdivision(s), will not create, impose, aggravate or lead to any such adverse effect upon the subject parcel or adjoining or remaining lands.
C. 
Whenever a plat of a subdivision is submitted for review which fronts on an existing street, three copies of deeds of dedication shall be offered to the Borough and shall be included in the application to provide sufficient rights-of-way where the existing street right-of-way is less than the minimum requirements shown on the adopted Master Plan, unless, at the time of submission, the Joint Land Use Board waives the requirement of the submission of said deeds of dedication, in which event the Board shall advise the applicant of the time and date for submission of said deeds of dedication.
D. 
Where Hunterdon County Planning Board approval is required, the Joint Land Use Board shall not approve a minor subdivision until a report has been received, in writing, from the County Planning Board within 30 days after its receipt of the plat. If, within 30 days after receiving said sketch plat, the County Planning Board does not return any comments to the Joint Land Use Board, said sketch plat shall be deemed to have been approved by it, unless, by mutual agreement between the Joint Land Use Board, the County Planning Board and the applicant, the thirty-day period shall be extended for an additional thirty-day period, and any such extension shall so extend the time within which the Joint Land Use Board shall be required by law to act. Conditional approval pending county review or the elapse of the thirty-day time period may be granted by the Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
The Joint Land Use Board shall act on the plat within 45 days of the date the application is certified by the Clerk of the Joint Land Use Board to be complete, unless the application shall be considered under the provisions of N.J.S.A. 40:55D-48, or in such additional time period as may be mutually agreed to by both the Joint Land Use Board and the applicant.
F. 
If processed as a minor subdivision and approved by the unanimous action of the Joint Land Use Board, a notation to that effect shall be made on the master copy and all prints of the plat and on any deed or proposed deed and shall be signed by the Chair and Secretary of the Joint Land Use Board or the Acting Chair or Acting Secretary in their absence, and two copies shall be returned to the subdivider.
G. 
Approval of a minor subdivision shall expire 190 days from the date of municipal approval, unless, within such period, a plat in conformity with such approval and the provisions of N.J.S.A. 46:26B-1 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 Municipal Tax Assessor. Any such plot or deed accepted for such filing shall have been signed by the Chair and Secretary of the Joint Land Use Board.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 170-8 Major subdivisions.

[Amended 3-2-1987 by Ord. No. 401-87]
A. 
If application is made for a major subdivision or the application is so classified, the applicant shall submit, together with the application, nine prints of the plat at least two weeks prior to the meeting at which the applicant wishes first consideration.
B. 
Copies of the preliminary plat shall be forwarded immediately by the Clerk of the Joint Land Use Board to the following persons or agencies, who shall be requested to file preliminary reports with the Board within two weeks thereof, advising the Joint Land Use Board whether or not, in his opinion, the preliminary plat is complete as defined herein. Upon receipt of these reports, the Joint Land Use Board shall review the same, together with the application and plats, and shall determine whether or not the application is complete.
(1) 
Borough Engineer.
(2) 
Secretary of the Hunterdon County Division of Public Health Services.
(3) 
Construction Official.
(4) 
Such other municipal, county or state officials as may be directed by the Joint Land Use Board.
C. 
If the application for development is found to be incomplete, the developer shall be notified, in writing, of the deficiencies therein by the Clerk of the Board or the Milford Borough Joint Land Use Board's Engineer within 45 days of submission of such application, or it shall be deemed to be properly submitted.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the Joint Land Use Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Joint Land Use 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 Joint Land Use Board shall be deemed to have granted preliminary approval to the subdivision.
E. 
Each application for subdivision approval, where required pursuant to Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), shall be submitted by the applicant to the County Planning Board for review or approval, and the Milford Borough Joint Land Use Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board. If the County Planning Board fails to report within 30 days after its receipt of a subdivision application, said application shall be deemed to have been approved by the County Planning Board. Upon mutual agreement between the county and Milford Borough Joint Land Use Board, with the approval of the applicant, the thirty-day period may be extended for an additional thirty-day period.
F. 
Decisions and resolutions pursuant to this section shall be memorialized, in writing, in accordance with the provisions of N.J.S.A. 40:55D-10g.
G. 
If the plat is deemed incomplete, it may be resubmitted without the payment of any additional fees upon the correction of the indicated deficiencies.
H. 
Upon certification of the application as complete, the Board shall, unless otherwise agreed to by the applicant and the Board, schedule a public hearing for preliminary plat approval.
(1) 
The Joint Land Use Board shall set the date for the public hearing. No public hearing shall be had, however, on any preliminary plat until the Joint Land Use Board receives a report, in writing, from those to whom copies of the plat had been forwarded. If, within 30 days after receiving the preliminary plat, the County Planning Board or any other agency or individual to whom the preliminary plat was forwarded does not return the comments to the Borough Joint Land Use Board, the preliminary plat shall be deemed to have been approved by it, unless by mutual agreement between the Joint Land Use Board, County Planning Board or other municipal, county or state agent or agency and the applicant the thirty-day period shall be extended for an additional thirty-day period, and any such extension shall so extend the time within which the Borough Joint Land Use Board shall be required by law to act.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
The subdivider, at his expense, shall notify by 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 records. Said notice shall state the time and place of the hearing, a brief description of the subdivision and that a copy of said subdivision has been filed with the Municipal Clerk for public inspection. The subdivider, at his expense, shall also cause notice of the hearing to be published once in the official newspaper or a newspaper of general circulation of the municipality at least 10 days prior to the hearing. Upon the request of the Chair of the Joint Land Use Board, the subdivider shall furnish adequate proof of his compliance with this subsection. If the preliminary plat lies within 200 feet of another municipal boundary or abuts a state highway or county road, a copy of the plat and a notice of the hearing shall be sent by the subdivider to the clerk of the adjoining community or to the Commissioner of Transportation in the case of a state highway or the Hunterdon County Department of Public Works in the case of a county road, all such notices to be sent by registered or certified mail at least 10 days prior to the hearing. Said notice shall contain a brief description of the property involved, its location and a concise statement of the matters to be heard. Any communications received prior to this date of hearing will be considered in relation to the approval or disapproval of the plat.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(3) 
If the Joint Land Use Board requires or if the subdivider voluntarily provides any substantial change in layout, the subdivider shall submit an amended plat, which shall be proceeded upon as in the original submission, without the payment of any additional fees. If the Board requests minor revisions or if the subdivider voluntarily makes minor revisions, no additional public hearing shall be required.
I. 
If the Joint Land Use Board acts favorably on the preliminary plat, the Chair and the Secretary of the Joint Land Use Board or the Acting Chair and Acting Secretary in their absence shall sign the plat with the notation that it has approved the plat and the date of such approval and return it to the subdivider for compliance with final approval requirements.
J. 
If the Joint Land Use Board, after consideration and discussion and a public hearing thereon, resolves to deny the application, a notation shall be made by the Chair of the Joint Land Use Board to that effect on the plat, and a formal written resolution shall be adopted setting forth the reasons for such rejection.
K. 
When a preliminary plat is submitted for a portion of an existing tract and substantial lands are to remain undeveloped, the applicant shall inform the Joint Land Use Board of his intentions for said lands to help ensure orderly and compatible future development.
L. 
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval, except as provided in § 170-10 herein:
(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 off-tract improvements, 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.
(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.
(3) 
That the applicant may apply for or the Joint Land Use 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.

§ 170-9 Improvements or guaranties.

Before consideration of a final subdivision plat, the subdivider will have installed the required improvements and posted any required maintenance guaranties in accordance with § 170-15 and any improvements or performance guaranties as may be required by the County Planning Board, except that any moneys or guaranties required by the county shall not duplicate bonds or other guaranties required by the Borough.

§ 170-10 Submission of final plat of major subdivisions.

A. 
The final plat shall be submitted to the Clerk of the Joint Land Use Board for final approval within three years of the date of preliminary approval. The Joint Land Use Board shall act upon the final plat within 45 days after complete submission for final approval or within such further time as may be consented to by the developer.
B. 
The original tracing, one translucent tracing cloth copy, one cloth print and seven black-and-white prints shall be submitted to the Clerk of the Joint Land Use Board at least five days prior to the date of the regular Joint Land Use Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by both the Borough Joint Land Use Board and County Planning Board.
C. 
The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevations, identifying those portions already installed and those to be installed and that:
(1) 
The developer has installed all improvements in accordance with the requirements of Borough and county regulations or a performance guaranty has been posted with the Borough of Milford or the County of Hunterdon, if required by the County Engineer, in sufficient amount to insure the completion of all required improvements.
(2) 
The amount of such bond(s) shall be based upon the municipal and, if required, the County Engineer's estimate of cost.
D. 
Pursuant to N.J.S.A. 40:27-6.3, three legible prints of the final plat shall be forwarded by the Clerk of the Joint Land Use Board to the County Planning Board for its action prior to final approval by the Borough Joint Land Use Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
If the Joint Land Use Board approves a final plat, a notation to that effect shall be made on each plat and shall be signed by the Chair and the Secretary of the Joint Land Use Board, or Acting Chair and Acting Secretary in their absence. If the Board disapproves the plat, the findings and reasons for such action shall be stated in the records of the Board, and the applicant shall be given a copy.
F. 
Failure of the Joint Land Use Board to act within the allotted time shall be deemed to be favorable approval, and the Joint Land Use Board Secretary shall issue a certificate to that effect.
G. 
Upon final approval, copies of the final plat shall be filed by the Clerk of the Joint Land Use Board with the following:
(1) 
Borough Engineer.
(2) 
Construction Official.
(3) 
Tax Assessor.
(4) 
County Planning Board.
H. 
The final plat, after final approval by the Joint Land Use Board, shall be filed by the subdivider with the Hunterdon County Clerk's office within 95 days of the date of such approval. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat by the Chair and the Secretary of the Joint Land Use Board or a certificate of subdivision approval has been issued. The signatures of the Chair and Secretary of the Joint Land Use Board shall not be affixed until the developer has posted the guarantees required by N.J.S.A. 40:55D-53. If the Hunterdon County Clerk records any plat without such approval, such recording shall be deemed null and void, and, upon the request of the municipality, the plat shall be expunged from the official records. The Joint Land Use Board may, for good cause shown, extend the period for recording for an additional period not to extend 190 days from the date of signing the plat.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
I. 
The subdivider of any proposed subdivision requiring county approval in accordance with N.J.S.A. 40:27-6.3 and 40:27-6.6 shall present the required final plats certified as approved by the Borough Joint Land Use Board to the County Planning Board office for signed approval. The plat shall be signed by the County Planning Director and the County Engineer or their designated representatives.
J. 
No plat shall be accepted for filing by the County Recording Officer unless it bears the notation "Approved by the Milford Borough Joint Land Use Board" and is signed by the Chair and Secretary of the Joint Land Use Board.

§ 170-11 Judicial review.

If any person shall be aggrieved by any action of the Joint Land Use Board, such person may institute such judicial review as provided by law.

§ 170-12 Sketch plat.

The sketch plat shall be prepared by a land surveyor or engineer licensed by the State of New Jersey based on Tax Map information or some other similarly accurate base at a scale not more than 200 feet to the inch on one of four standard sizes, namely, 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches, to enable the entire tract to be shown on one sheet, and shall show or include the following information:
A. 
The location of that portion which is to be subdivided in relation to the entire tract.
B. 
All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.
C. 
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
D. 
The Tax Map sheet and block and lot numbers.
E. 
All existing and proposed streets and roads and streams within 500 feet of the subdivision, with rights-of-way indicated and topographical features, such as cliffs and swamps.
F. 
All proposed lot lines and existing lot lines proposed to be eliminated.
G. 
The location and size of all drainage structures and drainage ditches, streams and brooks and the direction of flow of such streams or brooks in the area to be subdivided or within 500 feet of the subdivision.
H. 
Proposed drainage facilities.
I. 
The location and width of all existing and proposed utility easements in the area to be subdivided.
J. 
Zoning district boundaries affecting the tract.
K. 
North arrow.
L. 
The scale of the plat and the date of latest revisions.
M. 
The acreage of the entire tract and the area being subdivided.
N. 
Engineering observations regarding drainage conditions which may affect county and/or Borough facilities.
O. 
Contours as shown on the United States Geological Survey topographic sheets.
P. 
The number of new lots created.
Q. 
The name and address of the owner, subdivider and person preparing the plat.
R. 
A key map showing the entire subdivision and its relation to the surrounding areas at a scale of one inch equals not more than 2,000 feet.
S. 
For a minor subdivision abutting a county road, the plat should be accompanied by a deed or easement for county road purposes in conformance with the applied right-of-way standards for county roads established in the adopted County Master Plan or Official County Map.

§ 170-13 Preliminary plat.

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a land surveyor licensed in the State of New Jersey. All other engineering detail computations or design data and specifications shall be prepared by a licensed New Jersey professional engineer. The plat shall be designed in compliance with the provisions of § 170-15 of this chapter and shall show or be accompanied by the following information:
A. 
A key map showing the entire subdivision and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.
B. 
The tract name, Tax Map sheet, block and lot number, date of latest revision, reference meridian, graphic scale and the following names and addresses:
(1) 
The record owner or owners.
(2) 
The subdivider.
(3) 
The person who prepared map.
(4) 
The owners, as they appear on the municipal tax records, of adjoining property and property directly across the street or streets from the property involved.
C. 
The acreage of the tract to be subdivided to the nearest tenth of an acre and the number of new lots to be created.
D. 
Any development names previously associated with the application.
E. 
The location of existing and proposed property lines, building setback lines from the streets, existing buildings and structures with an indication whether they will be retained or removed and the location and extent of wooded areas.
F. 
The locations, names, paved widths and right-of-way widths of all existing and proposed streets and/or easements and other rights-of-way.
G. 
The location of existing and/or proposed monuments to establish county road right-of-way, tied into the New Jersey grid coordinate system, where feasible, and the coordinates for the monuments shall be shown on the plat. New monuments shall be the size and shape required by N.J.S.A. 46:26B-3 and shall be placed in accordance with said statute.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
H. 
Contours at five-foot intervals wherever the average slope is 10% or greater, at two-foot intervals wherever the average slope is less than 10% but more than 2%, and at one-foot intervals wherever the average slope is 2% or less. All contour lines shall be referenced to the New Jersey Geodetic Control Survey Datum.
I. 
Identification of land to be dedicated or reserved for public use.
J. 
The proposed location and proposed species of trees to be planted within the right-of-way of an abutting county road or roads.
K. 
All existing watercourses, which shall be accompanied by the following data:
(1) 
When a brook or stream is proposed for alteration, improvement or relocation or when a drainage structure is proposed on a running stream with a drainage area of 1/2 square mile or greater, evidence of submission of the improvement to the New Jersey Department of Environmental Protection (NJDEP) shall accompany the subdivision.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
Cross sections of watercourses at an appropriate scale, showing the extent of the floodplain as defined by the current floodplain information report on file in the offices of the County Planning Board or County Engineer, top of bank, normal water level and bottom elevations of the following locations:
(a) 
At any point where a watercourse crosses a boundary of the subdivision.
(b) 
At fifty-foot intervals for a distance of 300 feet upstream and downstream of any existing or proposed culvert or bridge within or adjacent to the subdivision.
(c) 
Immediately upstream and downstream of any point of juncture of two or more watercourses.
(d) 
At fifty-foot intervals along all watercourses which run through or adjacent to the subdivision.
(3) 
When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation as well as typical ditch sections and profiles shall be shown on the plan or accompany it.
(4) 
The boundaries of the floodplains of all watercourses within the subdivision and/or in the vicinity of the subdivision if they might create adverse effects on drainage conditions.
(5) 
A profile of a streambed 300 feet upstream and downstream from property limits of development.
(6) 
The total drainage basin acreage to the nearest downstream drainage structure and the acreage in the subdivision which drains to the structure.
(7) 
The location and extent (to include metes and bounds) of drainage and conservation easements and stream encroachment lines.
(8) 
The location, extent and water-level elevation, referenced to the New Jersey Geodetic Control Survey Datum, of all existing or proposed lakes or ponds within or adjacent to the subdivision.
(9) 
The total acreage in the drainage basin of any watercourse running through or adjacent to a subdivision in the area upstream of the subdivision.
L. 
The preliminary plat shall be accompanied by plans and computations for any storm drainage system, including the following:
(1) 
All existing or proposed storm sewer lines within or adjacent to the subdivision, showing size and profile of lines, direction of flow and the location of each manhole and inlet and the terminus or connection to an existing storm drainage system.
(2) 
The location and extent of any proposed dry wells, groundwater recharge basins, retention basins or other water conservation devices within the subdivision.
(3) 
A plan showing the drainage area which contributes to each inlet.
M. 
The preliminary plat shall be accompanied by plans showing the following, whether existing or proposed:
(1) 
Sanitary sewage facilities serving the subdivision, including the location, size and slope of all sanitary sewer lines, pumping stations and connections to existing facilities.
(2) 
The location of any proposed sanitary sewage treatment plant.
(3) 
A calculation showing the adequacy of this system to become regional in nature.
(4) 
Certification from the agency operating the existing facilities that there is sufficient capacity to accommodate the proposed subdivision. When a public sewage disposal system is not available, the developer shall have percolation tests made of the type and frequency and at the locations required by the Joint Land Use Board at the time of submission of the sketch plat, and any additional tests as may be required by the Borough Engineer, and submit the results with the preliminary plat; percolation and soil boring locations shall appear on the plat. Where public sewage disposal systems are available, hookup locations shall be shown on the plat, and the locations shall comply with the Borough Sewage Service Ordinance.[3] Any subdivision or part thereof which does not meet the established requirements of this chapter or other applicable regulations shall not be approved.
[3]
Editor's Note: See Ch. 156, Sewers and Sewage Disposal.
(5) 
The location and size of all water mains.
(6) 
The location of any other underground utilities, such as but not limited to gas and electricity.
N. 
The preliminary plat shall be accompanied by a plan for the control of erosion and sedimentation in accordance with Chapter 162, Soil Erosion and Sediment Control, of the Borough Code.
O. 
The preliminary plat shall be accompanied by profiles and cross sections of proposed streets within the subdivision, of existing streets and highways abutting the subdivision and any proposed connection of a street or road with an existing county or Borough road, showing traffic control devices and geometric design of the intersection to provide for widening of the road. The typical cross sections of streets shall clearly indicate type, width and depth of pavement and location of curb, location of sidewalks and shade tree planting strips. At intersections, any existing or proposed sight easement and the radius of curblines shall be clearly indicated.
P. 
Preliminary plans and specifications shall be shown for all proposed culverts and bridges which may come under county jurisdiction and/or improvements to existing county culverts or bridges.
Q. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
R. 
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 Joint Land Use Board approval that the improvements outside the subdivision are installed and will be available to the subdivider.

§ 170-14 Final plat. [1]

The final plat shall be drawn in ink, on tracing cloth, at a scale not less than one inch equals 50 feet and in compliance with N.J.S.A. 46:26B-1 et seq., and shall incorporate all municipal and county requirements shown on the approved preliminary plat. In addition to the information required on the preliminary plat, the following shall be required:
A. 
The purpose of any easement or land reserved or dedicated to the public use shall be designated, and the proposed use of sites other than residential shall be noted.
B. 
As assigned by the Borough Tax Assessor, each block shall be numbered, and lots within each block shall be numbered consecutively.
C. 
The names of owners of adjoining unsubdivided land.
D. 
Certification that the applicant is the agent or owner of the land or that the owner has given consent under the option agreement.
E. 
When any permits or approval of a plan by any officer or body of the Borough, county or state are required, including but not limited to the Municipal Engineer, the County Engineer or the New Jersey Department of Environmental Protection (NJDEP), approval shall be certified on the plat, and copies of required permits shall be submitted with the plat.
F. 
Locations of all existing monuments.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 170-15 Improvements required.

[Amended 12-4-1988 by Ord. No. 528-89]
A. 
No final plat shall be recommended for approval by the Joint Land Use Board until all improvements required in this section or any other improvements as may be required by the Joint Land Use Board in the public interest have been completely and satisfactorily installed and have been inspected, certified and approved by the Borough Engineer in accordance with the requirements of § 170-16H. The general exception would be the laying of the wearing course for the roads. This is to be laid at some subsequent time as determined by the Milford Borough Council and the Borough Engineer for the purpose of avoiding damage to the final road surface during construction. Any improvements not installed prior to final plat approval shall be estimated by the Borough Engineer, and a cash performance guaranty in that amount shall be posted with the Borough and as limited by the definition of "performance guaranty" in § 170-4.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
For purposes of this section, any improvement required by Chapter 134, Off-Tract Improvements, shall be deemed required by the Joint Land Use Board.

§ 170-16 Performance guaranties. [1]

The subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following, except as permitted by the New Jersey Residential Site Improvement Standards:
A. 
Streets, curbs and gutters shall be constructed in accordance with Borough standards.
B. 
Individual sewage disposal units shall be constructed in accordance with the provisions of applicable Borough ordinances.
C. 
Culverts, storm sewers, water mains and sanitary sewers. All such installations shall be properly connected with an existing system where available or to an approved system and shall be adequate to handle all present and probable future development. When determined by the Borough to be necessary, retention provisions may be required to control stormwater runoff.
D. 
Monuments shall be of the size and shape required in N.J.S.A. 46:26B-3 and shall be placed in accordance with said statute.
E. 
Sidewalks. Unless waived by the Joint Land Use Board, four-foot-wide completed sidewalks located within and along the extreme edges of the road right-of-way shall be constructed by the subdivider of concrete, bituminous or other permanent-type asphalt material which shall be approved by the Borough Engineer.
F. 
Topsoil protection. No topsoil shall be removed from the site or used as spoil without the permission of the Joint Land Use Board of the Borough of Milford. Topsoil moved during the course of construction shall be redistributed so as to provide six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
G. 
Street name signs and traffic control devices. Street name signs and traffic control devices shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type and placed in such locations as set forth in the Manual on Uniform Traffic Control Devices.
H. 
All of the above-listed improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least 48 hours prior to the start of construction. No underground installation shall be covered until inspected and approved by the Borough Engineer.
I. 
Landscaping. Nursery or nursery-type shade trees shall be provided and planted to ensure a minimum of eight trees per acre of lot area. All shade trees shall have a minimum caliper of 1 1/2 inches and shall be of a species approved by the Board. Stripping trees from a lot or filling around trees on a lot shall not be permitted, unless it can be shown that grading or construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Special attention shall be directed toward the preservation of major trees by professional means.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 170-17 Filing of performance guaranty.

A. 
To the extent permitted in § 170-15, the performance guaranty shall be filed with the Borough by the subdivision owner in the form of a cash bond approved by the Borough Attorney, in an amount sufficient to cover the cost of all improvements or uncompleted portions thereof, as estimated by the Borough Engineer, and assuring the installation of such incomplete improvements on or before an agreed date.
B. 
The performance guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the governing body, but in no case for a term of more than three years; however, with the consent of the owner, the governing body may, by resolution, extend the terms of such performance guaranty for an additional period not to exceed three years.
C. 
The amount of the performance guaranty may be reduced by the governing body, by resolution, when portions of the required improvements have been installed and approved by the Borough Engineer. The proportional amount of the performance guaranty may then be returned to the subdivider.
D. 
When only a portion of a major subdivision has been presented for final approval and such major subdivision includes a through street, there shall be included in the performance guaranty for that portion seeking final approval sufficient funds to either construct a cul-de-sac as shown on the final plat or complete the street throughout the entire major subdivision.

§ 170-18 Filing of maintenance guaranty.

The maintenance guaranty shall be filed by the subdivision owner with the Borough in an amount equal to not more than 15% of the original estimate of the cost of installing the improvements enumerated in § 170-16, as well as any other improvements which may have been required by the Joint Land Use Board's part of preliminary plat approval, and shall run for a period of two years. The maintenance guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution. If the required maintenance has not been completed in accordance with the maintenance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the required maintenance, and, upon receipt of the proceeds thereby, the Borough shall carry out such maintenance as required.

§ 170-19 Standards for subdivisions adjoining county facilities.

A. 
Any subdivision which adjoins, includes or intersects county roads, county drainage structures or county drainage facilities shall be designed in accordance with the standards and requirements set forth by the Subdivision Resolution of the Hunterdon County Planning Board unless the Borough standards and regulations are more stringent than those laid down in the county standards.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
In addition, the subdivider shall secure any permits necessary for carrying out improvements in the subdivision from the appropriate municipal, county or state agencies and furnish copies of the permit to the County Engineer and Soil Conservation District when the subdivision plans are submitted for review.
C. 
No final plat shall be approved by the Joint Land Use Board if the subdivision adjoins, includes or intersects county roads, county drainage structures or county drainage facilities until the subdivider has submitted to the county a performance guaranty in a form approved by the County Engineer's office and in an amount determined by the County Engineer adequate to cover the cost of all required improvements.
D. 
The County Engineer shall inspect all completed improvements and certify that the improvements have been satisfactorily constructed in conformance with county standards and specifications. Failure to comply with any county requirements for improvements may result in forfeiture of performance bonds or other payment guaranties or other actions as outlined in the Subdivision Resolution of the Hunterdon County Planning Board.

§ 170-20 Design standards. [1]

The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof, except as may be permitted by the New Jersey Residential Site Improvement Standards:
A. 
General. The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map or Master Plan has or have been accepted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats.
B. 
Streets.
(1) 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
(2) 
Subdivisions abutting arterial streets shall provide a marginal access road or reverse frontage with a buffer strip of planting or some other means of separation of through and local traffic as the Joint Land Use Board may determine appropriate.
(3) 
The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:
(a) 
Arterial streets: 80 feet.
(b) 
Collector streets: 66 feet.
(c) 
Minor streets: 50 feet.
(d) 
Marginal access streets: 50 feet.
(e) 
The right-of-way width for internal roads in commercial and industrial development shall be determined on an individual basis and shall, in all cases, be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.
(4) 
No subdivision showing reverse strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips have been placed in the governing body under conditions approved by the Joint Land Use Board.
(5) 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
(6) 
Grades shall not exceed 12% nor be less than 1%.
(7) 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(8) 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
(9) 
Dead-end streets shall not be longer than 600 feet and shall provide a cul-de-sac turnaround at the end, having a right-of-way with a radius of not less than 85 feet and a minimum paved area with a radius of not less than 75 feet, and, whenever possible, the cul-de-sac shall be tangent to the right side of the street.
(10) 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
(11) 
Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further subdivision.
(12) 
Subdivisions affecting or involving county roads shall adhere to the design standards for such as set forth by the Hunterdon County Planning Board.
(13) 
Subdivisions shall be served by paved public streets, and all new streets shall be graded and provided with an all-weather base and pavement with an adequate crown and appropriately placed guardrails, all in keeping with the specifications and standards of the Borough. The paving width of streets, the quality of surfacing and base materials and the provision of drainage shall adhere to the minimum standards set forth by the Borough, County or State Engineers when said paving concerns roads under their jurisdiction. All required drainage and curbing, together with the base course of a street, must be completed adjacent to any lot on which a construction permit has been requested prior to the issuance of the construction permit.
(14) 
In areas of street intersections, shrubbery, signs, trees, etc., shall be restricted in height according to § 190-7G of Chapter 190, Zoning, or amendments thereto.
(15) 
Curves for horizontal street alignment shall be connected by a tangent of at least 100 feet in length.
C. 
Residential lots.
(1) 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(2) 
Each lot must front upon a street approved by the Joint Land Use Board.
(3) 
Lot dimensions and area shall adhere to the requirements of Chapter 190, Zoning. Where extra width has been dedicated for widening existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
(4) 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Joint Land Use Board may, after adequate investigation, withhold approval of such lots.
D. 
Blocks.
(1) 
The length of block or the distance between street intersections shall not be less than 600 feet nor more than 1,200 feet.
(2) 
For commercial, residential or industrial use, block size shall be sufficient to meet all area and yard requirements for use as such and provide for convenient access, circulation, control and safety of street traffic.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 170-21 Easements; public use areas.

A. 
In large-scale developments, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet wide and located in consultation with the companies or Borough or county departments concerned.
B. 
Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose. Any such easement must have a minimum width of 25 feet and, in the case of streams, must extend at least 15 feet past the top of the bank on either side.
C. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

§ 170-22 Landscaping. [1]

If a plat is without trees, the planting of trees and shrubs shall be as specified by the Joint Land Use Board, and such trees are to be located behind the street line so as not to interfere with utilities and shall be of a type common to the area.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 170-23 Subdivisions adjoining county facilities.

Any subdivision which adjoins, includes or intersects county roads, county drainage structures or county drainage facilities shall be designed in accordance with the standards and requirements set forth by the Subdivision Resolution of the Hunterdon County Planning Board unless the Borough standards and regulations are more stringent than those laid down in the county standards.

§ 170-24 Public water and sewerage.

If public water or sewerage is not available but is expected to be in the near future, the Borough Joint Land Use Board may require that provisions for future service be installed by the subdivider.

§ 170-25 Fees.

Upon the filing of an application with the Joint Land Use Board Clerk, the applicant shall pay to the Borough the appropriate fee as required by the Borough of Milford Fee Schedule Ordinance.[1]
[1]
Editor's Note: See Ch. 20, Land Use Fees.

§ 170-26 Violations and penalties.

A. 
If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Joint Land Use Board and governing body are required to act, such person shall be subject to a fine not to exceed $1,000, and each parcel, plot or lot so disposed of shall be deemed a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Civil action.
(1) 
In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a construction permit under the applicable provisions of Chapter 190, Zoning, the Borough may institute and maintain a civil action:
(a) 
For injunctive relief.
(b) 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(2) 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any.
(3) 
Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded. (See N.J.S.A. 40:55D-55.)

§ 170-27 Conditional approval; exceptions.

A. 
Grant of approval. The Joint Land Use Board may grant conditional approval of a subdivision requiring action, such as a variance, special exception or special permit. Such conditional approval shall be subject to all of the following requirements, limitations and conditions:
(1) 
A notation shall be made on the plat and also upon the deed if a deed has been submitted to the Joint Land Use Board that the approval is conditional and that no transfer of the land shall proceed unless and until the required variance, special exception or special permit, as the case may be, shall have been granted.
(2) 
Such conditional approval shall expire unless the subdivider shall file an application with the Joint Land Use Board for the required variance, special exception or special permit within 10 days following the granting of such conditional approval by the Joint Land Use Board. In any event, the conditional approval shall expire if the Joint Land Use Board should reject the relief applied for or, in the case of a variance requiring governing body approval to be effective, shall expire if the governing body shall disapprove such recommended variance.
B. 
Exception. In the administration of this chapter, no variance shall be granted from or exception taken to any requirement of Chapter 190, Zoning, or any requirement of this chapter which is regulated by any of the terms of Chapter 190, Zoning.

§ 170-28 Effect of provisions; exceptions; waivers.

A. 
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Milford, County of Hunterdon, State of New Jersey. Any action taken by the Joint Land Use Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to this land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Joint Land Use Board may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
B. 
Where the procedures to be followed for submission of plats and plat details required constitute a hardship for the applicant and have no bearing on a comprehensive review of the proposed subdivision and the proposed subdivision does not involve a county road or county drainage structures or facilities, such requirements may be waived at the discretion of the Joint Land Use Board.