A.
Application, filing and fee. An applicant for the subdivision of land, as defined in this chapter, shall submit to the Secretary of the Board an application on the appropriate form provided by the Board. The number and type of copies of the application form and map shall be as specified in the procedure manual for subdivisions, as prepared, approved and from time to time revised by the Planning Board. An application fee shall also be submitted, as required in § 212-18.
B.
Action by Technical Review Committee and County Planning
Board. The application shall first be considered by the Technical
Review Committee and also shall be submitted to the County Planning
Board for review under the land development standards of the county.
The Technical Review Committee shall consider and act upon the completeness
of the application before the next regular meeting of the Board following
the submission of the application.
[Amended 3-18-2008 by Ord. No. 08-11]
C.
Classification; approval. If the Technical Review
Committee shall classify the subdivision as a minor subdivision and
finds no cause for review by the entire Board or for unfavorable action
upon the subdivision, such finding shall be reported in writing to
the Board by the Committee. In such event, the Board is hereby empowered,
as provided for in N.J.S.A. 40:55D-47, to waive the requirements for
full notice and hearing, and thereupon such finding shall be deemed
to be favorable approval by the Board. No further approval shall be
required, and the plat shall be signed by the Chairman of the Board
and the Board Secretary and returned to the subdivider within 45 days
of the date of submission of a completed application.
[Amended 3-18-2008 by Ord. No. 08-11]
D.
Filing of plat; copies and prints.
(1)
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 the Map Filing
Law, the Laws of 1960, Chapter 141,[1] 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 plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
The developer shall furnish the Borough Engineering
Department with a sepia of the filed map, showing the date of filing
and the county filing information. The Engineering Department shall
then provide prints for the Municipal Assessor and the Secretary of
the Planning Board.
E.
Duration of requirements and conditions. The zoning
requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision approval is granted shall
not be changed for a period of two years after the date of minor subdivision
approval, provided that the approved minor subdivision shall have
been duly recorded as provided in this chapter.
A.
Preliminary plat.
(1)
Application, filing and fee. An applicant for the
subdivision of land, as defined in this chapter, shall submit to the
Secretary of the Board an application, on the appropriate form provided
by the Board, and the appropriate copies of a preliminary plat of
the proposed subdivision. The number and type of copies of the application
form and map shall be as specified in the procedure manual for subdivisions,
as prepared, approved and from time to time revised by the Planning
Board. An application fee shall also be submitted, as required herein.
(2)
Action by Technical Review Committee. The Technical
Review Committee shall consider each application filed at least seven
days prior to its regularly scheduled monthly meeting 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 Technical Review Committee shall certify the application
to the Secretary for public hearing to be held at the next regular
meeting of the Board. Upon receipt of such certification, the Secretary
shall notify the subdivider of the date of the public hearing. If
the TRC finds the application incomplete, the Planning Board Secretary
shall be notified, and the notification shall indicate the manner
in which the application is incomplete. The Planning Board Secretary
shall notify the applicant, in writing, of any finding of incompleteness
and said specific deficiencies of the application. The application
shall be deemed to be complete if a written notification of incompleteness,
as provided above, has not been sent to the applicant within 45 days
of the submission of the application to the Board. The applicant may
request that one or more of the submission requirements be waived,
in which event the Board shall grant or deny the request within 45
days from the first hearing date before the Board. 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.
[Amended 3-18-2008 by Ord. No. 08-11]
(3)
Revision; amendment.
(a)
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 Board may grant permission to revise
the preliminary plat.
(b)
The Board shall also have the discretion to
permit the applicant to submit an amended application in appropriate
instances.
(4)
Timing of Board action. The Board shall act to approve
or disapprove the plat with revisions, if any, in accordance with
the time provisions set forth in this chapter, as soon as it has been
certified that the application submitted is complete.
(5)
Approval notation. Where the Board acts favorably
on a preliminary plat, the Chairman and the Secretary of the Board
shall affix their signatures to the plat with a notation that it has
now received approval, and it shall be returned to the subdivider
for compliance with final approval requirements.
(6)
Effect. Approval of the preliminary plat shall constitute
approval of the subdivision as to form only, that is, as to the arrangement
and approximate dimensions of streets, lots and other planned features.
(7)
Rights of applicant. Preliminary approval shall confer
upon the applicant the following rights for a three-year period from
the date of approval:
B.
Procedures prior to application for final approval.
(1)
Installation of improvements. Before filing an application
for final approval, the subdivider shall install all improvements
and requirements set forth in the resolution of the Board granting
preliminary approval. Construction plans must first be submitted for
approval to the Borough Engineer, and provisions shall be made for
inspection by the Borough Engineer during construction and the certification
of construction. Before certifying approval of such plans and documents,
the Borough Engineer shall obtain necessary approval of all plans
for sewerage, water, sedimentation control, surface water management,
stream encroachment and all other approvals which may be required.
The Borough Engineer shall also obtain or provide estimated costs
of construction, as required for all performance or maintenance guaranties.
(2)
Performance guaranties. Performance guaranties shall
be a total amount sufficient to cover the cost of all required trees,
monuments, sidewalks and the top course of all street pavements. Such
performance guaranties shall be in the form of cash, a certified check
or a letter of credit from an approved banking institution; it also,
in isolated instances, may include a performance bond issued by a
bonding or surety company, but this selection is solely within the
discretion and to be approved by the governing body. If the governing
body elects to permit a performance bond, it shall contain the following
clause: "It is hereby understood and agreed that, in the event that
the principal shall default in the performance of its obligation under
this obligation, then the surety shall perform said principal's obligations
at the option of the obligee. All of the provisions of the subdivider's
contract are expressly included and covered by this obligation."
[Amended 4-15-1980 by Ord. No. 9-80; 5-18-1982 by Ord. No.
8-82]
(3)
Amount of performance guaranty. The performance guaranty
for the installation of those improvements required shall be in favor
of the Borough in an amount equal to 120% of the cost of such improvements.
At least 10% of the performance guaranty shall be in the form of cash
or a certified check made payable to the Borough.
[Amended 4-15-1980 by Ord. No. 9-80]
(a)
The performance guaranty shall run for a term
not to exceed 18 months from the date of final approval. With the
consent of the principal, the performance guaranty may be extended
by the governing body, after the recommendation by the Planning Board
by resolution, for an additional period not exceeding 18 months as
a condition or as part of any such extension; the amount of any performance
guaranty shall be increased or reduced, as the case may be, to an
amount not to exceed 120% of the cost of the installation as determined
as of the time of the resolution.
(b)
The Planning Board may, upon application by
the developer or subdivider, recommend to the governing body the reduction
of the amount of the performance guaranty upon certification, in writing,
by the Borough Engineer that certain portions of the required improvements
and conditions of the Board have been properly completed and upon
posting of proper guaranties and maintenance bonds and deposit moneys
adequate to insure the completion of the remaining improvements.
(4)
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
[Amended 4-15-1980 by Ord. No. 9-80]
(5)
Upon substantial completion of all required appurtenant
utility improvements and the connection of same to the public system,
the obligor may notify the governing body, in writing, by certified
mail addressed in care of the Borough Clerk, of the completion or
substantial completion of improvements and shall send a copy thereof
to the Borough Engineer. Thereupon, the Borough Engineer shall inspect
all improvements of which notice has been given and shall file a detailed
report, in writing, with the governing body, indicating either approval,
partial approval or rejection of such improvements with a statement
of reasons for any rejection. The cost of the improvements as approved
or rejected shall be set forth.
[Amended 4-15-1980 by Ord. No. 9-80]
(6)
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Borough Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of the governing
body with relation thereto, not later than 65 days after receipt of
the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved, provided that 30% of the amount of the performance
guaranty posted may be retained to insure completion of all improvements.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety, if any, shall be
released from all liability pursuant to such performance guaranty
for such improvements.
[Amended 4-15-1980 by Ord. No. 9-80]
(7)
If any portion of the required improvements is rejected,
the governing body may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
[Amended 4-15-1980 by Ord. No. 9-80]
(8)
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Borough Engineer for the foregoing
inspection of improvements, provided that the municipality may require
of the developer a deposit for all or a portion of the reasonable
anticipated fees to be paid to the Borough Engineer for such inspection.
[Amended 4-15-1980 by Ord. No. 9-80]
(9)
In the event that final approval is by stages or sections
of development, then the provisions of this section shall be applied
by stage or section.
[Amended 4-15-1980 by Ord. No. 9-80]
C.
Final plat.
(1)
Application, filing and fee. An applicant for the
subdivision of land, as defined in this chapter, shall submit to the
Secretary of the Board an application of the appropriate form provided
by the Board and appropriate copies of a final plat of the proposed
subdivision. The number and type of copies of the application form
and map shall be as specified in the procedure manual for subdivisions,
as prepared, approved and from time to time revised by the Planning
Board. An application fee shall also be submitted as required. The
applicant may first, before filing, request an informal meeting with
the Subdivision Committee or the Board to ascertain any detailed conditions
which may have changed since the approval of the preliminary plat.
(2)
Action by Technical Review Committee. The Technical
Review Committee shall consider each application filed at least seven
days prior to its regularly scheduled monthly meeting 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 Technical Review Committee shall certify the application
to the Secretary for public hearing to be held at the next regular
meeting of the Board. Upon receipt of such certification, the Secretary
shall notify the subdivider of the date of the public hearing. If
the TRC finds the application incomplete, the Planning Board Secretary
shall be notified, and the notification shall indicate the manner
in which the application is incomplete. The Planning Board Secretary
shall notify the applicant, in writing, of any finding of incompleteness
and said specific deficiencies of the application. The application
shall be deemed to be complete if a written notification of incompleteness,
as provided above, has not been sent to the applicant within 45 days
of the submission of the application to the Board. The applicant may
request that one or more of the submission requirements be waived,
in which event the Board shall grant or deny the request within 45
days from the first hearing date before the Board. 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.
[Amended 3-18-2008 by Ord. No. 08-11]
(3)
Timing of Board action. The Board shall act to approve
or disapprove the plat submitted for final approval with revisions,
if any, within 45 days after it is submitted. The action of the County
Planning Board, if any, shall be noted on the plat, and, if disapproved,
a copy of the plat and the reasons for disapproval shall be returned
to the subdivider.
(4)
Notation of approval. If the Board approved the final
plat, a notation to that effect shall be made on each plat and shall
be signed by the Chairman of the Board and the Board Secretary.
(5)
Filing; extensions. Upon final approval, copies of
the final plat signed by the Chairman and the Secretary of the Planning
Board shall be filed by the applicant with the county recording officer
and the County Planning Board. If the plat has not been filed with
the county recording officer within 95 days from the date of signing,
the approval shall expire. The Planning Board, for good cause shown,
may extend this period to no more than 190 days from the date of the
signing of the plat.
A.
Application for preliminary approval. A deposit shall be paid at the time of submission in accordance with § 212-9 of this chapter. The minimum deposit shall be $1,000, and $100 per individual lot, together with an inspection deposit of $2,000. There shall also be a final fee of $500. Any minor subdivision shall have an application fee of $500, and $50 per individual lot, together with an inspection deposit of $2,000.
[Amended 2-19-1985 by Ord. No. 2-85; 12-20-1994 by Ord. No.
16-94; 2-26-2008 by Ord. No. 08-1; 5-20-2008 by Ord. No. 08-17]
B.
Installation of improvements and final plat. At the time of submission of construction plans for improvements, the applicant shall deposit with the Clerk a fee equal to 4% of the estimated improvement costs, as determined by the Borough Engineer, to cover the costs of inspection and examination of all plats, maps, drawings, construction of improvements and any other engineering or administrative expenses in connection with the subdivision. Where a surface water management plan is required by Article VII of this chapter, the fee therefor shall be waived, and all costs for review shall be included in these fees. Any of these moneys not otherwise expended shall be returned to the applicant upon approval of the installed improvements.
The preliminary plat shall be prepared and certified by a professional engineer licensed by the state, at a scale where one inch equals not more than 100 feet, and shall be 24 inches by 36 inches in size and shall show all the information required by N.J.S.A. 40:55D-37 et seq. and Article IV of this chapter and shall comply with the design standards set forth in this chapter. In addition thereto, the plat shall show or be accompanied by the following information:
A.
Key map: a key map showing the entire subdivision
and its relation to existing areas.
B.
Lots: The lot layout shall show the dimensions and
square-foot area of each lot and minimum building setback lines.
C.
The identity: the tract name. Tax Map sheet, date
of revision as shown thereon, block and lot numbers, reference meridian
and graphic scale and existing zoning.
D.
Acreage: acreage of the tract to the nearest tenth
of an acre.
E.
Elevation, contours, horizontal and vertical control:
sufficient elevations and contours at five-foot vertical intervals
for slopes averaging 10% or greater, to determine the general slope
and natural drainage of the land and the high and low points. All
horizontal and vertical controls shall be based upon the United States
Coast and Geodetic Survey, the United States Geological Survey or
the New Jersey Geodetic Control Survey. All horizontal controls shall
be referenced to the state plan coordinate system contour maps, at
two-foot intervals and the horizontal and vertical control points.
Areas below the elevation referred to in the Borough Zoning Ordinance[1] or by the State Department of Environmental Protection
as the limit of flood plains shall be identified and a showing made
of how any relevant Borough or state requirements as to the restriction
of development in these areas are complied with.
F.
Existing and proposed locations: the locations of
existing and proposed property lines, streets, buildings, watercourses,
bridges, culverts, drain pipes and any natural features such as wooded
areas, large trees and rock formations.
G.
Streets: plans and profiles of all proposed streets
within the subdivision and profiles of existing or future continuing
streets, a minimum distance of 200 feet beyond the subdivision boundaries.
H.
Utilities: plans of proposed utility layouts, including
but not limited to water, gas and electricity, showing connections
to existing or proposed utility systems.
I.
Sewers. drains, ditches, etc: plans and profiles of
all proposed and existing sanitary sewers, storm drains, drainage
ditches and streams within the subdivision, as well as the locations,
sizes, elevations, grades and capacities of any existing sanitary
sewer, storm drain, drainage ditch or stream to which the proposed
facility shall be connected. When the storm drains, drainage ditches
or brook channel improvements are proposed or required, the plans
for such improvement shall be approved by the State Water Policy Commission,
if so required by the Planning Board or state law. The water supply
and sewage disposal system shall have been approved by the appropriate
local, county and/or state agency. When a public sewage disposal system
is not available, the developer shall submit evidence that he can
comply with the Local Board of Health requirements.
J.
Open spaces: open spaces to be dedicated for public
parks, playgrounds or other public uses and the locations and uses
of all land reserved by the subdivider for the common use of all future
owners of lots in the subdivision.
K.
Sediment and erosion control: The applicant shall
submit, where applicable, a soil erosion and sediment control plan
and a surface water management plan.
L.
Taxes: The applicant shall submit a report of a tax
search certifying that all taxes have been paid, prior to Board approval.
(Neither minor nor major subdivision approval shall be granted if
the taxes are not current.)
[Added 5-16-1978 by Ord. No. 13-78]
[Amended 11-14-2022 by Ord. No. 22-16]
The final plat shall be prepared and certified by a land surveyor
licensed by the state, at a scale where an inch equals not more than
100 feet, and the accompanying engineering plans and construction
drawings shall be prepared by a professional engineer licensed by
the state. All plats, plans and drawings shall be on tracing cloth
24 inches by 36 inches in size and shall show all the information
required by N.J.S.A. 40:55D-38, et seq. It shall also comply with
the following minor and major subdivision checklist:
|
MINOR AND MAJOR SUBDIVISION CHECKLIST
| ||
|---|---|---|
|
SUBDIVISION PLAT REQUIREMENTS
| ||
|
1.
|
( )
|
Date of latest revisions
|
|
2.
|
( )
|
Applicant's name, address, phone number
|
|
3.
|
( )
|
Name and address of present owner
|
|
4.
|
( )
|
Scale of not more than 100' to the inch
|
|
5.
|
( )
|
Key map showing entire subdivision and its relation to existing
areas, and proposed street pattern
|
|
6.
|
( )
|
North arrow
|
|
7.
|
( )
|
Lot sizes with dimensions and bearing, curve data
|
|
8.
|
( )
|
Building set back lines
|
|
9.
|
( )
|
Block numbers, lot numbers (approved by Tax Assessor)
|
|
10.
|
( )
|
Graphic scale
|
|
11.
|
( )
|
Acreage of tract, to nearest 10th acre
|
|
12.
|
( )
|
Dedication of lands for public use or conservation easement
|
|
13.
|
( )
|
Contour lines at 2' intervals referenced to the N.J. Geodetic
Control Survey Datum
|
|
14.
|
( )
|
All existing buildings, structures, railroads, bridges, culverts
and drain pipes, wooded areas, large trees, rock formations and watercourses
within 200 feet
|
|
15.
|
( )
|
Extent of wooded areas
|
|
16.
|
( )
|
All existing and proposed property lines
|
|
17.
|
( )
|
Location and names of all existing and proposed streets
|
|
18.
|
( )
|
Right-of-way widths of all existing and proposed streets
|
|
19.
|
( )
|
Cross-sections and profiles of all existing and proposed streets
abutting the tract in question
|
|
20.
|
( )
|
All existing and proposed utilities, under or above ground with
location indicated
|
|
21.
|
( )
|
All existing and proposed sanitary sewers, storm drains, drainage
ditches and streams shown in profile
|
|
22.
|
( )
|
All easements — width and purpose
|
|
23.
|
( )
|
All proposed sidewalks
|
|
24.
|
( )
|
Zone and zone boundaries
|
|
25.
|
( )
|
Municipal boundaries
|
|
26.
|
( )
|
Name of owners of adjacent properties and properties across
existing streets or proposed streets
|
|
27.
|
( )
|
Deed restrictions
|
|
28.
|
( )
|
Name, address of person preparing plat or deed revision (minor
subdivision only)
|
|
29.
|
( )
|
Approval signature block
|
|
30.
|
( )
|
Soil Erosion and Sediment Control plan
|
|
31.
|
( )
|
Note that these plans are "Not to be used for Construction"
|
|
32.
|
( )
|
All proposed lot lines and/or existing lot lines to be eliminated
by the proposed subdivision
|
|
33.
|
( )
|
Additional data as may be required by Planning Board to determine
classification
|
|
34.
|
( )
|
Subdivision title
|
|
35.
|
( )
|
Monuments — location and description
|
|
36.
|
( )
|
Certification of land survey
|
|
37.
|
( )
|
Owner's consent certifications
|
|
38.
|
( )
|
Signature block for Borough Clerk, Planning Board Chairman,
Planning Board Secretary, Board Engineer
|
The final plat shall be prepared and certified by a land surveyor
licensed by the state, at a scale where an inch equals not more than
100 feet, and the accompanying engineering plans and construction
drawings shall be prepared by a professional engineer licensed by
the state. All plats, plans and drawings shall be on tracing cloth
24 inches by 36 inches in size and shall show all the information
required by N.J.S.A. 40:55D-38, et seq. It shall also comply with
the following minor and major subdivision checklist:
