A.
Any owner of land wishing to subdivide or resubdivide
land within the borough wherein such subdivision meets, or appears
to meet, the definition as contained in this chapter for "minor subdivisions"
shall file an original and two copies of a minor subdivision application
together with 12 copies of the proposed minor subdivision plat; and
if the applicant does not intend to file a map in the Sussex County
Clerk's office with respect to the proposed subdivision, the applicant
shall also file a proposed deed of the subdivision containing, at
least, the description of the lot or lots that the applicant proposes
to create, together with a fee of $25 per lot.
B.
Minor subdivision plat. The minor subdivision plat
shall be based on tax information at a scale not less than one inch
equals 100 feet, prepared and certified to by a civil engineer or
licensed surveyor and complying with all other requirements of the
Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 40:23-9.9 et seq.), (if
applicable), to enable the entire tract of which the subdivision is
a part to be shown on one sheet, which shows or includes the following
information:
(1)
A key map showing the location of the entire tract,
the portion being subdivided clearly delineated by cross-hatching
or some other appropriate means, adjoining properties and the tax
map, lot and block designation of the subject premises and adjoining
premises, the street on which the subdivision is located. The scale
of the key map portion of the subdivision plat shall not be less than
one inch equals 100 feet.
(2)
The entire tract from which a portion is to be subdivided
and a North arrow and scale.
(3)
The portion sought to be subdivided.
(4)
Location of all existing structures and the distances
of the structures from the existing property lines and from any new
lines sought to be established.
(5)
The location and designation of any streams, ponds,
brooks or other natural features.
(6)
Location and size of all drainage structures.
(7)
A metes and bounds description of the entire tract
and the new lines sought to be established and any plot lines which
are to be eliminated so indicated.
(8)
Area of the entire tract, area and width of the lot
at the street line of the lot sought to be created, and the road frontage
of the remainder portion.
(9)
Name of street and width of right-of-way on which
the property fronts.
(10)
In legend form, there shall be indicated the
names of all abutting owners and their tax lot and block designations
according to the latest tax rolls of the borough, the name and address
of the owner, subdivider, date of the latest revision, and the number
of new lots sought to be created.
A.
Planning Board action.
(1)
If approved as a complete application for a minor
subdivision by unanimous action of the Subdivision Committee, a notation
to that effect shall be made on the minor subdivision plat and the
Subdivision Committee shall report its action at the next meeting
of the Planning Board. The acceptance of such a report by the Planning
Board or the approval of the minor subdivision by the Planning Board,
in the event that the action of the Subdivision Committee was less
than unanimous or in the event that Planning Board approval results
without the report of the Subdivision Committee, shall constitute
approval of the application as a minor subdivision. The Subdivision
Committee or the Planning Board may condition such approval on terms
ensuring the provisions of improvements pursuant to Sections 29, 29.1,
29.1 and 41 of the Municipal Land Use Law, c. 291, L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1.
(2)
The Planning Board Chair and Planning Board Secretary
shall then affix their signatures on the plat upon receipt of the
report of the County Planning Board review or upon the expiration
of the time in which the county may make such a report as hereinafter
set forth.
B.
If the proposed division of land is exempt from Planning
Board action because it is not a subdivision, as defined herein, a
notation that the subdivision is "exempt" shall be made by the Planning
Board.
C.
Upon the applicant filing an application for minor
subdivision with the Secretary of the Planning Board, the applicant
shall immediately file a copy of his/her subdivision application with
the County Planning Board in accordance with its requirements. The
copy of the proposed deed, as hereinbefore referred to, should be
filed with the County Planning Board in connection with the applicant's
application, and a notation to that effect shall be made by the Secretary
of the Planning Board on the borough's application. If, within 30
days after receiving the plot, the County Planning Board does not
respond to the Secretary of the Hamburg Borough Planning Board, the
plat shall be deemed to have been approved by the County Planning
Board. If, within 30 days after receiving the plat, the Sussex County
Planning Board shall make a report to the Secretary of the Hamburg
Borough Planning Board, any conditions imposed by the County Planning
Board shall be appended to the borough's application. Three signed
copies of the plat, together with the signed deed, shall be returned
to the applicant within one week following the next regular meeting
of the Planning Board. The plat shall also be signed by the Borough
Engineer, which shall evidence compliance with all approved design
and improvement standards, No further Planning Board approval shall
be required.
The Secretary of the Planning Board shall forward
one copy to each of the following:
If a plat is not approved as a minor subdivision,
a notation to that effect shall be made on the plat which will be
returned to the subdivider for compliance with the procedures applicable
to major subdivision as set forth in this chapter.
A.
Any owner of land wishing to subdivide or resubdivide
land within the borough, wherein such subdivision meets, or appears
to meet, the definition as contained in this chapter for major subdivisions,
shall file an application together with copies of the preliminary
plat as hereinafter set forth.
B.
Prior to submission of a preliminary plat to the Planning
Board the developer may submit a tentative plat and such information
as is reasonably necessary to make an informed decision as to whether
the requirements necessary for preliminary approval have been met.
The plat and other information shall be submitted to the Secretary
of the Planning Board who shall then forward it to the Subdivision
Committee and the Borough Engineer for review. Any other engineering
documents to be submitted shall be required in tentative form for
discussion purposes for preliminary approval. If the Subdivision Committee
finds that the application for development is incomplete, the developer
shall be notified thereof within 35 days of submission of such application
or it shall be deemed to be properly submitted.
A.
A. At least 16 black-on-white prints of the preliminary
plat map, together with three completed application forms for preliminary
approval, shall be submitted to the Borough Clerk 30 days prior to
the Planning Board meeting at which consideration is desired.
[Amended 8-3-2009 by Ord.
No. 09-2009]
B.
At the time of filing, a fee of $30 per lot for all lots shown on the preliminary plat shall be paid to the Borough Clerk, except that the minimum fee shall be $250. In the case of resubdivision, the fee shall be $10 per lot for each lot altered or changed. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of an application for preliminary approval. The application shall be filed in accordance with the requirements of Chapter 28, Land Use Procedures. If the applicant is not the record owner of the title to the property being subdivided, he/she shall file a written consent, signed by the owner, consenting to the making of the application. The Secretary of the Planning Board shall forward one copy thereof to the Borough Clerk.
C.
The developer shall simultaneously file three copies
with the County Planning Board. The County Planning Board shall have
30 days to review and respond. In the absence of a response within
30 days, the County Planning Board shall be deemed to have approved
the plat.
The applicant shall notify all persons entitled to notice of the hearing on the application in accordance with the provision of Chapter 28, Land Use Procedures, and N.J.S.A. 40:55D-12. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development including the giving of notice in accordance with the provisions of N.J.S.A. 40:55D-12.
Copies of the preliminary plat shall be forwarded
by the Secretary of the Planning Board prior to the hearing to the
following persons:
A.
Secretary of County Planning Board.
B.
Borough Engineer.
C.
Secretary of Board of Health.
D.
Borough planning consultant, if any.
E.
Such other borough, county or state officials as directed
by the Planning Board.
(1)
If the preliminary plat lies within 200 feet of another
municipal boundary, a copy of the plat shall be sent by the Planning
Board Secretary to the Secretary of the Planning Board of the adjoining
community. A written statement shall be requested from the adjoining
community indicating whether the proposed subdivision of the Borough
of Hamburg is in reasonable harmony with its plans for development.
The Secretary of the Planning Board of the adjoining community should
be informed of the date of the public hearing and any communications
received prior to this date will be considered in relation to the
approval or disapproval of the plat.
After the public hearing, the Planning Board
shall take formal action either approving or disapproving the preliminary
plat within the time required by N.J.S.A. 40:55D-48, viz, for a subdivision
of 10 or fewer lots, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of the submission and in the case
of subdivision of more than 10 lots, it 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. If the plat is disapproved, the reasons for disapproval
shall be given to subdivider.
A.
Approval of any application shall be conditioned on
certification by the Sussex County Soil Conservation District of a
plan for soil erosion and sediment control pursuant to the provisions
of Chapter 251, L. 1975.
B.
If the Planning Board acts favorably on a preliminary
plat, the Chair of the Planning Board shall affix his/her signature
to the plat with a notation that it has received tentative approval
and returned to the subdivider for compliance with final approval
requirements.
C.
A copy of the action taken by the Planning Board shall
be forwarded to the Borough Clerk.
A.
Preliminary approval shall, except as hereinafter
set forth, confer upon the applicant the following rights for a three-year
period from the date of such approval:
(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 borough
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; and
(3)
That the applicant may apply for and the Planning
Board may grant extensions on such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years, provided that if the design standards have been revised
such revised standards shall govern.
B.
In the case of subdivision for an area of 50 acres or more the Planning Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; and the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development; provided that if the design standards have been revised such revised standard shall govern.
A.
Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified in Article V under the supervision and inspection of the Borough Engineer, except that the Planning Board may accept a performance guaranty approved by the Borough Attorney in an amount equal to 120% of the estimated cost of the improvement of which 10% of the total amount shall be in cash or a certified check for the later installation of the following improvements only:
B.
The amount of the performance guaranty may be reduced
or released in accordance with the provisions of N.J.S.A. 40:55D-53.
B.
The original tracing, one translucent tracing, two
cloth prints, 16 black- or blue-on-white prints and 16 copies of the
completed application shall be submitted to the Secretary.
[Amended 8-3-2009 by Ord.
No. 09-2009]
C.
The application shall be accompanied by a fee of $20
per lot for each lot shown on the final plat, paid to the Secretary
of the Planning Board, except that the minimum fee shall be $200.
D.
In addition to the fees required in Subsection C above, the subdivider shall also pay all reasonably necessary inspection fees in connection with the construction of any improvements required under this chapter, as may, from time to time, be established by resolution of the Borough Council. Such fees shall be paid to the Borough Engineer or other inspecting official, unless otherwise directed by the Planning Board.
Prior to final approval the Planning Board shall
have received the following:
A.
A letter containing a list of all items to be covered
by a performance guaranty (cash or certified check), the quantities
of each item, the cost of each of them and the total amount of all
items.
B.
A letter from the Borough Engineer stating that the
required improvements have been installed to his/her specifications,
and that the performance guaranty is adequate to cover the cost of
remaining improvements.
C.
A letter from the applicant's engineer stating that
the final plat conforms to the preliminary plat as submitted and approved.
Final approval shall be granted or denied within the time specified in the applicable section of Chapter 28, Land Use Procedures. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary of the Board 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 final subdivision plat. Whenever review or approval of the application by the County Planning Board is required the Borough Planning Board shall condition any approval that it grants upon 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.
After final approval, one translucent tracing
and one cloth print shall be filed with the Borough Clerk. The original
tracing and one cloth print shall be returned to the applicant. Copies
of the final plat shall also be filed with the Planning Board and
with the following:
A.
Within 95 days of final approval, the final plat shall
be filed by the subdivider with the County Recording Officer in accordance
with the provisions of N.J.S.A. 40:55D-54. For good and sufficient
reasons, the Planning Board may extend the time for filing for an
additional period not to exceed 190 days from the date of signing
of the plat.
B.
No plat shall be offered for filing to the County
Recording Officer unless it has been duly approved by the Borough
Planning Board and signed by the Chair, Secretary and Borough Engineer.
C.
Wherein an application has been acted upon by the Planning Board as a major subdivision because the subdivision in question cannot meet the definition of "minor subdivision" as herein defined, but otherwise appears to be a minor subdivision, but must be acted upon by the Planning Board as a major subdivision for this technical definition reason and for no other, the Planning Board may waive the requirement that the applicant submit maps prepared for filing as required in Subsection B hereof and permit the applicant to make this filing with the County Clerk by deed. Should the applicant request that the Planning Board waive the requirement for the filing of maps then the applicant must file a proposed deed of the subdivision as required in § 186-5A.
If any persons shall be aggrieved by any action of the Planning Board, appeals shall be filed in accordance with Chapter 28, Land Use Procedures.
