Any owner of land within the Borough of Pennington shall prior to subdividing or resubdividing land, as defined in this chapter, submit to the Borough Clerk at least five days prior to the regular meeting of the Board three copies of a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion.
If classified and recommended for approval as a minor subdivision by the Planning Board or by the unanimous action of the Subdivision Committee, and if said Committee unanimously finds no cause for review by the entire Board, or for unfavorable action upon the subdivision, which finding shall be deemed recommendation of approval by the Planning Board, a notation to that effect will be made on the sketch plats and signed by the Secretary of the Planning Board which shall be forwarded to the Mayor and Council for action, If classified and approved by the Mayor and Council as a minor subdivision, a notation to that effect will be made on the sketch plats and signed by the Mayor and Borough Clerk. One copy shall be returned to the subdivider, one copy forwarded to the Borough Engineer and one copy forwarded to the Building Inspector. No further approval shall be required.
Either a deed description or plat map drawn in compliance with Chapter 358 of the Laws of 1953 shall be filed by the subdivider with the county recording officer within 90 days from the date of return of the approval sketch plat.
Editor's Note: Repealed by L. 1960, c. 141. See now N.J.S.A. 46:23-9.9 et seq.
At least four black-on-white prints of the preliminary plat, together with a completed application form for preliminary approval, shall be submitted to the Borough Clerk two weeks prior to the Planning Board meeting at which consideration is desired.
The subdivider shall notify by mail at least five days prior to the hearing all owners of adjoining property and property directly across the street as their names appear on the municipal tax record. Said notice shall state the time and place of 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 shall also cause said notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least 10 days prior to the hearing. Proof of publication and service shall be filed with the Planning Board.
The Planning Board shall act on the preliminary plat within 90 days after submission to the Borough Clerk. Any approval shall be subject to approval by the County Planning Board, and it shall be the duty of the applicant to submit a copy of the preliminary plat to the said Board. In all cases the recommendations of the County Board shall be given careful consideration in the final decision of the local Planning Board. If the County Planning Board has approval authority pursuant to N.J.S.A. 40:27-12, its action shall be noted on the plat. If the Planning Board disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting a plat shall be notified of the action of the Planning Board within 90 days of its submission or within such further time as may be agreed upon. If approval is required by any other officer or public body, the same procedure as applies to submission and approval by the County Planning Board shall apply.
If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat, and it shall be referred to the governing body for action. The governing body shall act within 60 days or within such further time as may be agreed upon. Its action shall be noted on the plat, signed by the Mayor and Borough Clerk and be returned to the subdivider for compliance with final approval requirements.
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of approval:
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Article IV or the Mayor and Council shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
The final plat shall be submitted to the Borough Clerk for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a final plat stating the date of such receipt, and the Planning Board shall act upon the final plat within 45 days after the date of submission for final approval to the Borough Clerk.
The original tracing, one translucent tracing cloth copy, two cloth prints, six black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least five days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board and Mayor and Council.
The final plat shall be accompanied by a statement by the Municipal Engineer that he or she is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed and that the subdivider has complied with one or both of the following:
If the Planning Board favorably refers a final plat to the governing body, the governing body shall take action not later than the second regular meeting following the referral, noting its action on the plat, and the Mayor and Borough Clerk affixing their signatures thereto if said action is favorable.
Failure of the Planning Board and governing body to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Municipal Clerk shall issue a certificate to that effect.
If any person shall be aggrieved by the action of the Planning Board, appeal in writing to the governing body may be taken within 10 days after the date of the action of the Planning Board. A hearing thereon shall be had on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing, the governing body may affirm or reverse the action of the Planning Board by a recorded vote of a majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the governing body, and the applying party shall be given a copy.
The final plat, after final approval, shall be filed by the subdivider with the county recording officer within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire.
No plat shall be accepted for filing by the county recording officer unless it has been duly approved by the Mayor and Council and signed by the Mayor and Borough Clerk.
[Added 2-3-1969 by Ord. No. 230]
The subdivider shall pay in cash or by certified check the application and inspection fees specified in Chapter 98, Fees, Article II, Planning Board and Zoning Board of Adjustment Fees, to cover the borough's costs in the review and processing of the application and plats submitted and the engineering inspection of the improvements to be constructed. Checks shall be payable to the "Borough of Pennington."