A.
Any owner of land within the Town of Phillipsburg shall,
prior to subdividing or resubdividing land, as defined in this chapter, submit
to the Secretary of the Planning Board at least two weeks prior to the regular
meeting of the Board a sketch plat of the proposed subdivision for purposes
of classification and preliminary discussion.
B.
If classified and approved as a minor subdivision by
unanimous action of the Subdivision Committee, a notation to that effect will
be made on the sketch plat. The plat will then be forwarded to the Chairman
of the Planning Board and the Municipal Clerk for their signatures and returned
to the subdivider within one week following the next regular meeting of the
Planning Board. No further Planning Board approval shall be required.
C.
Copies to be furnished.
(1)
Before the Municipal Clerk returns any approved sketch
plat to the subdivider, the Clerk shall have sufficient copies made to furnish
one copy to each of the following:
(2)
The cost of the copies will be charged to the subdivider
and shall be collected before the return of the original sketch plat to the
subdivider.
A.
At least six black-on-white prints of the preliminary
plat together with three completed application forms for preliminary approval
shall be submitted to the Municipal Clerk 28 days prior to the Planning Board
meeting at which consideration is desired. At the time of filing, a fee of
$10 shall be paid to the Municipal Clerk to cover the costs of publishing
notice and of notifying the persons concerned of the pending hearing on said
subdivision. The Municipal Clerk shall immediately notify the Secretary of
the Planning Board upon receipt of a preliminary plat.
[Amended 8-6-1985 by Ord. No. O:85-17]
B.
The Secretary of the Planning Board shall notify by mail
at least five days prior to the hearing all property owners within 200 feet
of the extreme limits of the subdivision as their names appear on the municipal
tax record. Said notice shall state the 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 Secretary shall
also cause notice of the hearing to be published in the official newspaper
or a newspaper of general circulation in the municipality at least 10 days
prior to the hearing.
C.
Copies of the preliminary plat shall be forwarded by
the Secretary of the Planning Board prior to the hearing to the following
persons:
D.
The Planning Board shall act on the preliminary plat
within 90 days after submission to the Municipal Clerk, but in no case before
the expiration of the twenty-day period within which the County Planning Board,
if there be one, may submit a report on said subdivision. 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, and if disapproved, two copies of the reasons for disapproval
shall be returned with the plat. If either the Planning Board or County Planning
Board disapprove 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. 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.
E.
If the Planning Board acts favorably on a preliminary
plat, the Chairman of the Planning Board shall affix his signature to the
plat with a notation that it has received preliminary approval and returned
to the subdivider for compliance with final approval requirements.
F.
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 V or the Planning Board shall require the posting of adequate performance guarantees to assure the installation of the required improvements.
A.
The final plat shall be submitted to the Municipal Clerk
for forwarding to the Planning Board for final approval within three years
from the date of preliminary approval. The Municipal Clerk shall immediately
notify the Secretary of the Planning Board upon receipt of a final plat and
the Planning Board shall act upon the final plat within 45 days after the
date of submission for final approval to the Municipal Clerk.
B.
The original tracing, one translucent tracing-cloth copy,
two cloth prints, five 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.
C.
The final plat shall be accompanied by a statement by
the Municipal Engineer that he 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:
D.
Any plat which required County Planning Board approval
pursuant to N.J.S.A. 40:27-12 shall be forwarded to the County Planning Board
for its action prior to final approval by the Planning Board.
E.
If the Planning Board approves the final plat, a notation
to that effect shall be made on each plat and shall be signed by the Chairman
and the Secretary of the Planning Board.
F.
Failure of the Planning Board 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.
G.
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.
I.
The final plat, after final approval by the Planning
Board, 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.
J.
No plat shall be accepted for filing by the County Recording
Officer unless it has been duly approved by the Phillipsburg Planning Board
and signed by the Chairman.
