A.
An applicant desiring to proceed with a major subdivision
shall file with the Clerk, at least two weeks prior to the date of
a regular meeting of the Board, the following documents:
(1)
Six completed copies of the city major subdivision
application form.
(2)
Four copies of any protective covenants, deed restrictions
or easements, either presently affecting the property or proposed,
in the subdivision, such as a conservation, easement or reservation
or dedication of lands, drainage or utility right-of-way or a sight
triangle.
(3)
Four copies of any deed(s) for any lands offered to
the city.
(4)
Twelve copies of the preliminary plat of the proposed
major subdivision. A reproducible copy shall be submitted upon preliminary
approval.
(5)
Twelve copies of a key map.
(6)
A certification from the City Tax Collector that no
taxes or assessments for local improvements are due or delinquent
on the property for which the subdivision application is made.
(7)
A certification from the State Department of Environmental
Protection, pursuant to N.J.S.A. 58:11-23 et seq., if applicable.
The applicant shall submit to the Clerk, at the time of submission of an application for a major subdivision, payment of the fee provided in § 244-50.
A.
The plat shall be in tentative form for discussion
purposes for preliminary approval. The plat shall be clearly and legibly
drawn at an accurate scale of not less than one inch equals 100 feet
and shall be based on an actual survey certified by a land surveyor
licensed in the State of New Jersey. The plat shall be presented on
sheets not greater than 30 inches by 42 inches or less than 8 1/2
inches by 13 inches. The plat shall show the following information:
(1)
A title containing the name of the subdivision; the
name of the city; Tax Map sheet, block and lot number; date of preparation
and most recent revision; meridian North arrow; written and graphic
scales; the names, addresses, phone numbers and signatures of the
owner, subdivider and person(s) who prepared the plat(s), including
the seal of the latter; the names of all property owners within 200
feet of the extreme limits of the subdivision; and a space for the
subdivision application number.
(2)
The acreage of the original tract being subdivided
measured to the nearest tenth of an acre and the number of new lots
created, each lot measured with dimensions noted and each lot labeled
to the nearest square foot.
(3)
A map showing existing elevations and contour lines
over the entire area of the proposed subdivision, together with watercourses
and an indication of the final disposal of the surface waters. All
elevations shall be related to a bench mark noted on the plan.
(4)
The locations and dimensions of existing and proposed
railroad rights-of-way, bridges and natural features such as soil
types, wooded areas, lakes, rock outcroppings and views within the
subdivision and the location of individual trees outside the wooded
areas having a diameter of six inches or more as measured 4 1/2
feet above ground level. The proposed location of shade trees to be
provided by the subdivider shall also be shown. Soil types shown shall
be based on United States Soil Conservation Service categories.
(5)
All existing and proposed watercourses, including
lakes, ponds and marsh areas, accompanied by the following information
or data:
(a)
When a running stream is proposed for alteration,
improvement or relocation or when a structure or fill is proposed
over, under, in or along such a running stream, evidence of approval,
required alterations, lack of jurisdiction or denial of the improvement
by the New Jersey Division of Water Policy and Supply and/or United
States Army Corps of Engineers.
(b)
Cross sections and profiles of watercourses
at an appropriate scale showing the extent of floodway fringe area,
top of bank, normal water level and bottom elevations at the following
locations:
[1]
All watercourses within or adjacent to the subdivision
and at any point where a watercourse crosses a boundary of the subdivision.
[2]
At fifty-foot intervals for a distance of 300
feet upstream and downstream of any proposed culvert or bridge within
the subdivision.
[3]
At fifty-foot intervals up to 300 feet upstream
and downstream of any proposed culvert or bridge and any point of
juncture of two or more watercourses within and/or within 1,000 feet
of the subdivision.
[4]
At a maximum of three-hundred-foot intervals,
but no less than two locations, along each watercourse which runs
through or adjacent to the subdivision.
[5]
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 during construction
as well as typical ditch sections and profiles shall be shown on the
plan or accompany it.
(c)
The total acreage in the drainage basin of any
watercourse running through or adjacent to a subdivision in the area
upstream of the subdivision.
(d)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage in that portion
of the subdivision which drains to the structure.
(e)
The location and extent of all existing or proposed
drainage and conservation easements and flood hazard area lines.
(f)
The location, extent and water level elevation
of all existing or proposed lakes or ponds within or adjacent to the
subdivision.
(g)
Plans and computations for any storm drainage
systems, including the following:
[1]
All existing or proposed storm sewer lines within
or adjacent to the subdivision, showing size, profile and slope of
the lines; direction of flow; and the location of each catch basin,
inlet, manhole, culvert and head wall.
[2]
The location and extent of any proposed dry
wells, groundwater recharge basins, retention basins, detention basins,
flood control devices, sedimentation basins and other water conservation
devices.
(6)
The names, locations and dimensions (cartway and right-of-way
widths) of all existing streets within a distance of 200 feet of the
boundaries of the subdivision and showing existing driveways and any
connections from proposed streets, sidewalks and bike routes in the
subdivision to any adjoining street(s), sidewalk(s) or bike route(s)
and what off-site extensions, if any, will be made to nearby arterial
and collector streets as those streets are shown on the adopted Master
Plan. Plans, profiles, tentative grades and details of all proposed
streets and of the existing streets abutting the subdivision based
on the vertical datum specified by the City Engineer, together with
full information as to the disposal of surface drainage and including
plans of curbing, sidewalks, storm drains and drainage structures,
shall be shown. At intersections, the sight triangles, radii of curblines
and street sign locations shall be clearly indicated.
(7)
The names, locations, right-of-way widths and purpose(s)
of existing and proposed easements and other rights-of-way in the
subdivision and the location and description of all monuments.
(8)
All proposed lot lines, including existing lot lines to remain and those to be eliminated, and all setback lines required by Chapter 300, Zoning, with the dimensions thereof. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered and the lots within each block shall be numbered consecutively in a clockwise manner, beginning with number one, after consultation with the City Engineer.
(9)
Locations of all existing structures and their use(s)
in the tract and within 200 feet thereof, showing existing and proposed
front, rear and side yard setback distances, structures of potential
historic significance and an indication of all existing structures
and uses to be retained and those to be removed. Tentative plans of
proposed improvements and utility layouts (sanitary sewers, storm
sewers, erosion control, stormwater control, excavation, water mains,
gas, telephone, electricity, etc.) showing location, size, slope,
pumping stations and other details as well as feasible connections
to any existing or proposed utility systems. If private utilities
are proposed, they shall fully comply with all city, county and state
regulations. If service will be provided by an existing utility company,
a letter from that company shall be submitted stating that service
will be available before occupancy of any proposed structures.
(10)
Zoning district(s) and, if the property lies
in more than one zoning district, the plat shall indicate the zoning
district lines.
(11)
When on-lot water and/or on-lot sewage disposal is proposed, the plat shall be accompanied by the results of percolation test(s) made in accordance with the requirements set forth in § 244-7A(10). Upon submission of all percolation data, to the Planning Board, the Board may authorize the City Engineer to conduct comprehensive tests to verify the percolation tests performed by the applicant's engineer. The applicant shall pay the actual costs of such verification tests by the City Engineer as set forth in § 244-50.
(12)
Such other information or data as may be required
by the Planning Board in order to determine that the details of the
subdivision are in accord with the standards of the applicable ordinances.
B.
The Planning Board may waive any of the details required
by this section if it determines that the subdivision conforms to
the standards of good planning, will have no deleterious effect on
neighboring properties and provides adequate data to assure protection
of the health, safety and welfare of the residents of the city.
C.
The preliminary plat shall be certified as to the
accuracy of the engineering details by an engineer licensed in New
Jersey, bearing his signature, seal, license and address.
The key map shall comply with the requirements of a minor subdivision key map, as set forth in § 244-8 of this chapter, as the same shall apply to a major subdivision.
Upon receipt of an application for a major subdivision, together with the required supporting documents and payment of the prescribed fee, the Clerk shall forthwith submit to the Secretary who shall submit one copy of the application and supporting documentation each to the City Engineer and to the Attorney for the Planning Board for a report thereon to the Planning Board. These reports shall be submitted to the Planning Board at least two days prior to the meeting of the Planning Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter and whether the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required and, if such shall be the case, shall advise the City Commission which shall then act pursuant to § 244-42. The Secretary shall also set down the application on the agenda of the Planning Board meeting next following 14 days from the date of submission of the complete application and shall advise the applicant of such date. In the event that the Secretary determines that a literal compliance with the time requirements of this section, in the case of a major subdivision of 10 or fewer lots, will cause the application to be considered by the Planning Board not within 45 days of the submission of the application, the Secretary shall so advise the Planning Board at its next meeting, and the Planning Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
The applicant, where required, pursuant to N.J.S.A. 40:27-6.3, shall comply with the provisions of § 244-10 of this chapter, as the same shall apply to a major subdivision.
[Amended 6-12-2023 by Ord. No. 2023-09]
The applicant shall give notice of the application at least 10 days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with Chapter 51, Land Use Procedures.
A.
At the meeting of the Planning Board at which the application is to be first considered, the Planning Board shall first determine that the application is complete in accordance with §§ 244-13 through 244-16, inclusive. If it is determined that the application is incomplete, the Planning Board shall immediately notify the applicant of the incompleteness, which shall not be deemed to preclude a subsequent complete resubmission upon payment of the prescribed fee.
B.
If it is determined that the application is complete:
(1)
If the application is for a subdivision of 10 or fewer
lots, the Planning Board shall grant or deny preliminary approval
within 45 days of the date of submission of the complete application
or within such further time as may be consented to in writing by the
applicant.
(2)
If the application is for a subdivision of more than
10 lots, the Planning Board shall grant or deny preliminary approval
within 95 days of the date of submission of the complete application
or within such further time as may be consented to in writing by the
applicant.
C.
Failure of the Planning Board to act within the period
prescribed shall constitute major subdivision preliminary approval.
D.
The applicant shall not proceed with installation
of the required improvements until a performance guaranty is posted
therefor, and no building permits shall be issued unless the required
improvements have been completed and accepted or a performance guaranty
posted therefor.
A.
Preliminary approval of a major subdivision shall, except as provided in Subsection B, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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 city
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
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)
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 by ordinance,
such revised standards may govern.
B.
In the case of an application involving 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 to 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, 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 standards may govern.
A.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by § 244-23 of this chapter, the conditions of preliminary approval and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the Secretary or
within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute final approval, and a certificate of the Secretary
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 Clerk for purposes of filing
subdivision plats.
C.
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, the City
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.
D.
Whenever the Planning Board shall grant approval subject
to conditions, a notation shall be made on the plat indicating that:
"The approval of this subdivision is subject to conditions as set
forth in the minutes of the Planning Board."
The final plat, titled as such, shall be submitted
in the form of one linen or Mylar, two cloth and nine black-on-white
paper prints on sheets of uniform size of one of four standard sizes
[namely, 30 inches by 42 inches, 24 inches by 36 inches, 15 inches
by 21 inches or 8 1/2 inches by 13 inches], provided that when
more than one sheet is required, an index sheet of the same dimensions
shall be filed showing the entire subdivision on one sheet, and each
separate sheet shall show references to the adjoining sheets, at a
scale of not less than one inch equals 200 feet, and in compliance
with the provisions of N.J.S.A. 46:23-9.9 et seq. (Map Filing Law),
as amended. The final plat shall show the same information required
for preliminary approval, in addition to the following:
A.
Tract boundary lines, streets, sight triangles, easements
and other rights-of-way, street names, land reserved or dedicated
to public use, all lot lines and other site lines with accurate dimensions,
bearing or deflection angles and radii, arcs and center angles of
all curves shall all be based on an actual survey by a land surveyor
licensed to practice in the State of New Jersey. All dimensions, both
linear and angular, of the exterior boundaries of the subdivision
shall be balanced and closed within a limit of error of one to 10,000
and of all lot lines to within one to 20,000. All dimensions, angles
and bearings given on the map must be referred to at least one permanent
monument, which shall be indicated on the map.
B.
Block and lot numbers in accordance with established
standards and in conformity with the City Tax Map as approved by the
City Engineer.
C.
Cross sections, profiles and established grades of
all streets as approved by the City Engineer.
D.
Plans and profiles of all storm and sanitary sewers
and water mains as approved by the City Engineer.
E.
Monuments shall be the size and shape required by
N.J.S.A. 46:23-9.11, as amended, and shall be placed in accordance
with said statute and indicated on the final plat, with at least one
corner of the subdivision tied to a U.S.G.C. benchmark(s) with data
on the plat as to how the bearings were determined. All lot corners
shall be marked with a metal alloy pin of permanent character.
F.
Any changes between the information set forth in the
preliminary plat and that which has actually been effected.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 244-21 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time provided in § 244-25 of this chapter. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required in § 244-25 of this chapter, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 244-25 of this chapter for the section granted final approval.
B.
In the case of a subdivision for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two 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 final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final 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 final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period the plat shall have been duly filed by the developer with
the County Clerk. The Planning Board may for good cause shown extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which the city approval is required by this chapter, such person
shall be liable, in addition to any statutory penalty, for suit by
the city:
B.
In any such action, the transferee, purchaser or grantee
shall be entitled to the statutory 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 deposits made or purchase price paid and also a reasonable
search fee, survey expense and title closing expense, if any. 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.
Before granting preliminary approval of an application for a major subdivision, the Planning Board shall require the applicant to deposit with the City the inspection fees provided in § 244-50 to compensate the City Engineer in performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the City Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Planning Board and the applicant. Additionally, the City Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the subdivision in question before its completion, he may make written application to the Planning Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the subdivision covered by that application.
