Any owner or subdivider, prior to subdividing or resubdividing land in the Township, as defined in §
340-4, shall comply with the procedures in this chapter and as set forth in Chapter
209, Land Use Procedures, of the Code of the Township of Ocean.
[Amended by Ord. No. 1999-11; Ord. No. 1999-27]
A. Improvements or guarantees prior to final approval. No subdivision
plat shall be considered for final approval unless:
(1) All improvements required by Article
IV of this chapter have been installed, certified as approved by the Township Engineer, and an acceptable maintenance guarantee in an amount equal to 15% of the actual improvement cost is posted with the Township Clerk; or
(2) In lieu of installation of improvements, there is posted with the
Township Clerk a performance guarantee satisfactory to the Township
Committee sufficient in amount to cover 110% of the cost of completing
the unfinished improvements, together with a cash bond in the amount
of 10% of the cost completing the unfinished improvements, within
a specified time, the cost thereof as estimated by the Township Engineer.
(a)
All performance guarantees shall be approved by the Township
Attorney as to type, form, sufficiency and execution. The duration
of each guarantee shall be fixed by the Township Committee for a period
not to exceed two years, and may be extended with the consent of the
owner and surety for an additional time not to exceed one year.
(3) Tentative approval of the subdivision was granted within three years
prior to the date of hearing for final approval, unless extended in
accordance with the provisions of N.J.S.A. 40:55D-49(c).
(4) The applicant has received current certification by the Township
Board of Health approving the sewage disposal and water supply of
the plat for which final approval is requested.
(5) There will be not more than two sections of any major subdivision
if final approval is granted, for which all improvements have not
been completely installed and approved by the Township Engineer, together
with maintenance bond posted.
(6) Provided however, that the limitations imposed by this chapter shall not apply to a planned residential development for which preliminary subdivision approval has been granted pursuant to §
410-31 of Chapter
410, Zoning, of the Code of the Township of Ocean, and: the application for final subdivision approval of the first development section shall contain at least 300 lots; and each subsequent application for final subdivision approval of each development section shall contain at least 150 lots. Further provided that for purposes of posting performance guarantees each application for final subdivision approval may be separated into phases of not less than 50 lots each.
B. Final plat procedure.
(1) Application for final approval of all or any part of a major subdivision
tentatively approved shall be made by the subdivider submitting to
the administrative officer four completed application forms at least
28 days prior to the Planning Board meeting at which consideration
is desired. The applications shall be accompanied by:
(a)
The original tracing and 14 black-on-white prints of the final
plat;
(b)
A fee to be deposited with the Township Clerk as set forth in Article
VI of Chapter
209, Land Use Procedures, of the Code of the Township of Ocean;
(c)
Certification by Board of Health approving sewage disposal and
water supply;
(d)
Final plans, profiles, typical sections and detail drawings
for all improvements together with a final grading plan showing existing
contours and proposed finished surface elevations for the grading
of all lots in the development. Elevations shall be indicated on all
lot corners, intermediate points and building corners and provide
for surface water runoff to the streets or drainage inlets;
(e)
To be submitted to the Township Attorney, a certificate of title,
which may be by letter from the title company, showing the ownership
of the land, as portrayed by the plan submitted, to be vested in the
subdivider or other applicant for plan approval;
(f)
A map showing the proposed location of all shade trees within
the proposed development and written statement of the number and kinds
of trees to be planted;
(g)
The fair cost of drainage in the drainage area, as apportioned
to applicant in relation to applicant's contribution of stormwater
runoff compared to other contributors. This payment shall be held
in trust until the overall drainage system is constructed, at which
time the trust funds may be used toward the construction thereof.
The Township Engineer shall calculate the amount to be so deposited;
(h)
To be submitted to the Planning Board, a copy of such private
restrictions or restrictive scheme as may be imposed upon the property,
conditional to sale, together with a statement of any restrictions
that may already carry with a title to the land being subdivided;
(i)
Certificate from Tax Collector that all taxes are paid to date.
C. Action by Planning Board. 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.
D. Filing after final approval.
(1) The final plat, after final approval by the Planning Board, shall be filed by the subdivider with the County Recording Officer within the time prescribed in §
209-24 of Chapter
209, Land Use Procedures, of the Code of the Township of Ocean. If any final plat is not filed within this period, the approval shall then expire.
(2) After filing with the County Recording Officer, the applicant shall
file four cloth prints and three black-on-white prints of the final
plat with the Planning Board which, after retaining one cloth copy
for its files, shall forward to the following municipal and county
officials:
(a)
Township Clerk (cloth copy);
(b)
Township Engineer (cloth copy);
(c)
Chairperson of the Board of Tax Assessors (cloth copy);
(e)
Building Inspector and Zoning Officer (cloth copy);
E. Effect of filing with County Recording Officer. Recording of the
final plat, after approval by the Planning Board, shall have the effect
of transferring all streets, parks and other public ways and areas
shown thereon, in fee simple, to the Township. Such transfer of ownership,
rights-of-way and public areas does not obligate the Township to the
acceptance thereof for construction or maintenance. The owner of the
land may, with approval of the Planning Board and Township Committee,
place a notation on the filed or recorded plat to the effect that
there is no offer of dedication of streets or other public areas to
the public, in which event the title to such ways and other lands
remains with the subdivider and the Township shall assume no responsibility
for the improvement or maintenance thereof, which fact shall also
be noted on the final plat.
F. Plat to be posted. The subdivider, or his/her agent, shall keep a
clear and legible copy of the approved plat in plain view in a prominent
location in his/her office and sales-rooms from which sales in the
approved subdivision are made so that prospective purchasers may have
the opportunity to learn the special conditions, if any, under which
approval was given.
G. Final plat details. The final plat shall be drawn in compliance with
N.J.S.A. 46:23-9.9 et seq., for purposes of recording. It shall be
in ink on tracing cloth to a scale of not less than one inch equals
100 feet and be accompanied by a key map. The final plat shall conform
to the preliminary plat as approved by the Board, having thereon all
changes and modifications required by the Board as conditions of tentative
approval, and shall show:
(1) The full plan of development, including street lines, lot lines,
building lines and areas to be dedicated to street, park and other
public purposes; complete linear and angular dimensions of the whole
tract comprising the subdivisions and of every lot and parcel within
its boundaries;
(2) The names of adjoining subdivisions, if any, and the file number
of the recording, or the names of the owners of adjoining properties;
(3) Lengths of tangents, radii, arcs and chords and central angles for
all center line curves on streets;
(4) Tangents, chord, arc, radius and central angle at all street corners;
(5) Monuments placed in compliance with N.J.S.A. 46:23-9.11r;
(6) The boundary lines of the subdivision, completely dimensioned. Boundary
survey data shall be balanced and indicate an error of closure of
no more than one in 10,000. Where feasible, the control points of
the subdivision shall be referenced to three permanent coordinated
monuments. Feasibility shall be at the determination of the Township
Engineer;
(7) Watercourses, easements and drainage courses existing or dedicated
by the filing of the plan;
(8) A title which shall indicate a final plat and include the name of
the subdivision, the name of the subdivider and the name of the certifying
engineer or surveyor;
(9) A certificate by the engineer or surveyor to the effect that the
plan is correct; and a statement duly acknowledged and signed by the
owner of the property to the effect that the subdivision shown thereon
is made with his/her free consent and in accordance with his/her desires.
No building permits shall be issued until there is full compliance
with the provisions of this chapter.
Incorporated by reference are the provisions set forth in §
410-133, Effect of final major site plan approval, of Chapter
410, Zoning, of the Code of the Township of Ocean as it affects final major subdivision approval.