A.
Any owner of land within the City shall, prior to subdividing or resubdividing land containing not more than 10 lots as described in this chapter, submit to the Secretary of the Planning Board, at least one week prior to the regular meeting of the Board, an application for minor subdivision approval, together with a sketch plat and legal descriptions of the proposed subdivision on prescribed forms, together with an application fee as set forth in Chapter 155, Fees.
B.
If classified and approved as a minor subdivision by majority action of the Board, a notation to that effect shall be made in the sketch plat. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant. Whenever County Planning Board approval is required, the City Planning Board shall forward a copy of the subdivision to the County Board for its consideration. If variances are required, the time for approval and notice provisions shall be as set forth in the applicable provisions of the amended Chapter 223, Land Development. Upon the approval by Planning Board resolution of the minor subdivision plat, the plat shall be signed by the Planning Board Chairperson and Secretary and returned to the subdivider with the date of approval marked thereon, accompanied by a copy of the resolution approving the minor subdivision, with or without variance and conditions.
C.
Coincident with the forwarding of the signed minor subdivision map
and resolution to the subdivider, the Secretary of the Planning Board
shall furnish one copy of the approved subdivision map and resolution
to the following municipal officers:
D.
The City Clerk shall keep a proper record of all approvals or disapprovals
forwarded to him/her by the Board, in a separate book for this purpose,
each approval or disapproval to be separately numbered.
E.
The Tax Assessor, upon receipt of subdivision approval, legal descriptions
and sketch plat, shall take the necessary steps for apportionment.
F.
Approval of the minor subdivision shall expire 190 days from the
date of the resolution granting approval unless, within such period,
a plat prepared in conformity with such approval and drawn in accordance
with the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,[1] or a deed clearly setting forth the metes and bounds of
the approved minor subdivision by description or map reference and
signed by the Chairperson and Secretary of the Planning Board is filed
by the developer with the County Register's Office and the City
Tax Assessor. Recordation of the minor subdivision plat or deed within
the prescribed period shall guarantee the developer that the zoning
requirements and general terms and conditions, whether conditional
or otherwise, upon which such minor subdivision approval was granted
shall not change as regards the lots which comprised the minor subdivision
for a period of two years from the date of minor subdivision approval
by the Planning Board.
[1]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed by
P.L. 2011, c. 217, effective 5-1-2012.
G.
If the subdivision is classified by the Board as a major subdivision, then a notice to that effect shall be sent by the Board to the subdivider applicant for compliance with the procedure in § 370-6.
H.
If any person shall be aggrieved by the action of the Planning Board,
an appeal, in writing, to the Board of Commissioners 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 Board of Commissioners 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 Board of Commissioners, and
the applying party shall be given a copy. In the event the Board of
Commissioners reverses the appeal and approves the minor subdivision,
they shall notify the following:
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 City Clerk two weeks prior to the Planning Board
meeting at which consideration is desired. At the time of filing,
a fee to be determined by the Planning Board shall be paid to the
City Clerk to cover the costs of publishing notice and of notifying
the persons concerned of the pending hearing on such subdivision.
The City Clerk shall immediately notify the Secretary of the Planning
Board upon receipt of a preliminary plat.
B.
The subdivider shall notify, by mail at least five days prior to the hearing, all owners of adjoining property and directly across the street and also within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record. The notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of such subdivision has been filed with the City Clerk for public inspection. Upon the written request of an applicant, the City shall make and certify within seven days a list of those persons to whom notice is required to be given. The City shall charge a fee as set forth in Chapter 155, Fees, for this service. The subdivider shall also cause such notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the City at least 10 days prior to the hearing. Proof of publication and service shall be filed with the Planning Board prior to the hearing.
[Amended 5-21-2013]
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.
Upon the submission to the Secretary of the Planning Board of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a subdivision of more than 10 lots, the Planning Board 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.
If the Planning Board required any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a public hearing, the Planning Board shall deny the original application
without prejudice to the developer filing an amended complete application
within 60 days thereafter in conformance with the recommendations
of the Planning Board for a re-review and dispositive action. Upon
the filing of an amended complete application by the developer with
the Secretary of the Planning Board within the sixty-day period, and
the payment by the developer of an additional 1/2 the fees determined
for the original application for the re-review, the Planning Board
shall review the amended complete application and render its decision
within the time periods provided for in this chapter, commencing with
the date that the amended complete application is filed with the Secretary
of the Planning Board.
E.
If, at the time during a review of an original application, the Planning Board determines that the submissions made by the developer are incomplete, the developer shall be forwarded a notice, in writing, to that effect, and the period for approval shall be terminated until a complete application has been filed with the Secretary of the Planning Board, at which time the periods for review and approval stated in Subsection D above shall commence.
F.
If the Planning Board acts favorably on a preliminary plat, with
or without specific conditions, as contained in the approving resolution,
a notation to that effect shall be made on the plat, and the plat
shall be dated as of the date of the approving resolution, signed
by the Chairperson and Secretary of the Planning Board, and a signed
copy returned to the developer. If the Planning Board does not approve
the preliminary plat, it shall be returned to the subdivider with
the findings of the reasons for disapproval.
G.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of approval:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed except where the public health and
safety require.
(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.
(3)
That the applicant may apply, before the expiration date of preliminary
approval, for extension of such preliminary approval for additional
periods of not less than one nor more than two years; provided, however,
that the subdivision review standards in effect at the time of filing
for the preliminary approval extension shall apply to the subdivision,
and the developer shall file an amended preliminary plat with the
Planning Board incorporating such changes for review and approval.
H.
After approval of a preliminary plat of a major subdivision, no improvements
shall be installed nor any building permits shall be issued until:
(1)
The applicant has paid all municipal charges for tax and improvement
assessments.
(2)
The applicant has obtained from the Municipal Engineer and filed
with the Planning Board an estimate of the cost of construction of
such streets, on-site, off-tract and other improvements as are required
by the preliminary approval.
(3)
That the applicant has obtained final subdivision approval from the
Planning Board and filed with the City Clerk those guarantees required
by the applicable sections of this chapter. The Planning Board, after
obtaining the advice of the Municipal Engineer, may authorize the
installation of improvements by the applicant prior to and in lieu
of filing guarantees, in part or in whole, where the health, safety
and general welfare of the public requires it.
A.
The final plat shall be submitted to the City Clerk for forwarding
to the Planning Board for final approval within three years from the
date of preliminary approval. The City 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 City Clerk.
B.
The original tracing, one translucent tracing cloth copy, two cloth
prints, 10 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 City Engineer
that he/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:
D.
Any plat which requires County Planning Board approval pursuant to
N.J.S.A. 40:55D-1 et seq. shall be forwarded to the County Planning
Board for its action prior to final approval by the Board of Commissioners.
E.
Final approval shall be granted or denied by the Planning Board within
45 days after submission and filing of the application to the Secretary
of the Planning Board, or within such further time as may be consented
to by the applicant in writing or on the record of a public meeting.
In the event that a complete application has not been filed by the
applicant in accordance with all of the terms and provisions of this
chapter, the Planning Board shall deny the original application without
prejudice to the developer filing an amended complete application
within 60 days thereafter in accordance with recommendations of the
Planning Board for re-review and dispositive action. Upon the filing
of an amended complete application by the applicant with the Secretary
of the Planning Board within the sixty-day period, and the payment
by the applicant of an additional 1/2 the fees determined for the
original application for the re-review, the Planning Board shall review
the amended complete application and render its decision within the
time periods provided for in this chapter, commencing with the date
that the amended complete application is filed with the Secretary
of the Planning Board.
F.
Upon approval of the final plat and the applicant's filing the
required guarantees with the City Clerk in accordance with the Planning
Board resolution and in a form acceptable to the Corporation Counsel,
a notation of approval shall be made on each plat, and the plats shall
be signed by the Secretary and Chairperson of the Planning Board,
the City Seal affixed and dated as of the date of the affixation of
the last signature.
G.
If any person shall be aggrieved by the action of the Planning Board,
appeal in writing to the Board of Commissioners 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 Board
of Commissioners 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 Board of Commissioners, and the applying
party shall be given a copy.
J.
Failure of the Planning Board to act within 45 days from the time
a completed application is filed or in such extended time as the applicant
may consent to shall be deemed as approval of the plan as submitted,
and the City Clerk, as the administrative officer contemplated by
N.J.S.A. 40:55D-56, upon written request and the payment of the required
fee, shall issue a certificate as to subdivision of land to that effect.
