Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Borough of Manasquan, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1972 Code § 95-1; Ord. No. 1098]
This chapter shall be known and may be cited as the "Land Subdivision Regulations of the Borough of Manasquan."
[1972 Code § 95-2; Ord. No. 1098]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Manasquan, in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[1972 Code § 95-3; Ord. No. 1098]
The approval provisions of this chapter shall be administered by the Planning Board of the Borough of Manasquan in accordance with Chapter 291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
[1972 Code § 95-4; Ord. No. 1098]
The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to such matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this chapter is impracticable or will exact undue hardship, the Planning Board may permit such variances as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter.
[1972 Code § 95-5; Ord. No. 1098]
No development permit or development certificate of occupancy shall be issued unless all improvements required by this chapter have been installed, except as noted in Section 32-6.
[1972 Code § 95-6; Ord. No. 1098]
a. 
A development permit or development certificate of occupancy may be issued if all improvements have been installed except the finish course of the road and the Borough Engineer warrants that completion of the road is in the Borough's interest after the subdivider has completed construction of dwellings and structures. The maintenance guaranty required hereafter shall not begin until the finish course has been installed.
b. 
The Planning Board may also authorize the issuance of a temporary certificate or permit if the following improvements have been bonded but not yet installed: landscaping, sidewalks or other similar improvements. Prior to the issuance of more than 50% of the development certificates of occupancy for a subdivision, all improvements shall have been constructed or installed.
[1972 Code § 95-7; Ord. No. 1098; Ord. No. 1940-04 § 1]
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for the approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit.
APPROVING AUTHORITY
Shall mean the Planning Board of the municipality, unless a different agency is designated by this chapter or State Statute.
CURB GRADE
Shall mean the established elevation of the curb in front of the building, measured at the center of such front. Where no curb grade has been established, the Borough shall establish such curb level or its equivalent for the purpose of this chapter.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other persons having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this act.
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
FINAL APPROVAL
Shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.
GRADE
Shall mean a reference plan representing the average of finished ground level adjoining the building at all exterior walls.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
Shall mean the completed area contained within the lot lines, but not including any street rights-of-way.
LOT FRONTAGE
Shall mean the distance measured along the major street line of a lot when the sidelines of the lot are at right angles to the street; and when the side lines are not at right angles to the street, the distance shall be measured across said lot at right angles to either side line, provided that the width of a lot shall not be less than the minimum frontage required for the particular zone in which the lot is located.
LOT LINE, FRONT
Shall mean the line separating the lot from a street.
LOT LINE, REAR
Shall mean the lot line or lines opposite the most distant from the front lot line.
LOT WIDTH
Shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
LOT, CORNER
Shall mean a lot bounded by two or more streets at their intersection.
LOT, DEPTH
Shall mean the main distance between the front and rear lot lines measured in the general direction of the side lines of the lot.
LOT, INTERIOR
Shall mean any lot other than a comer lot.
LOT, IRREGULAR
Shall mean any lot in the shape of a rectangle.
MAJOR SUBDIVISION
Shall mean all subdivisions not classified as minor subdivision.
MASTER PLAN
Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of Chapter 291 of the Laws of 1975.[1]
MINOR SUBDIVISION
Shall mean a subdivision of land that does not involve the creation of more than two lots fronting on an existing street; planned development; any new street; or extension of any off-tract improvement and that does not adversely affect the development of the remainder of the parcel or adjoining property.
OFFICIAL MAP
Shall mean a map adopted in accordance with Article 5 of Chapter 291 of the Laws of 1975.[2]
OWNER
Shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTY
Shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLANNED UNIT DEVELOPMENT
Shall mean an area of land, controlled by a landowner, to be developed as a single entity for a number of specified uses, the plan for which does not correspond in lot size, bulk or type of dwelling or commercial use, density, lot coverage and required open space to the regulations established in any one or more districts created in the Zoning Ordinance.[3]
PLANNING BOARD
Shall mean the Planning Board established pursuant to Chapter 291 of the New Jersey Public Laws of 1975.[4]
PLAT
Shall mean a map or maps of a subdivision.
PRELIMINARY PLAN
Shall mean the preliminary map indicating the proposed layout of the subdivision.
SKETCH PLAT
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of subsection 32-13.1a of this chapter.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this act; or which is shown on a plat duly filed and recorded in the Office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:
a. 
shall mean those which are used primarily for fast or heavy traffic.
b. 
shall mean those which carry traffic from minor streets to the major system or arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
c. 
shall mean those which are used primarily for access to the abutting properties.
d. 
shall mean minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testmentary or intestate provisions; divisions of property upon Court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
Shall mean a committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
VARIANCE
Shall mean permission to depart from the literal requirements of this chapter pursuant to the conditions set forth in Section 32-4.
WETLANDS
Shall mean coastal marshlands designated as wetlands pursuant to the Wetlands Act of 1970 (P.L. 1970, c. 272, N.J.S.A. 13:9A-1 et seq.).
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
[2]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[3]
Editor's Note: See Chapter 35, Zoning.
[4]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
[1972 Code § 95-8; Ord. No. 1098]
Any applicant wishing to subdivide or resubdivide land within the Borough of Manasquan shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all regular meetings of the Planning Board wherever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application for that particular meeting if applicant's or his agent's absence deprives the Planning Board of information necessary to make a decision.
[1972 Code § 95-9; Ord. No. 1098; Ord. No. 2180-15]
a. 
Applicants for subdivision approval may attend a preapplication conference prior to submitting any application for subdivision. The fee for a preapplication conference shall be as stated in Chapter 16, Fees. The conference shall be designed to assist applicants in the expeditious processing of all applications and to provide for a mutual exchange of information. Applicants shall be informed of special problems or proposals relating to a particular site.
b. 
Brief minutes of the preapplication conference shall be kept and distributed to all Planning Board members.
[1972 Code § 95-10; Ord. No. 1098; Ord. No. 1226]
An applicant for the subdivision of land shall submit to the Secretary of the Planning Board an application for subdivision, the required application fee as specified herein, 10 copies of a sketch plat and other engineering documents of the proposed subdivision at least 21 days prior to a regular meeting of the Planning Board.
[1972 Code § 95-11; Ord. No. 1098]
The Planning Board or its Secretary shall determine if the application is complete and, if not, inform the applicant of any deficiencies. The Planning Board shall review the plat prior to the Planning Board meeting and classify it as a minor or major subdivision. Subdivisions failing to receive a unanimous vote as a minor exempt subdivision shall be considered a major subdivision. No plat shall be classified as a minor subdivision if it results in any remaining lands capable of being resubdivided into one or more building lots. If classified and approved as a minor subdivision, a notation to that effect will be made on the sketch plat.
[1972 Code § 95-12; Ord. No. 1098]
a. 
If classified as a minor subdivision, two copies of the plat shall be retained by the Board, and copies of the plat shall be forwarded to the following for review and comment:
1. 
Borough Engineer.
2. 
County Planning Board.
3. 
Borough Health Officer.
4. 
Borough Building Inspector or Zoning Officer.
5. 
Borough Tax Assessor.
6. 
Borough Tax Collector.
7. 
Environmental Commission.
8. 
Borough Shade Tree Commission.
b. 
The applicant shall be responsible for forwarding copies of all plats and required exhibits to the County Planning Board and should furnish a receipt indicating the delivery to the Borough and County Planning Board.
[1972 Code § 95-13; Ord. No. 1098]
Minor subdivision approvals shall be granted or denied by the Planning Board within 45 days of the date of submission of a complete application to the Planning Board Secretary or within such further time as may be consented to by the applicant. The Planning Board shall not approve or conditionally approve the minor subdivision prior to receipt of comments by the above agencies or officials until 30 days has elapsed from referral without any comments. If approved, a notation to that effect shall be made on the plat, and it shall be signed by the Planning Board Chairman and the Planning Board Secretary and returned to the subdivider within one week following the next regular meeting of the Planning Board. If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be returned to the applicant. The Planning Board may attach conditions of approval to any minor subdivision.
[1972 Code § 95-14; Ord. No. 1098]
If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960 or a deed clearly describing the approved minor subdivision stamped or signed and dated by the Planning Board Chairman and Secretary shall be filed with the County Recording Officer within 190 days from the date of approval. Failure to file within 190 days shall void the subdivision approval.[1]
[1]
Editor's Note: N.J.S.A. 46:23-9.9.
[1972 Code § 95-15; Ord. No. 1098]
Any lands, lots or parcels resulting from a minor subdivision shall not be resubmitted as a minor subdivision.
[1972 Code § 95-16; Ord. No. 1098]
Before the Planning Board Secretary returns any approved minor subdivision to the subdivider, the applicant shall provide the Secretary with a certificate of filing from the County Clerk's Office. The Secretary shall distribute copies of the approved subdivision to the agencies listed in subsection 32-8.5a.
[1972 Code § 95-17; Ord. No. 1098]
The granting of minor subdivision approval shall guarantee that the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.
[1972 Code § 95-18; Ord. No. 1098; Ord. No. 1226]
At least 10 black-on-white prints of the preliminary plat, together with three completed application forms for preliminary approval, and all fees shall be submitted to the Planning Board Secretary 21 days prior to the Planning Board meeting at which consideration is desired.
[1972 Code § 95-19; Ord. No. 1098]
The following exhibits shall be filed with all preliminary plats:
a. 
Two copies of an affidavit of ownership or a letter from the owner authorizing submission of the plat.
b. 
Two copies of a letter of intent stating the following information, if known:
1. 
Type of structure(s) to be erected.
2. 
Approximate date of start of construction.
3. 
Priority of construction (point or location), if appropriate.
4. 
A tentative section plan for the entire subdivision indicating all facilities, including the estimated number of lots on which final approval will be requested for the first section.
5. 
Other information as may be required by this chapter.
[1972 Code § 95-20; Ord. No. 1098]
a. 
Copies of the preliminary plat and exhibits shall be forwarded immediately upon receipt to the following persons or agencies:
1. 
Borough Engineer.
2. 
Borough Health Officer.
3. 
Borough Building Inspector or Zoning Officer.
4. 
County Planning Board.
5. 
Environmental Commission.
6. 
Borough Tax Collector.
7. 
Borough Tax Assessor.
8. 
Borough Shade Tree Commission.
b. 
The applicant shall be responsible for forwarding all preliminary plans and exhibits to the County Planning Board and other required agencies set forth hereunder.
[1972 Code § 95-21; Ord. No. 1098]
The officials and agencies shall forward their views and recommendations in writing to the Planning Board within 30 days from the receipt of the plat. The preliminary plat should be referred to the Subdivision Committee for review and recommendations. The Planning Board may recommend certain changes based on its review and the comments of other officials and agencies. A full report of all meetings, recommendations and discussions shall be forwarded to the Planning Board within 30 days after receipt of the plat by the Committee. If the application is found to be deficient, the applicant shall be notified within 45 days of submission, and such notification shall constitute a rejection of the application.
[1972 Code § 95-22; Ord. No. 1098]
After all comments have been received or after 30 days have elapsed and after the applicant has revised the plat to meet required changes, the Planning Board shall, after a review of the plat and if all requirements are met and the application is complete, set the date for the public hearing and shall notify the subdivider of such date.
[1972 Code § 95-23; Ord. No. 1098; Ord. No. 2180-15]
The applicant shall give notice to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property that is the subject of the hearing, by serving a copy thereof on each such owner or his agent in charge of the property or by mailing a copy thereof by certified mail to each such owner at his address as shown on the tax duplicate. Notice to a partnership owner may be given to any partner, and notice to a corporate owner may be given to its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. The Tax Assessor shall, within seven days after written request by applicant, make and certify a list from the current tax duplicate of the names and addresses of the property owners entitled to notice as aforesaid, and a fee as stated in Chapter 16, Fees, shall be charged for the list. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
[1972 Code § 95-24; Ord. No. 1098]
The notice shall state the date, time and place of the hearing, the nature of the matters to be considered and the location and times at which any maps and documents proposed or for which approval is sought are available in the Office of the Planning Board Secretary. In addition, the notice shall contain an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Assessor's Office. Also, notice of any application shall include reference to all requests made in conjunction therewith.
[1972 Code § 95-25; Ord. No. 1098]
The applicant 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.
[1972 Code § 95-26; Ord. No. 1098]
Notice shall also be given by personal service or certified mail to the Clerk of any adjoining municipality for an application involving property located within 200 feet of such municipality.
[1972 Code § 95-27; Ord. No. 1098]
Notice shall also be given by personal service or certified mail to the County Planning Board for development of property adjacent to an existing County road or a proposed road shown on the Official County Map or County Master Plan or property adjoining other County land or property situated within 200 feet of a municipal boundary.
[1972 Code § 95-28; Ord. No. 1098]
Notice shall also be given by personal service or certified mail to the Commissioner of Transportation in cases of applications for development of property adjacent to a State highway.
[1972 Code § 95-29; Ord. No. 1098]
The following shall be submitted to the Planning Board by the applicant:
a. 
Notice and Proof of Publication. Proof of compliance with this section shall be done by affidavit of the applicant duly supported by proof of publication from the newspaper used to advertise the hearing.
b. 
Affidavit. Affidavit of notice of public hearing to persons and agencies served, giving a list of the names, addresses and lot and block numbers of owners so notified, how served, date of service and a copy of the notice and mail receipt.
[1972 Code § 95-30; Ord. No. 1098]
Preliminary approval shall be granted or denied on applications to the Planning Board for a major subdivision of 10 or fewer lots within 45 days, and for a major subdivision of more than 10 lots within 95 days, after 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.
[1972 Code § 95-31; Ord. No. 1098]
a. 
The Planning Board shall act on the plat within the applicable time period set forth in this chapter. Failure of the Planning Board to act within the applicable time period or within a time extension mutually agreed upon shall be considered an approval. If the Planning Board disapproves a plat, the reasons for the disapproval shall be communicated in writing to the applicant within 10 days of the date of the decision and advertised as required by this chapter. No action shall be taken until receipt of County Planning Board review or until 30 days have elapsed from date of referral to the County Board.
b. 
If substantial changes or amendments are required, such as changes to the drainage and circulation pattern, lot configuration or number of lots, as a result of the public hearing or of the Planning Board deliberations, the applicant may be required to resubmit the plat for preliminary approval.
[1972 Code § 95-32; Ord. No. 1098]
a. 
The Planning Board shall approve, conditionally approve or reject the application. Approval or conditional approval confers upon the applicant the following rights for a three-year period from the date of approval or conditional approval:
1. 
That 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 Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
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.
b. 
If either the Planning Board or County Planning Board disapproves a plat, the reason for disapproval shall be remedied prior to further consideration. If approval is required by any other officer or public body, the same procedure as applies to submission to and approval by the County Planning Board shall apply. The Planning Board may grant conditional approval subject to the subsequent approval of other officers or public bodies.
[1972 Code § 95-33; Ord. No. 1098]
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.
[1972 Code § 95-34; Ord. No. 1098]
Whenever review or approval of any application by the County Planning Board is required by Section 5 or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3, 40:27-6.6), the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.
[1972 Code § 95-35; Ord. No. 1098]
Each decision of a municipal agency on any subdivision application shall be in writing and shall include findings of fact and conclusions based thereon.
[1972 Code § 95-36; Ord. No. 1098]
A copy of each decision shall be mailed by the Planning Board, within 10 days after the date of decision, to the applicant or, if represented, then to his attorney, without separate charge, and to all others upon request, for a reasonable fee.
[1972 Code § 95-37; Ord. No. 1098]
A copy of each decision shall also be filed by the municipal agency in the Office of the Planning Board Secretary, who shall make a copy of the filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
[1972 Code § 95-36; Ord. No. 1098]
A brief notice of each decision shall be published by the Planning Board Secretary, and the municipality may make a reasonable charge for such publication. The applicant also may cause such publication to be made if he so desires. The time for approval from the decision shall run from the first publication, whether made by the administrative officer or the applicant.
[1972 Code § 95-39; Ord. No. 1098; Ord. No. 1226]
a. 
The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided herein. One original tracing, one translucent cloth copy, two cloth prints and 10 black and white prints with three copies of an application for final approval and the appropriate fees as required in subsection 32-21.1 herein shall be submitted to the Secretary of the Planning Board at least 21 days prior to the regular meeting of the Planning Board.
b. 
Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board, including conditions of preliminary approval. The applicant shall submit an affidavit indicating no changes or those changes noted.
[1972 Code § 95-40; Ord. No. 1098; New]
The following exhibits shall accompany the application for final approval, in addition to any other exhibits that may have been required by the Board as a condition of final approval:
a. 
Borough Engineer. A letter from the Borough Engineer indicating:
1. 
The Engineer is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed.
2. 
The subdivider has either completed the installation of all improvements in accordance with the requirements of this chapter or posted with the Municipal Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements herein or incompleted portions thereof as estimated by the Borough Engineer, assuring the installation of such improvements on or before an agreed date.
3. 
All items and amounts required for the corporate surety maintenance guaranty.
4. 
The final plat conforms to the preliminary plat as submitted and approved.
b. 
Tax Collector. A letter from the Tax Collector indicating that all taxes and assessments for local improvements have been paid to date on the property.
c. 
Clerk.
1. 
A letter from the Municipal Clerk indicating that the amount, form and content of the maintenance guaranty have been accepted by the Governing Body.
2. 
A letter from the Chief Financial Officer, where appropriate, pursuant to this chapter, indicating that monies as provided therein have been paid to the Borough as reimbursement for engineering inspection costs of improvement construction or installation incurred since preliminary approval.
[1972 Code § 95-41; Ord. No. 1098; New]
Copies of the final plat shall be distributed to the following:
a. 
Municipal Clerk.
b. 
Borough Engineer.
c. 
Borough Building Inspector.
d. 
Borough Tax Assessor.
e. 
County Planning Board.
f. 
Borough Fire Inspector.
g. 
Monmouth County Health Department.
h. 
Other municipal or County agencies or authorities as may be required.
[1972 Code § 95-42; Ord. No. 1098]
Final approval of major subdivisions shall be granted or denied on applications made to the Planning Board within 45 days after 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. If the Planning Board approves the final plat, a notation to that effect shall be made on each plat, signed by the Chairman and Secretary of the Planning Board. 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.
[1972 Code § 95-43; Ord. No. 1098]
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-6.2 shall be forwarded to the County Planning Board for its action. The Planning Board may grant final approval subject to approval by the County Planning Board as provided in subsection 32-10.17.
[1972 Code § 95-44; Ord. No. 1098]
The final plat approval shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time for the filing of the plat for an additional period not to exceed 95 days. No plat shall be accepted for filing by the Clerk of the County of Monmouth unless it has been duly approved by the Borough of Manasquan Planning Board and signed by its Chairman and Secretary.
[1972 Code § 95-45; Ord. No. 1098]
The granting of final approval shall guarantee to the applicant that the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that these rights shall expire if the plat has not been duly recorded within the prescribed time period.
[1972 Code § 95-46; Ord. No. 1098]
If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required by 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 for the section granted final approval.
[1972 Code § 95-47; Ord. No. 1098]
Each decision of a municipal agency on any subdivision application shall be in writing and shall include findings of fact and conclusions based thereon.
[1972 Code § 95-48; Ord. No. 1098]
A copy of each decision shall be mailed by the Planning Board agency, within 10 days after the date of decision, to the applicant or, if represented, then to his attorney, without separate charges, and to all others upon request, for a reasonable fee.
[1972 Code § 95-49; Ord. No. 1098]
A copy of each decision shall also be filed by the municipal agency in the Office of the Planning Board Secretary, who shall make a copy of the filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
[1972 Code § 95-50; Ord. No. 1098]
A brief notice of each decision shall be published by the Planning Board Secretary, and the municipality may make a reasonable charge for such publication. The applicant also may cause such publication to be made if he so desires. The time for appeal from the decision shall run from the first publication, whether made by the administrative officer or the applicant.
[1972 Code § 95-51; Ord. No. 1098]
a. 
Sketch Plat. The sketch plat shall be based on Tax Map information or some other similarly accurate base at a scale (preferable not less than 100 feet to the inch) to enable the entire tract to be shown on one sheet and shall show or include the following information:
1. 
The location of that portion which is to be subdivided in relation to the entire tract.
2. 
All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.
3. 
The name of the owner and all adjoining property owners as disclosed by the most recent municipal tax records.
4. 
The Tax Map sheet, block and lot numbers.
5. 
All streets or roads and streams within 500 feet of the subdivision.
b. 
Preliminary Plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designated and drawn by a licensed (New Jersey) land surveyor. The plat shall be designed in compliance with the provisions of subsection 32-10.1 of this chapter and shall show or be accompanied by the following information:
1. 
A key map showing the entire subdivision and its relation to surrounding areas.
2. 
The tract name; Tax Map sheet, block and lot number; date; reference meridian; graphic scale; and the following names and addresses:
(a) 
Name and address of record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of person who prepared map, with official designation.
3. 
Acreage of tract to be subdivided to nearest 1/10 of an acre.
4. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and center-line profiles for all proposed new streets, including any necessary drainage.
5. 
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas, rock formations and wetlands.
6. 
Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewerage disposal system is proposed, the plan for such must be approved by the appropriate local, County or State health agency. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved.
7. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
8. 
The plat shall show the base flood elevation for the property in question as established by the Flood Hazard Boundary Map of the Borough of Manasquan.
c. 
Final Plat.
1. 
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 50 feet and in compliance with all the provisions of Chapter 141 of the Laws of 1960. The final plat shall show or be accompanied by the following:[1]
(a) 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
(b) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and central angles of all curves.
(c) 
The purpose of any easement or land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.
(d) 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with No. 1.
(e) 
Minimum building setback line on all lots and other sites.
(f) 
Location and description of all monuments.
(g) 
Names of owners of adjoining unsubdivided land.
(h) 
Certification by a surveyor as to accuracy of details of the plat.
(i) 
Certification that the applicant is owner of the land or that the owner has given consent under an option agreement.
(j) 
When approval of a plat is required by any officer or body of such a municipality, County or State, approval shall be certified on the plat.
(k) 
Profiles and typical sections of streets approved by the Municipal Engineer may be required to accompany the final plat.
(l) 
Contours at five foot intervals for slopes averaging 10% or greater and at two foot intervals for land of lesser slope.
(m) 
Plans and profiles of storm and sanitary sewers and water mains.
[1]
Editor's Note: N.J.S.A. 46:23-9.9.
[1972 Code § 95-52; Ord. No. 1098]
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
a. 
Development Pattern. The subdivision plat shall conform to design standards that will encourage the most appropriate development pattern within the Borough.
b. 
Reservation of Public Areas. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways or other public areas within the proposed development, before approving a subdivision the Planning Board may further require that such streets or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways or public areas shown on the plat for a period of one year after the approval of the final plat or for such further time as may be agreed to by the developer. Unless during such period or extension thereof the Borough shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways or public areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
c. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
[1972 Code § 95-54; Ord. No. 1098; New]
a. 
Streets.
1. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and, where necessary in order to promote the orderly flow of traffic and for the safety, welfare and convenience of the public, shall be such as to provide for the appropriate extensions to adjoining properties.
2. 
Minor streets shall be designed so as to discourage through traffic.
3. 
The right-of-way width shall be measured to the lot line and shall not be less than the following:
(a) 
Arterial streets: 80 feet.
(b) 
Collector streets: 60 feet.
(c) 
Minor streets: 50 feet.
(d) 
The right-of-way width for internal roads and alleys in multifamily, commercial, industrial and planned unit developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.
(e) 
Cul-de-sac or dead-end turnarounds. Cul-de-sac or dead-end turnarounds shall have a minimum radius of 40 feet in the curb, right-of-way minimum of 50 feet and pavement width of 18 to 24 feet. Landscaped islands shall be provided where required by the Planning Board.
4. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Governing Body under conditions approved by the Planning Board.
5. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
6. 
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.
7. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet and shall have a clear sight triangle of not less than 30 feet.
8. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
9. 
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
10. 
All changes in grade shall be connected by vertical curves with a rate of change not to exceed 4% per 10 feet of road.
11. 
Maximum grade within any intersection shall not exceed 3% and approaches to any intersection shall follow a straight course within 100 feet of the intersection.
12. 
No street shall have a name which will duplicate or nearly duplicate so as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
13. 
Sidewalks. Sidewalks, where required, shall be a minimum of four feet in width.
14. 
Traffic Signs and Control Devices. These improvements, such as stop, yield and one-way signs, etc., shall be designed and installed in accordance with applicable Federal, State and County regulations. Recommendations as to their installation may be made by the Police Department or other competent agency.
b. 
Blocks.
1. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance and to provide for convenient access, circulation control and safety of street traffic.[1]
[1]
Editor's Note: See Ch. 35, Zoning.
2. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.
3. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
4. 
New block numbers shall be assigned by the Tax Assessor in the manner provided by N.J.A.C. 18:23A-1.9.
c. 
Lots.
1. 
Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 35, Zoning.
2. 
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
3. 
Each lot must front upon an approved street which is at least 50 feet in width, except lots fronting on streets described in subsection 32-16.1a3(d) of this chapter.
4. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.
5. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
6. 
New lot numbers shall be assigned by the Tax Assessor in the manner provided by N.J.A.C. 18:23A-1.10(g).
d. 
Public Use and Service Areas.
1. 
In a large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.
2. 
Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with width or construction or both, as will be adequate for the purpose.
3. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
e. 
Drainage facilities shall be designed and located so as to minimize flood damage. New utilities shall be located and designed so as to eliminate flood damage and to minimize or eliminate infiltration of floodwater into sewage and water systems. The stormwater disposal system shall include all or some of the following: curbs, catch basins, culverts, pipes, stormwater drains, swales, drainage rights-of-way, ditches, channel improvements, riprap, retention and detention basins, or combinations of all or some of the above where appropriate. It may also include ground cover seeding, trees, shrubs, bushes and vegetation.
f. 
Sanitary Sewage Disposal. A sanitary waste disposal system shall include all or some of the following: pipes and necessary appurtenances, such as manholes, handholes, pumping stations, drainage tiles, valves and siphons.
g. 
Water. A water system shall include all or part of the following: pipes and necessary appurtenances of sufficient size, material and capacity, pumps, valves, pumping stations, standpipes and fire hydrants. Fire hydrants shall be of a design and type approved by the Borough and shall be installed in accordance with Borough requirements.
h. 
Private Utilities. Gas lines, telephone lines, electrical services, cable television and similar utilities when installed shall consist of those elements required by the applicable utility, Federal, State or local law.
i. 
Natural Improvements. These improvements shall include all or some of the following: shade trees, topsoil, earth removal, borrow and fill, improvements to prevent erosion and landslides and improvements to prevent damage to adjacent property and to protect vistas and existing natural growth.
j. 
Monuments. Monuments shall be of such size and shape and properly located as required by the Map Filing Law.
k. 
Shade Trees. Shade trees are to be provided in accordance with requirements of the Manasquan Shade Tree Commission.
l. 
Topsoil Protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
m. 
Grades. All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor. One copy of all cut sheets, signed by a land surveyor or professional engineer, shall be filed with the Borough Engineer 24 hours prior to the commencement of any construction.
n. 
Streetlights. Streetlights shall be installed as required by the Planning Board.
o. 
Disposal of Dead Trees, Litter, Building Materials. Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Building Inspector prior to issuing an occupancy permit.
p. 
During Construction. During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon an order by the Building Inspector or other authorized personnel.
[1972 Code § 95-54; Ord. No. 1098]
Prior to the start of the construction or installation of such improvements, the developer shall advise the Borough Engineer 24 hours prior to the commencement of such work. No underground installation shall be covered until inspected and approved by the appropriate official. If, during installation of any of the required improvements, the developer fails to meet specification requirements or to correct unacceptable work, the developer shall be notified in writing, by certified mail, that the developer has failed to comply with specifications or to correct unacceptable work properly, and the notice shall set forth in detail what has not been properly installed. If, within 10 days after mailing of such notice, the developer has failed to perform in accordance with the notice, the Borough shall then cause the notice of failure to comply to be served upon the developer, and a copy shall be sent to the Governing Body and Planning Board.
[1972 Code § 95-55; Ord. No. 1098]
Prior to or during construction, the Borough Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health hazard. These conditions may result from erosion and landslide, flooding, heavy construction, traffic, creation of steep grades and pollution. Improvements may include berms, mulching, sediment traps, detention and retention basins, grading, plantings, retaining walls, culverts, pipes, guardrails, temporary roads and others appropriate to the specific condition. All temporary improvements shall remain in place and in operation until otherwise directed by the Borough Engineer.
[Ord. No. 1975-06; Ord. No. 1993-07 § 1; Ord. No. 2008-07 §§ 14]
a. 
Findings.
1. 
The Borough Council adopted Ordinance No. 1975-06 on April 17, 2006.
2. 
The Borough Council adopted Ordinance No. 1993-07 on February 26, 2007.
3. 
Ordinance No. 2008-07, which is attached in its full version, is a composite of Ordinance No. 1975-06 and Ordinance No. 1993-07. This ordinance is adopted by reference and is incorporated as if fully set forth at length herein.
b. 
Copies on File. Three copies of this ordinance are on file in the Office of the Municipal Clerk for use and examination by the public. Copies of this ordinance are available for purchase upon payment of the maximum fee established by N.J.S.A. 47:1A-5b.
[1972 Code § 95-56; Ord. No. 1098]
In lieu of certified completion of all required site improvements, before recording final subdivision plats or as a condition of final site plan approval, the Planning Board shall require and accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of both on-tract and off-tract public improvements and landscaping:
a. 
The furnishing of a performance guaranty in favor of the municipality in an amount not to exceed 120% of the cost of installation for improvements, as estimated by the Borough Engineer, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping.
b. 
Provision for a maintenance guaranty to be posted with the Municipal Clerk for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance of maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.
1. 
The amount of any performance guaranty may be reduced by the Planning Board by resolution when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the body by resolution.
2. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.
3. 
When all of the required improvements have been completed, the obligor shall notify the Planning Board, in writing, by certified mail addressed in care of the Municipal Clerk of the completion of the improvements and shall send, a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Planning Board indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejections. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
4. 
The Planning Board shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor, in writing, by certified mail, of the contents of the report and the action of the Planning Board with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Planning Board to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.
5. 
If any portion of the required improvements is rejected, the Planning Board may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
6. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Planning Board or the Borough Engineer.
7. 
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements and for costs of the Municipal Attorney for services rendered to the Borough in this regard.
[1972 Code § 95-57; Ord. No. 1098]
Developers shall be required, as a condition for approval of a subdivision, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the subdivision but necessitated or required by construction or improvements within the subdivision. The following criteria shall be utilized in determining a developer's proportionate or pro rata share of necessary off-tract improvements.
[1972 Code § 95-58; Ord. No. 1098]
In cases where the reasonable and necessary need for an off-street improvement or improvements is necessitated or required by the proposed development application and when no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.
[1972 Code § 95-59; Ord. No. 1098]
In cases where the need for any off-tract improvement is necessitated by the proposed subdivision application and where it is determined that properties outside the subdivision will also be benefited by the improvement, the following criteria shall be utilized in determining the developer's proportionate share of such improvements:
a. 
Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
1. 
The capacity and the design of the sanitary sewer system shall be based on Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey Department of Environmental Protection, and all Manasquan Borough sewer design standards, including infiltration standards, and all other Manasquan Borough water drain standards.
2. 
Developer's Pro Rata Share.
(a) 
The capacity of the existing system to service the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Total enlargement or improvement cost
Developer's cost
=
Total tributary gallons per day
Development gallons per day
(b) 
If it is necessary to construct a new system in order to develop the subdivision, the enlargement share to the developer shall be computed as follows:
Total project cost
Developer's cost
=
Total tributary gallons per day to new system
Development tributary gallons per day
(c) 
The plans for the improved system or extended system shall be prepared by developer's engineer. All work shall be calculated by the developer and approved by the Borough Engineer.
b. 
Roadways. For street widening, alignment channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
1. 
The Borough Engineer shall provide the applicant's engineer with the existing and anticipated peak-hour flows for the off-tract improvements.
2. 
The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Total cost of the roadway improvement and/or extension
Developer's cost
=
Future peak-hour traffic
Future peak-hour traffic generated by the development
c. 
Drainage Improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
1. 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watershed Technical Release 55, Soil Conservation Service, United States Department of Agriculture, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Borough Engineer.
2. 
The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval of the Borough Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Borough Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total enlargement or improvement cost of drainage facilities
Developer's cost
=
Total tributary cubic feet per second
Development cubic feet per second
d. 
Escrow Accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited to the credit of the Borough in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun with 10 years of deposit, all monies and interest shall be returned to the applicant.
e. 
Computation of Pro Rata Share. In any case in which an applicant shall not provide the approving authority with the estimates of a traffic consultant engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the Borough Engineer in order to prorate costs.
[1972 Code § 95-60; Ord. No. 1098; Ord. No. 1280]
Fees, charges and regulations for the review of subdivision applications are established under Chapter 31, Planning Board, of the Code of the Borough of Manasquan.
[1972 Code § 95-61; Ord. No. 1098]
No application shall be considered by the Planning Board unless the applicant shall submit proof from the Office of the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which any development application is made.[1]
[1]
Editor's Note: See Chapter 2, Section 2-63, Payment of Delinquent Property Taxes or Assessments Required Prior to Issuance of License or Permits.
[1972 Code § 95-62; Ord. No. 1098; Ord. No. 1304; N.J.S.A. 40:55D-55]
a. 
If, before favorable referral and final approval by the Planning Board has been obtained, any person, firm or corporation transfers, sells or agrees to 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 on which, by ordinance, the Planning Board is required to act, such person, firm or corporation shall be subject to the penalty prescribed by N.J.S.A. 40:55D-55. Each parcel, plot or lot so disposed of shall be deemed a separate offense and each day that such violation exists shall constitute a separate offense.
b. 
In addition to the foregoing, the municipality may institute and maintain a civil action:
1. 
For injunctive relief.
2. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of Chapter 291 of the Laws of 1975, but only if the Borough Planning Board has adopted by ordinance standards and procedures in accordance with Section 29 of Chapter 291 of the Laws of 1975.[1], [2]
[1]
Editor's Note: N.J.S.A. 40:55D-56.
[2]
Editor's Note: N.J.S.A. 40:55D-38.
c. 
In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expenses, 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 the land or within six years, if unrecorded.
[1972 Code § 95-63; Ord. No. 1098]
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Manasquan. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
[1972 Code § 95-64; Ord. No. 1098]
In the event of a conflict between this chapter and any other ordinance, such as a Construction Code, Housing Code or Licensing Ordinance, the ordinance requiring the more restrictive regulation or the one requiring the higher set of standards shall apply.[1]
[1]
Editor's Note: See Chapter 14, Building and Housing, Section 14-1, State Uniform Construction Code Enforcing Agency.
[1972 Code § 95-65; Ord. No. 1098]
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any construction permit has been granted before the enactment of this chapter, provided that construction for such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
[1972 Code § 95-66; Ord. No. 1098]
Chapter 95, Subdivision of Land, (adopted on May 11, 1959 as Ordinance No. 701) of the Code of the Borough of Manasquan is hereby repealed. All other ordinances or parts of ordinances which are inconsistent herewith are repealed, but only to the extent of such inconsistency.