[1988 Code § 132-1]
The purpose of this chapter is to provide rules, regulations
and standards to regulate the division or subdivision of lots within
the Borough.
[1988 Code § 132-2; Ord. No. 624-13]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean the Borough of Cape May Point.
Shall mean the Cape May County Planning Board.
Shall mean any parcel of land within the Borough which is
separately designated on the Borough tax assessment records at the
time of the adoption of this chapter.
Shall mean the Borough of Cape May Point Planning Board.
Shall mean the division of a lot into two or more parcels
or tracts of land or the changing of dimensions or lines of any lot.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean a subdivision of land fronting on an existing
improved street that does not involve (1) the creation of more than
three lots (two new lots and the remaining parcel); (2) any new street
or extension of an existing street; and (3) is not a further subdivision
of an original tract of land for which previous minor subdivisions
have been approved within the past 24 months where the combination
of the proposed and approved minor subdivisions constitute a major
subdivision. Any readjustment of lot lines resulting in no new lot
shall be classified as a minor subdivision.
[1988 Code § 132-3; Ord. No. 624-13]
a.
Any owner of land, prior to subdividing the same, shall submit to
the Secretary of the Planning Board (or the Zoning Board of Adjustment
in the event a "D" variance is sought) the following:
1.
15 copies of a sketch of the proposed subdivision designated as the
"plan of subdivision," of sufficient accuracy to be used for the purpose
of discussion, which shall be prepared by a New Jersey licensed (professional
engineer) land surveyor to a scale of no less than one inch equals
20 feet and sealed with his seal. The plan must include the location
of all structures on the parcel to be subdivided.
2.
An application fee and escrow payment in the amount set forth in
Section 105-28A of the Borough Code.
b.
Upon receipt of a complete application, the Planning Board Secretary
shall place the application on the agenda of the next regularly scheduled
meeting of the Board if the taxes are paid for the subject parcel.
The Secretary shall forward one copy to the County Planning Board.
The complete application must be submitted to the Planning Board Secretary
at least 20 days before the regularly scheduled meeting of the Planning
Board at which the application is to be considered.
c.
All subdivision requests shall require the applicant to provide public
notice as required by N.J.S.A. 40:55D-12, specifically, by providing
notice to owners of all real property as shown on the current tax
duplicates located in the State and within 200 feet of all directions
of the property which is the subject of such hearing, by personal
service or certified mail, all utility agencies within the Borough,
the Cape May County Planning Board and shall provide public notice
by publication of the official newspaper of the Borough no less than
10 days prior to the meeting excluding the day of the meeting. No
subdivision shall be granted without a full public hearing held before
the Planning or Zoning Board.
d.
The Planning Board shall consider the subdivision request if the application is complete. The Planning Board may grant the subdivision request, deny the request if the applicant does not satisfy the requirements of this chapter, the statutes of the State of New Jersey or the Zoning Ordinance of the Borough or grant the request with such requirements and upon such conditions as the Board may deem necessary to effectuate the purposes of the Zoning Ordinance codified as Chapter 150 of the Borough Code.
e.
The Planning Board Secretary shall immediately notify the applicant
of approval or disapproval of the request. Within 30 days after notification
of approval, the applicant shall submit a formal plat for filing pursuant
to N.J.S.A. 46:26A-1 et seq. to the Planning Board Secretary for signature
by the Chairman and Secretary of the Planning Board.
f.
All approved minor subdivision shall require that the subdivision
plan be filed with the Cape May County Clerk's Office within
the time frame set forth in the Municipal Land Use Law and Map Filing
Law. Subdivisions may not be filed by deed.
[1988 Code § 132-4]
If before the final subdivision plan or deed or subdivision
has been signed by the Chairman and Secretary, any person, firm, corporation
or other entity shall transfer or convey, as owner or agent, any land
for which a subdivision is required, such person, firm, corporation
or other entity shall be subject to the penalties provided by N.J.S.A.
40:55D-55.
