[Ord. No. 103-86 § 5]
The preliminary plat and the supporting documents described
herein shall constitute the material to be officially submitted to
the Board for all subdivision applications. The plat shall show the
general design of the subdivision and its public improvements so that,
in the case of a major subdivision, the Board can indicate its approval
or disapproval of the proposed layout of the subdivision prior to
the time that the final plat, including the design and detailing of
the public improvements and utilities is completed. Approval of the
preliminary plat for a major subdivision does not constitute an approval
of the final plat; nor will it be considered a valid basis for the
construction of site improvements to lots or for other commitments
which depend upon its design characteristics. A minor subdivision
shall be deemed to have been given final approval at the time the
preliminary plat is classified and approved.
[Ord. No. 103-86 § 5; Ord. No. 196-92 § 1; Ord. No. 319-02 §§ 1, 5; Ord. No. 341-04 § 1]
a.
Twenty copies of the preliminary plat and 20 copies of the application
form and any protective covenants and deed restrictions applicable
to the property to be subdivided shall be submitted to the Administrative
Officer at least three weeks prior to the regular meeting of the Board.
b.
(Reserved)
c.
Upon receipt of the necessary material from the applicant, the Administrative
Officer shall distribute one copy of the application form and plat
to the Zoning Officer, Construction Code Official, Board Engineer,
Board Attorney and members of the Subdivision and Site Plan Review
Committee of the Planning Board.
d.
The Subdivision and Site Plan Review Committee shall screen the application
and plat submitted for completeness and thereafter so notify the applicant
according to law.
e.
In the event the Subdivision and Site Plan Review Committee of the
Planning Board deems the application or plat to be complete, the Administrative
Officer shall so notify the developer in writing and specify, at least
20 days in advance, the date, time and place of the public meeting
at which the application will be heard by the Planning Board.
f.
In the event the Subdivision and Site Plan Review Committee of the
Planning Board deem the application or plat to be incomplete, the
Administrative Officer shall so notify the developer in writing of
the deficiencies within the time specified by law. An application
shall thereafter not be deemed complete until such time as the developer
is deemed to have satisfactorily addressed, in writing or by way of
revisions to the plat, all of the deficiencies specified by the Subdivision
and Site Plan Review Committee of the Planning Board.
g.
The Administrative Officer shall notify the developer at least 20
days prior to the meeting at which the application will be discussed
to inform the applicant whether the review will be conducted by the
Planning Board, or by the Board of Adjustment in the event of a subdivision
in connection with a variance pursuant to N.J.S.A. 40:55D-70d.
h.
The Administrative Officer shall retain two complete sets of maps
and application forms and any protective covenants and deed restrictions
applicable to the site, which shall remain on file for public inspection,
and distribute the remaining copies as follows:
1.
County Planning Board, two copies of the plat and one copy of the
application and any applicable protective covenants or deed restrictions;
2.
Borough Engineer;
3.
Municipal Clerk of adjoining municipality if lands covered by the
preliminary plat lie within two hundred (200') feet of a municipal
boundary;
4.
Commissioner of Transportation in the case of proposed subdivisions
which abut State highways; and
5.
Such other County and State officials as may be directed by the Board.
[Ord. No. 103-86 § 5]
a.
A hearing shall be held on each application for development.
b.
Public notice of the hearing shall be required to all applications
for preliminary approval of a major subdivision and for all subdivision
applications involved a variance or conditions use approval or direction
for the issuance of a permit.
c.
The Administrative Officer shall set the date, time and place for
a public hearing on the preliminary plat. The Administrative Officer
shall also inform the applicant of the date of the public hearing
at least 20 days prior to the hearing.
d.
The applicant shall give public notices of the hearing in accordance
with the requirements set forth in R.S. 55D-1 et seq., as amended.
e.
Prior to the public hearing, the applicant shall submit to the Secretary
of the Planning Board or to the Secretary of the Zoning Board as the
case may be, sufficient written proof that all notice requirements
have been properly completed.
[Ord. No. 103-86 § 5]
a.
Upon certification by the Administrative Officer of the completeness
of an application for a subdivision containing 10 lots or less, 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 in writing by the developer. Upon the certification
of the completeness of an application for a subdivision containing
more than 10 lots, or whenever an application includes a re-quest
for variance relief, conditional use approval or direction for the
issuance of a permit, 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 in writing by the developer.
b.
If the Planning Board requires or if the subdivider at his own initiative
provides any substantial change in layout, the subdivider shall submit
an amended plat which shall be proceeded upon as in the original sub-mission,
without the payment of additional fees. Should minor revisions or
additions to the plan be deemed necessary, the Planning Board may
grant its approval subject to specified conditions.
c.
If the Planning Board approves the plat, the Chairman and Secretary
of the Planning Board (or Acting Chair-man and Secretary where either
or both may be absent) shall affix their signatures to the plat.
d.
After approval of the plat by the Planning Board, copies of the signed
plat shall be furnished to each of the following within 10 days from
the date of decision:
1.
Borough Engineer;
2.
Planning Board;
3.
Construction Official;
4.
The subdivider for compliance with final approval requirements in
the case of a major subdivision, or for filing, in the case of a minor
subdivision;
5.
Such other Borough, County or State officials as directed by the
Planning Board.
e.
Preliminary approval of a major subdivision shall confer upon the
applicant those rights as set forth in N.J.S.A. 40:55D-1 et seq.
f.
If the application has been classified and approved as a minor subdivision,
a notation to that effect, including the date of classification, shall
be made on the master copy.
g.
In the event the application is disapproved by the Planning Board,
the Administrative Officer shall, within 10 days of the date of decision,
provide the applicant with a copy of the resolution of memorialization
stipulating the reasons for such rejection.
h.
In the case of a minor subdivision, a plat map drawn in compliance
with the Planning Board's approval and the Map Filing Act, P.L. 190c.
141 (c. 46:23-9.9 et seq.) or a deed or deeds clearly describing such
subdivision shall be filed by the subdivider with the County Recording
Officer within 190 days from the date of classification and approval
by the Planning Board of the minor subdivision plat. Unless filed
within the 190 days, the approval shall expire and will require Planning
Board approval as in the first instance. The zoning requirements and
general minor subdivision approval which was granted shall not be
changed for a period of two years after the date of minor subdivision
approval by the Planning Board, provided that the approved minor subdivision
shall have been duly recorded as provided in this Article.
[Ord. No. 103-86 § 5; Ord. No. 319-02 §§ 2,3; Ord. No. 494-2015 § 3]
a.
The preliminary plat shall be clearly and legibly drawn or reproduced
at a scale of not less than one (1") inch equals one hundred (100')
feet. Preliminary plats shall have be designed by a licensed New Jersey
land surveyor, architect or a licensed professional engineer.
b.
The preliminary plat shall show or be accompanied by a key map showing
the entire subdivision and its relation to surrounding areas, whether
being subdivided or not, and shall include the following information:
1.
Title Block:
(a)
Name of subdivision.
(b)
Name and address of subdivider.
(c)
Name and address of the owner or owners of record.
(d)
Name, address and membership of the professional person who
prepared the drawing.
(e)
Area of tract to be subdivided in square feet.
(f)
Total number of proposed lots or total number of proposed units
in cases involving apartments, hotels, motels or rooming houses and
other multi-family dwellings.
(g)
Scale of one (1") inch equals one hundred (100') feet.
(h)
Date of original submission and each subsequent revised submission.
2.
Sufficient elevations or contours to determine the general slope
and natural drainage of the land and the high and low points extending
two hundred (200') feet beyond the subdivision boundary.
3.
North arrow.
4.
Subdivision boundary line (heavy solid line).
5.
The location of existing and proposed bulkheads, property lines,
streets, buildings, water courses, railroads, bridges, culverts, drain
pipes, and any natural features such as wooded areas and rock formations
to the proper scales. The plan shall show the location of, and describe,
any trees on the property that are included in the Borough of West
Cape May's Tree Registry.
[Ord. No. 494-2015 § 3]
6.
Streets and Rights-of-way.
(d)
Other utility structures such as water and gas mains and power
lines on the subdivision and within two hundred (200') feet of its
boundaries, showing location and size or capacity.
(e)
Marshes, ponds, streams and land subject to periodic or occasional
flooding, or similar conditions on the subdivision and within two
hundred (200') feet of its boundaries showing the location and area
covered, indicating apparent high water level, the water line on date
of survey with the survey date, and the maximum depth of water at
critical points.
(f)
Borough or other public lands, including lands designated as
parks, open spaces or for some other public use.
(g)
Buildings and other structures located on the subdivision and
located on lots contiguous to the subdivision.
7.
Relationship of subdivision to the primary and secondary highway
system and main intersections (both existing and proposed).
8.
Boundary lines of zoning districts, special districts and municipal
areas.
9.
Boundaries of properties within and adjacent to the subdivision and
the property owners' names.
10.
Proposed site conditions:
(b)
Lot layout.
(1)
Lot lines and dimensions to nearest foot.
(2)
Building setback line (dashed) and its dimensions from the street
line.
(3)
Existing zoning and the boundaries thereof.
(4)
Identification of lots or other parcels for land use dedication
(parks, play-grounds, public uses, multi-family, shopping centers,
churches, industry, or other uses).
(5)
Easements and restricted areas with notation as to purpose of
restrictions.
(d)
Existing trees located on the subdivision which are to remain
standing.
c.
The preliminary plat shall be accompanied by one set of four photographs
of the site, showing front, both sides and rear. The Planning Board
may from time to time promulgate checklists of required subdivision
plat details, for both preliminary and final plats, and require an
applicant for subdivision approval to submit a completed checklist
with the application.
[Ord. No. 103-86 § 5; Ord. No. 537-2018]
Before filing of final subdivision plats or recording of minor subdivision deeds, the subdivider shall have installed the improvements required pursuant to law, or shall have posted performance guarantees in accordance with Section 24-4, which is incorporated herein by reference.
[Ord. No. 103-86 § 5]
The Planning Board shall have the authority to waive any design
or informational requirements not deemed by them to be applicable
or necessary for the particular application.
[Ord. No. 103-86 § 5]
A final plat and application form together with supporting drawings
and documents constitute the complete development of the major subdivision
proposal and become the basis for the issuance of construction permits,
the construction of subdivision improvements and the inspection service
by the Borough.
[Ord. No. 103-86 § 5; Ord. No. 537-2018]
a.
A final plat shall be submitted to the Administrative Officer within
three years from the date of approval of the preliminary plat for
a major subdivision. The final plat and all supporting drawings and
documents shall be submitted three weeks prior to the regular Planning
Board meeting.
b.
When applying to the Planning Board for final approval, the subdivider
shall carry out the following steps:
1.
Incorporate all changes or modifications required by the Planning
Board in the approval of the preliminary plat.
2.
Pay the required inspection fees and a filing fee of $25 for each
lot proposed in the subdivision.
3.
Submit to the Administrative Officer the original tracing and two
linen copies and six blue or black line prints of the final plat and
five copies of the application for final approval.
4.
Submit three copies of deed of dedication for all properties which
are offered to the Borough of dedication.
5.
Submit a statement by the Borough Engineer that he is in receipt
of a map showing all improvements in exact locations and elevations,
certifying the accuracy of the details of the plat, identifying those
portions already installed and those to be installed and indicating
that the subdivider has complied with one or both of the following:
6.
Submit letters directed to the Chairman of the Planning Board and
signed by a responsible official of the lighting agency, water company
and of any other utility company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area approving each proposed utility installation design and stating
who will construct the facility so that the service will be available
prior to the occupancy.
c.
The Administrative Officer shall distribute one copy of the application
and plat to the Construction Code Official, who shall immediately
review the application.
d.
The Construction Code Official shall screen the application for completeness
and direct the application to the Board which granted preliminary
approval.
e.
Should the submitted plans be deemed incomplete by the Construction
Code Official, the Administrative Officer shall notify the developer
in writing of the deficiencies within 45 days of the submission and
the developer may thereafter submit an appropriately reviewed application
as in the original case.
f.
At such time as the Construction Code Official finds that the submission
meets the definition of a complete application, the Administrative
Officer shall certify the application as complete.
g.
The Administrative Officer shall retain one copy of each of the complete
final application form and plat and distribute the remaining copies
in the following manner:
[Ord. No. 103-86 § 5]
a.
The Planning Board shall take formal action on the final plat within
45 days of its complete and proper submission to the Administrative
Officer. If the Planning Board acts favorably on the final plat, the
Chairman and Secretary of the Planning Board (or Acting Chairman and
Secretary where either or both may be absent) shall affix their signatures
to the plat.
b.
After approval of the plat by the Planning Board, copies of the signed
plat shall be furnished to each of the following within 10 days from
the date of decision:
c.
After approval by the Planning Board, the final plat shall be filed
by the applicant with the County Recording Officer within 95 days
from date of approval. No approved plat shall be accepted for filing
by the County Recording Officer unless it has been duly approved by
the Borough Planning Board, if applicable, and the County Planning
Board, in certain instances, and signed by the Chairman and Secretary
of the Borough Planning Board and the County Planning Director or
his representative. In the event of failure to file within the 95
days, the approval of the major subdivision shall expire, and any
further proceedings shall require the filing of a new plat. The Board
may, for good cause shown, extend the period for recording for an
additional period not to exceed 190 days from the date of the signing
of the plat (an additional 95 days).
d.
If the Planning Board, after consideration and discussion of the
final plat, determines that it is unacceptable, a notation to that
effect shall be made on the plat by the Chairman of the Planning Board
and the Administrative Officer shall provide the applicant with a
copy of the resolution of memorialization stipulating the reasons
for such rejection within 10 days of the date of decision.
e.
An approved and properly filed plat shall ensure that the requirements
applicable to the preliminary approval first granted and all other
rights conferred upon the applicant whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. The Planning Board may extend such period of protection
for extension 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.
[Ord. No. 103-86 § 5]
a.
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one (1") inch equals one hundred (100') feet and in compliance with all the requirements for filing a map with the County Recording Officer and shall be designed in compliance with the provisions of Article VII. The final plat shall show or be accompanied by the following information:
b.
Each block shall be numbered (numbers shall be circled) and the lots
within each block shall be numbered consecutively beginning with the
number one.
c.
Tract boundary lines, zoning and special district boundary lines,
right-of-way lines of existing and pro-posed streets, street names,
easements and other rights-of-way, bulkheads, land to be reserved
or dedicated to public use, all minimum building setback lines, lot
lines, and other site lines with accurate location and dimensions,
lot areas to the nearest square foot, bearings or deflection angles,
and radii, arcs, and central angles of all curves.
d.
The purpose of any easement or land reserved for the public use shall
be designated and the proposed use of sites other than residential
shall be noted.
e.
Location and description of monuments, lot corners and other survey
points in place.
f.
Cross sections and center lines profile of proposed streets as approved
by the Borough or consulting engineer.
g.
Contours at two (2') feet.
h.
Certification by a Borough or consulting engineer as to accuracy
of details of plat.
i.
Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement for dedication
of streets, alleys, easements and other rights-of-way and any lands
for public uses.
j.
Certificate from Tax Collector that all taxes are paid to date.
k.
When approval of plat is required by an officer or body of the Borough,
County or State, approval shall be certified on that plat.
l.
When percolation tests have not been made and shown on the preliminary
plat for each lot, they shall be submitted for each lot.
m.
Public improvement and utilities plan and profiles are declared an
integral part of the final plat submission and along with the final
plat, this Chapter and the Borough specifications for public improvements
and utilities shall be the basis for the performance guarantee.
1.
Unless a specific waiver is requested in writing to the Planning
Board to be considered at a meeting at which the presence of the Borough
Engineer in an advisory capacity is required, the proposed public
improvements and utilities shall be considered to be required to comply
specifically with these subdivision regulations and the Borough specifications.
2.
The basic improvements and utility plan shall include:
(a)
The same area with the same scale and title block as required
on the preliminary plat.
(b)
The outline of all rights-of-way, easements and similar conditions.
(c)
Street centerline gradients in percent indicated with arrows
to establish directions of flow.
(d)
Critical street centerline grade elevations.
3.
Drainage System Requirements:
(a)
Complete drainage system for the entire sub-division shall be
shown graphically, with all existing drainage features which are to
be incorporated, properly identified as "existing."
(b)
All appropriate details and dimensions necessary to explain
clearly the proposed construction including type of construction,
material, size, pitch and invert elevations among other things, in
accordance with good engineering practice.
(c)
Location of all test pits and description of soil conditions
and water table.
5.
Profile Drawing Requirements:
(a)
Drawings shall be made on standard profile papers.
(b)
All profiles shall show the existing natural grades, the typical
cross section of existing or proposed roadways, the centerlines of
intersecting roadways and a system of survey stations.
(c)
The profile and locations of all drainage structures in street
rights-of-way and in drainage easements.
