[Ord. 302]
This chapter shall be known and may be cited as The Land Subdivision
Ordinance of the Borough of Hopewell.
[Ord. 302]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Borough of Hopewell
in order to promote the public health, safety, convenience and general
welfare of the borough. It shall be administered to insure the conservation,
protection and proper use of land and adequate provision for circulation,
utilities and services.
[Ord. 302]
The provisions of this chapter shall be administered by the
borough planning board, except that such provisions shall be administered
by the board of adjustment in applications before that board in accordance
with the provisions of R.S. 40:55D-76.
[Ord. 302; Ord. 331; Ord. 508]
Whenever a word or term is used in this chapter which is defined
in R.S. 40:55D-3-7, such word or term shall be intended to have the
meaning set forth in the definition of such word or term found in
the statute, unless a contrary intention is clearly expressed from
the context of this chapter.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to R.S. 40:55D-34, or R.S. 40:55D-36.
APPROVING AUTHORITY
The borough planning board, unless a different agency is
designated by ordinance when acting pursuant to the authority of this
act.
CLUSTER SUBDIVISION
Any major subdivision in zoning district R-100 employing the provisions of subsection
12-14.5 of this revision.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMPLETE APPLICATION
A complete application shall be defined as provided in Chapter
12, Zoning, subsection
12-4.15A of the "Revised General Ordinances of the Borough of Hopewell, 1975" as amended.
DEVELOPER
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 person having
an enforceable proprietary interest in such land.
DEVELOPMENT
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 Title 40.
FINAL APPROVAL
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 guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
LOT
A designated parcel, tract or area of land established by
a map or otherwise as permitted by law and to be used, developed or
built upon as a unit.
MAINTENANCE GUARANTEE
Any security which may be accepted by the borough for the maintenance of any improvements required by Title 40, including, but not limited to, surety bonds, letters of credit under the circumstances specified in subsection
11-8.5c, and cash. The borough shall not require that a maintenance guarantee be in cash; however, the developer, at his option, may provide some or all of a maintenance guarantee in cash.
MAP
The map or plat of a subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the borough as set forth in and adopted pursuant
to R.S. 40:55D-28.
MINOR SUBDIVISION
Any subdivision of land that does not involve more than two
lots fronting on an existing street or road provided that such subdivision
does not involve (1) a planned development, (2) any new street, or
(3) the extension of any off-tract improvement, the cost of which
is to be prorated pursuant to R.S. 40:55D-42.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
OPEN-SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OWNER
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 GUARANTEE
Any security, which may be accepted by the borough, including, but not limited to, surety bonds, letters of credit under the circumstances specified in subsection
11-8.5c, and cash. The borough shall not require more than 10% of the total performance guarantee in cash; however, a developer may, at his option, provide more than 10% of a performance guarantee in cash.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to R.S. 40:55D-46,
R.S. 40:55D-48 and R.S. 40:55D-49 prior to final approval after specific
elements of a development plan have been agreed upon by the planning
board and the applicant.
PUBLIC AREAS
a.
Public parks, playgrounds, trails, paths and other recreational
areas.
b.
Other public open spaces.
c.
Scenic and historic sites.
d.
Sites for schools and other public buildings and structures.
PUBLIC DRAINAGE WAY
The land reserved or dedicated for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water to safeguard the public against flood damage, sedimentation,
and erosion.
RESUBDIVISION
a.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law.
b.
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but not including conveyances so as to combine existing
lots by deed or other instrument.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
a.
Is an existing state, county or municipal roadway.
b.
Is shown upon a map heretofore approved pursuant to law.
c.
Is approved by official action as provided by Title 40.
d.
Is shown on a map 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 maps.
It shall include 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.
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SUBDIVIDER
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
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: (1) 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, (2) divisions
of property by testamentary or intestate provisions, (3) divisions
of property upon court order, including but not limited to judgements
of foreclosure, (4) consolidation of existing lots by deed or other
recorded instrument and (5) the conveyance of one or more adjoining
lots, tracts or parcels of land, owned by the same person or persons
and all of which are found and certified by the administrative office
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts, or parcels
on the tax map or atlas of the municipality. The term "subdivision"
shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
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.
The planning board, when acting upon applications for minor
or preliminary subdivision approval, shall have the power to grant
exceptions from the requirements for subdivision approval which may
be reasonable and within the general purpose and intent of this chapter,
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
The planning board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the planning board, or the planning board being
required to hold further hearings. The longest time period for action
by the planning board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the map shall include reference to the request for
such conditional use.
Certificates of approval shall be issued by the borough clerk
in accordance with the Municipal Land Use Law, R.S.40:55D-56.
In the event that, during the period of approval heretofore
or hereafter granted to an application for subdivision approval, the
developer is barred or prevented, directly or indirectly, from proceeding
with the development otherwise permitted under such approval by a
legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare, or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare,
and the developer is otherwise ready, willing and able to proceed
with such development, the running of the period of approval under
this chapter shall be suspended for the period of time such legal
action is pending or such directive or order is in effect.
The planning board, when reviewing applications for subdivisions,
shall have the power to grant, to the same extent, and subject to
the same restrictions as the board of adjustment, variances from lot
area, lot dimensional, setback and yard requirements; provided that
relief pursuant to this subsection from lot area requirements shall
not be granted for more than one lot. Such variance shall be granted
where, by reason of exceptional narrowness, shallowness or shape of
a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any zoning regulation would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon the developer
of such property. The variance granted from such strict application
of such regulation shall relieve such difficulties or hardship; provided
that no variance shall be granted under this subsection to allow a
structure or use in a district restricted against such structure or
use.
Hearings shall be required as part of preliminary approval for
all major subdivisions.
A complete set of maps, documents and exhibits shall be on file
at least 10 days prior to the date of the hearing at the office of
the planning board.
Public notice shall be required for preliminary approval of all major subdivision applications and approval of all minor subdivision applications requiring a zoning variance to be granted by the planning board. Such notices should be in accordance with section
10A-4.
Pursuant to the provisions of R.S. 40:55D-39 and R.S. 40:55D-65,
every application for subdivision submitted to the planning board
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on such property. Any approvals
or other relief granted by either board shall be conditioned upon
either the prompt payment of such taxes or assessments, or the making
of adequate provision for the payment thereof in such manner that
the borough will be adequately protected.
[Ord. 302; Ord. 331; Ord. 349; Ord. 383; Ord.
437; Ord. 508]
Any owner of land within the borough, prior to subdividing or resubdividing land, as defined in this chapter, and before conveying legal or equitable title to such subdivisions or any part thereof, shall apply to the planning board for review and approval of the subdivision map, pursuant to the provisions of this chapter. If classified as a minor subdivision, the applicant shall be governed by the provisions of subsection
11-7.2. If classified as a major subdivision, the applicant shall be governed by the provisions of subsection
11-7.3.
a. Application by Corporation or Partnership. A corporation or partnership
applying to the planning board or the board of adjustment or to the
governing body for permission to subdivide a parcel of land into six
or more lots, or applying for a variance to construct a multiple dwelling
of 25 or more family units or for approval of a site to be used for
commercial purposes shall list the names and addresses of all stockholders
or individual partners owning at least 10% of its stock of any class
or at least 10% of the interest in the partnership, as the case may
be.
b. Disclosure of 10% Ownership Interest of Corporation or Partnership which is 10% Owner of Applying Corporation or Partnership. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to subsection
11-7.1a that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the non-corporate stockholders and individual partners, exceeding the 10% ownership criterion established in this act have been listed.
c. Disapproval of Application. The planning board, board of adjustment
or governing body shall not approve the application of any corporation
or partnership which does not comply with 11-7.1a and 11-7.1b.
d. Penalty. Any corporation or partnership which conceals the names
of the stockholders owning 10% or more of its stock, or of the individual
partners owning a 10% or greater interest in the partnership, as the
case may be, shall be subject to a fine of $1,000 to $10,000 which
shall be recovered in the name of the municipality in any court of
record in the state in a summary manner pursuant to "The Penalty Enforcement
Law" (N.J.S.A. 2A:58-1 et. seq.).
An application for approval of a cluster subdivision shall be
deemed an alternative method of subdividing land and may be initiated
at the option of the subdivider. In addition to all other requirements
of this chapter, all cluster subdivisions shall be subject to the
provisions of this subsection.
The preliminary map of a cluster subdivision shall show or be
accompanied by the following information:
a. The location and extent of common open space.
b. If private ownership of common open space is contemplated, the proposed
documentation of such ownership shall be submitted. Such documentation
shall include the name and address of the owner, if then known, or
if not, a statement of the nature of the owning entity, such as homeowner's
association. It shall also include adequate provision to insure the
retention and maintenance of such space for open space uses in perpetuity.
Such documentation shall be subject to and accompanied by the approval
of the borough attorney, and it may include a provision that the fee
title shall vest in the borough, in the event that the space shall
not be retained or maintained for open space uses.
c. If public ownership of common open space is contemplated, the proposed
terms and conditions of such ownership shall be submitted and shall
be subject to and accompanied by the approval of the borough attorney,
and of the borough council or other public body that is to assume
ownership of such open space.
The final map of a cluster subdivision shall show or be accompanied
by the following information:
a. The location and extent of common open space with accurate dimensions,
bearings and acreage.
b. Documentation of title to common open space duly executed in final
and recordable form, subject to and accompanied by the approval of
the borough attorney, and, if applicable, of the borough council or
other public body that is to assume ownership of such space, all in
accordance with the preliminary map submission. Such documentation
of title shall be recorded in the office of the Mercer County Clerk,
and the original of such recorded documentation shall be furnished
to the borough, by and at the cost and expense of the subdivider,
before the approval of the final map.
Cluster subdivisions shall be subject to the following design
standards:
a. House lots and common open space shall be so arranged as to discourage
future development of the common open space for other than open space
uses.
b. The maximum number of house lots shall abut the common open space,
and all house lots shall have reasonable access to the common space.
c. The location and arrangement of common open space shall be determined
with due regard for area topography, preservation of landscape, appropriate
siting of cluster lots, relationship of open space to surrounding
development, access to persons and maintenance equipment, and other
applicable factors, as determined by the planning board.
d. Where feasible, separate vehicular and pedestrian circulation systems
shall be provided.
e. Where practicable, house lots in the cluster subdivision shall be
located and sized so as to avoid abrupt changes in lot sizes, setbacks
or the like between the cluster subdivision and abutting existing
developments.
f. All common open space shown on a preliminary map shall be included
in the first section submitted for final map approval. However, in
the case of a subdivision to be developed over a period of years,
the planning board may permit the total area proposed for common open
space to be divided among the sections submitted for final map approval,
in which case the common open space appurtenant to each such section
shall comply with the minimum common open space requirements as applied
to each section.
The sketch map shall be based on tax map information or some
other similarly accurate base at a scale, not less than 400 feet to
the inch, to enable the entire tract to be shown on one sheet and
shall show or include the following information:
a. The location of that portion which is to be subdivided in relation
to the entire tract.
b. All existing structures and wooded areas within the portion to be
subdivided and within 200 feet thereof.
c. The name of the owner and of all adjoining property owners as disclosed
by the most recent borough tax records.
d. The tax map sheet, block and streams within 500 feet of the subdivision.
The preliminary map shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary maps shall be designed and drawn by a land surveyor licensed in the State of New Jersey. The map shall be designed in compliance with the provisions of section
11-11 of this chapter and shall show or be accompanied by the following information:
a. A key map showing the entire subdivision and its relation to surrounding
areas.
b. The tract name, tax map sheet, block and lot number, date, reference,
meridian, graphic scale and the following names and addresses:
1. The name and address of record owner or owners.
2. Name and address of the subdivider.
3. Name and address of person who prepared map.
c. Acreage of tract to be subdivided to nearest tenth of an acre.
d. 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 centerline profiles for all proposed new streets.
e. The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes and any natural
features such as wooded area and rock formations.
f. Plans of proposed utility layouts, including sewers, storm drains,
water, gas and electricity showing feasible connections to existing
or any proposed utility systems. When an individual water supply or
sewage disposal system is proposed, the plan for such system shall
be approved by the appropriate local, county or state health agency.
When a public sewage disposal system is not available, the developer
shall have percolation tests made and submit the results with the
preliminary map. Any subdivision or part thereof which does not meet
with the established requirements of this chapter or other applicable
regulations shall not be approved. Any remedy proposed to overcome
such a situation shall first be approved by the appropriate local,
county or state health agency.
g. A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
map.
h. Printed on the face of the map shall be the Hopewell Borough Standard
Construction Requirements and Procedures for Public Improvements dated
September, 1990, and adopted as Schedule 2 to the Hopewell Borough
General Checklist for Complete Development Applications.
The final map shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 60 feet and in compliance with the
provisions of R.S. 46:23-9.1. The final map shall show or be accompanied
by the following:
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,
bearings 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 number one.
e. Minimum building setback lines on all lots and other sites.
f. Location and description of all monuments.
g. Names of owners of adjoining unsubdivided land.
h. Certification by engineer or surveyor as to accuracy of details of
map.
i. Certification that the applicant is agent or owner of the land, or
that the owner has given consent under an option agreement.
j. When approval of a map is required by any officer or body of the
borough, county or state, approval shall be certified on the map.
k. Cross-sections and profiles of streets approved by the borough engineer
may be required to accompany the final map.
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.
n. Certificate from tax collector that all taxes are paid to date.
[Ord. 302; Ord. 331; Ord. 367; Ord. 424; Ord.
479; Ord. 508]
Prior to the granting of final approval, the subdivider shall
have installed the following:
f. Shade trees which shall be located on the street line so as not to
interfere with utilities or sidewalk and which shall be of the types
and in locations specified by the planning board.
g. No topsoil shall be removed from the site or used or 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;
it shall be established by seeding or planting.
h. Monuments shall be of the size and shape required by R.S. 46:23-9.1
and shall be placed in accordance with that statute.
i. Water mains, fire hydrants, culverts, sanitary sewers and storm sewers
shall be properly connected with an approved system and shall be adequate
to handle all present and probable future developments.
j. All utility services shall be connected to an approved public utilities
system where one exists. The developer shall arrange with the servicing
utility for the underground installation of the distribution supply
lines and service connections, in accordance with the provisions of
the applicable standard terms and conditions incorporated as part
of its tariff, as the same are on file with the New Jersey State Board
of Public Utility Commissioners; provided, however, that lots not
part of a new major subdivision or site plan which abut existing streets
where overhead electric, CATV or telephone distribution supply lines
and service connections have heretofore been installed may be supplied
with electric, CATV and telephone service from these overhead lines
but any new service connections from the utilities' overhead lines,
shall be installed underground. In cases where extension or replacement
of service is needed to existing or new buildings in established subdivisions
or developments, the present method of service may be continued. In
the case of existing overhead utilities, however, should a road widening
or an extension of the service or such other condition occur as a
result of the development and necessitate the replacement or relocation
of such utilities, the developer shall cause the replacement or relocation
to be underground.
1. Upon submission of preliminary plats or plans for approval, the developer
shall present a statement of interest, setting forth all public utility
companies to serve the tract and a letter from each company stating
that service will be available to the development. The preliminary
plans shall recite all public utilities that will serve the development.
Any deviation from the statement of interest shall make null and void
any approval granted by the borough.
2. Prior to the preconstruction meeting preceding the commencement of
construction, the developer shall furnish the administrative officer
a copy of the agreements with the applicable public utility companies
certifying the jurisdiction of the public utility company for the
particular portion of the borough; indicating agreement with the proposed
utility installation design; and stating who will construct the facility
so that service will be available prior to occupancy. The form of
such agreement(s) shall be reviewed and approved by the borough attorney
prior to the commencement of construction.
3. The developer shall provide the borough with four copies of a final
"as built" plan showing the installed location of the facilities.
Easements along property lines or elsewhere for utility installation
may be required. Such easements shall be at least 20 feet wide and
located in consultation with the companies or borough departments
concerned and, to the fullest extent possible, shall be centered on
or adjacent to lot lines. Such easement dedication shall be expressed
on the plat or plan as follows: "Utility fight-of-way easement granted
for the purposes provided for and expressed in the Land Development
Ordinance of the Borough of Hopewell." Utility easements along street
right-of-way lines shall be a minimum of 10 feet in width.
All of the above listed improvements shall be subject to inspection
and approval by the borough engineer who shall be notified by the
developer at least 24 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
a. The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the borough
council by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, which cost shall be determined by the borough engineer
according to the method of calculation set forth in paragraph d hereunder
as of the time of the passage of the resolution. The borough engineer
shall prepare an itemized cost estimate of the improvements covered
by the performance guarantee, which itemized cost estimate shall be
appended to each performance guarantee posted by the obligor.
b.
1. Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the borough council in writing, by certified mail addressed in care
of the borough clerk, that the borough engineer prepare, in accordance
with the itemized cost estimate prepared by the borough engineer and
appended to the performance guarantee pursuant to paragraph a., a
list of all uncompleted or unsatisfactory completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the borough engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the borough engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the borough council and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
2. The list prepared by the borough engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the borough engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to subsection
11-10.2a.
c.
1. The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the borough engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to subsection
11-10.2a. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the borough engineer. Upon adoption of the resolution by the borough council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
2. If the borough engineer fails to send or provide the list and report
as requested by the obligor pursuant to paragraph b. hereinabove within
45 days from receipt of the request, the obligor may apply to the
court in a summary manner for an order compelling the borough engineer
to provide the list and report within a stated time, and the cost
of applying to the court, including reasonable attorney's fees, may
be awarded to the prevailing party.
3. If the borough council fails to approve or reject the improvements determined by the borough engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the borough engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable, complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to subsection
11-10.2a and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
4. In the event that the obligor has made a cash deposit with the borough
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee.
d. If any portion of the required improvements is rejected, the approving
authority may required the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
e. The obligor shall reimburse the borough for all reasonable inspection
fees paid to the borough engineer for the foregoing inspection of
improvements provided that the borough may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, as determined pursuant to this subsection. For
those developments for which the reasonably anticipated fees are less
than $10,000, fees may, at the option of the developer, be paid in
two installments. The initial amount deposited by a developer shall
be 50% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the borough engineer for inspection, the developer shall deposit the
remaining 50% of the anticipated inspection fees. For those developments
for which the reasonably anticipated fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
The initial amount deposited by a developer shall be 25% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the borough engineer for inspection,
the developer shall make additional deposits of 25% of the reasonably
anticipated fees. The borough engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit.
f. The cost of the installation of improvements for the purposes of
this subsection shall be estimated by the borough engineer based on
documented construction costs for public improvements prevailing in
the general area of the borough. The developer may appeal the borough
engineer's estimate to the borough council. The borough council shall
decide the appeal within 45 days of receipt of the appeal in writing
by the borough clerk. After the developer posts a guarantee with the
borough based on the cost of installation of improvements as determined
by the borough council, the developer may institute legal action within
one year of the posting in order to preserve the right to a judicial
determination as to the fairness and reasonableness of the amount
of the guarantee.
g. In the event that final approval is by stages or sections of development,
the provisions of this section shall be applied by stage or section.
h. To the extent that any of the improvements have been dedicated to the borough on the subdivision plat or site plan, the borough council shall be deemed, upon the release of any performance guarantee required pursuant to subsection
11-8.5 of this chapter, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the borough engineer.
No final map shall be approved by the planning board until the
completion of all such required improvements has been certified by
the borough engineer to the planning board.
In cases in which a proposed subdivision has no direct access
to a public street or in which it has no direct access to a public
sanitary sewer and does not qualify for sewage disposal by individual
septic systems, whereby the subdivision cannot qualify for approval
under this article, the planning board may nevertheless grant preliminary
approval upon condition that the subdivider acquire, improve and dedicate
to the borough such street or sewer connection between the subdivision
and an existing public street or sanitary sewer, as the case may be,
as shall be approved by the planning board. Such off-tract connections
shall be subject to the provisions of this section as if they were
required on-tract improvements. The dedication thereof shall be subject
to approval of the borough attorney as to form. The provisions of
this section shall be applicable only upon the request and with the
consent of the subdivider.
[Ord. 302]
The subdivider shall observe the requirements and principles
of land subdivision as described in this section in the design of
each subdivision or portion thereof.
The subdivision map shall conform to design standards that will
encourage good development patterns within the borough. Where either
or both an official map or master plan has been adopted, the subdivision
shall conform to the proposals and conditions shown thereon. The streets
and drainage rights-of-way, school sites, public parks and playgrounds
shown on an officially adopted master plan or official map shall be
considered in approval of subdivision maps. Where no master plan or
official map exists, streets and drainage rights-of-way shall be shown
on the final map in accordance with R.S. 40:55-1.20 and shall be such
as to lend themselves to the harmonious development of the borough
and enhance the public welfare.
The prospective purchaser, prospective mortgagee, or any other
person interested in any land which forms part of a subdivision, or
which formed part of such a subdivision three years preceding the
effective date of this act, may apply in writing to the administrative
officer of the municipality, for the issuance of a certificate certifying
whether or not such subdivision has been approved by the planning
board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name of the owner thereof.
The administrative officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
Each such certificate shall be designated a "certificate as
to approval of subdivision of land," and shall certify:
a. Whether there exists in said municipality a duly established planning
board and whether there is an ordinance controlling subdivision of
land under the authority of this act.
b. Whether the subdivision, as it relates adopted to the land shown
in said application, has been approved by the planning board, and,
if so, the date of such approval and any extensions and terms thereof,
showing that subdivision of which the lands are a part is a validly
existing subdivision.
c. Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided in this act.
The administrative officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in R.S. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the municipality.
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or 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 for
which borough approval is required by ordinance such person shall
be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
In addition to the foregoing, the borough may institute and
maintain a civil action:
a. For injunctive relief; and
b. 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 R.S. 40:55D-56 of the Municipal Land Use Law. 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 developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also, a reasonable search fee, survey expense and
title closing expense, 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 said land or within six years, if unrecorded.