[HISTORY: Adopted by the Township Council of the Township of Old
Bridge 5-1-1989 by Ord. No. 15-89 (Sec.
4-28 of the 1973 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Notification of conservation easements — See Ch. 103.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
All subdivisions not classified as minor subdivisions.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
Any individual, firm, association, syndicate, copartnership or corporation
having sufficient proprietary interest in the land subdivided and to be sold
under this chapter or the Subdivision Regulations of the Township.
The map or other drawing of a subdivision.
The map of sufficient accuracy to be used by the owner for the purpose
of sale of the lots within the subdivision.
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley
or other way which is an existing state, county or municipal roadway, or a
street or way shown upon a plat heretofore approved pursuant to law or approved
by official action, or a street or way on a plat duly filed and recorded in
the office of the County Recording Officer, and includes the land between
the street lines, whether improved or unimproved, and may comprise pavements,
shoulders, gutters, sidewalks, parking areas and other areas within the street.
Any individual, firm, association, syndicate, copartnership, corporation,
trust or any other legal entity proceeding under the Township Subdivision
Regulations to effect a subdivision of land hereunder, for himself or for
another.
The division of a lot, tract or parcel of land into two or more lots,
sites or other divisions of land for the purpose, whether immediate or future,
of sale or building development.
A.
Any owner or seller of land within the Township of Old
Bridge, within a major subdivision who has obtained a preliminary approval
to subdivide said land and construct homes thereon, shall, prior to the sale
of said lots or homes upon said lots, maintain a sales office, either within
or without the Township.
B.
The sales office shall be opened during normal business
hours and shall have prominently displayed therein the following:
(1)
A sales map in the sales office in a place that may be
observed and reviewed by any person(s) calling at the office.
(2)
A copy, on standard legal size paper, in type or clear
print, of any proposed protective or restrictive covenants and easements to
be applied to all or any portion of the lands within the subdivision.
(3)
An approved and fully executed copy of the subdivision
map, site plan and construction plans in the sales office in a place that
may be observed and reviewed by any person(s) calling at the office.
(4)
A copy of any Board approved revisions to the site plan
or subdivision, and all approved revisions or field changes to construction
plans. Any such revised item or plan sheet shall have a notation marked on
the original document that it is "REVISED as of (date)." The corresponding
item or revision sheet shall note thereon the following: "ORIGINAL DOCUMENT
DATED (date) HAS BEEN REVISED ON (include all dates)."
C.
The sales map shall be based on the Official Tax Map
information or some other similarly accurate base at a scale of not less than
100 feet equals one inch throughout the map, which said scale shall be clearly
indicated thereon and shall be consistent in all directions shown thereon.
The map shall show the owner's approved subdivision and all lands contiguous
thereto for a distance of 1,000 feet, within or without the Township of Old
Bridge.
D.
The sales map shall clearly show and include for the
area within 1,000 feet of the subdivision, in all directions, the following
information, which shall be maintained current:
(1)
The location of proposed streets and the layout of proposed
lots within the subdivision.
(2)
The location of all state, county and municipal roads
in existence on the date of the final approval of the subdivision.
(3)
The location of all state, county and municipal roads
proposed and approved by any governmental agency having jurisdiction to establish
such roads. The location of all such roads shall be as shown on the Official
Master Plan adopted by the appropriate agency of the state, county or municipality.
(4)
The location of all existing structures and wooded areas
within the subdivision.
(5)
A designation of the zoning district to be subdivided
and the zoning districts of all contiguous properties within the distance
of 1,000 feet.
(6)
The location of all railroads and railroad rights-of-way
for public utilities.
(7)
The location of all public or private utility plants;
the location of all sanitary landfill and hazardous waste sites operations
in existence or proposed.
(8)
The location of all schools, parks, playgrounds, public
buildings and sidewalks.
(9)
The location of all streams, ponds and watercourses,
and a legend reference as to whether flood hazard insurance is required.
(10)
The location and description of any use approved by the
Board of Adjustment or other governmental agency having jurisdiction during
the previous three years.
(11)
The location of all drainage ditches within the area
shown on the sales map.
(12)
The size of each parcel in the subdivision to be sold,
whether improved or unimproved.
(13)
A map legend setting forth the present tax, water and
sewer rates of any public authority servicing the subdivision.
(14)
A map legend setting forth the phone numbers and extensions
for the Township Clerk, Township Administrator, Planning Board and Board of
Adjustment.
(15)
The location of any and all structures proposed on each
parcel.
E.
At or before the execution of the contract of sale for
any lot within a major subdivision, the seller shall provide the purchaser
with a plot plan of the individual lot to be sold. Such map shall be drawn
to scale and depict the boundaries of the lot, the location of any existing
or proposed structures, and the location of any easements on the lot. The
seller must obtain the purchaser's signature on the plot plan and keep the
original signed copy on file. The seller shall provide copies of all signed
plot plans for a major subdivision to the Township Department of Community
Development at the time the seller applies for certificate of occupancy for
the lot being sold.
[Added 11-8-1999 by Ord. No. 33-99]
F.
At or before the execution of the contract of sale for
any lot within a major subdivision, the seller, at his or her own cost, shall
provide the purchaser with a copy of the Old Bridge Township Environmental
Commission brochure on conservation easements. The purchaser shall sign an
acknowledgment of receipt for this document at the time of receiving same.
This acknowledgment shall be filed with the Township Department of Community
Development at the time the seller applies for a certificate of occupancy
for the lot being sold.
[Added 11-8-1999 by Ord. No. 33-99]
G.
In the event any seller fails to deliver the signed plot
plan and/or acknowledgment of the Environmental Commission brochure as set
forth above, the seller shall be liable under the general penalty clause of
this Code.[2] Violations shall be prosecuted in Municipal Court.
[Added 11-8-1999 by Ord. No. 33-99]
A.
The information to be depicted on the sales map shall
be based on the most recent Zoning and Street Maps, Federal Insurance Rate
Maps and the prospective development map on file with the office of the Township
Planner. The completed sales map shall be submitted for review to the Township
Planner, prior to its being posted, who shall review it for compliance with
the requirements of this chapter. There shall be a charge of $200 for the
review and certification of compliance by the Township Planner, which shall
be paid by check payable to the Township of Old Bridge at the time of submission
for approval.
B.
The Code Enforcement Officer shall review each sales map and any revisions to it or the other items required under § 230-2 displayed pursuant to the terms of this chapter not less than every three months and shall require such additional information as he may deem necessary to maintain these documents in an up-to-date condition. There shall be a charge for the inspection of the information, which shall be $75 per visit, made payable by check to the Township of Old Bridge. The Code Enforcement Officer may from time to time, as he deems necessary, direct the owner or seller to display additional information on the documents so that same may be maintained in an up-to-date condition. New information obtained by the owner or seller shall be included in the sales map or related documents within 30 days of receipt of such information. The Code Enforcement Officer shall affix his approval, upon his satisfaction of the inspection of the documents, indicating the date thereof.
A.
At or before the execution of the contract of sale for
any lot within a subdivision, the seller shall obtain, on a form approved
by the governing body, a certification from the purchaser that:
(1)
The sales map was on display and available for inspection
on any occasion of his visit to the sales office.
(2)
He had a reasonable opportunity to study and review the
sales map.
(3)
He had the opportunity to visit the site of the lot he
is purchasing at least once before he executed the contract of sale.
(4)
He had the opportunity to review any protective or restrictive
covenants and easements prior to the execution of the contract of sale.
(5)
He had the opportunity to review the construction plans
for the structure he is buying and all related common elements.
(6)
The seller did not refuse or decline to answer any questions
directed to him pertaining to the sales map or the protective or restrictive
covenants or easements.
(7)
The seller has complied with Chapter 103, Conservation Easements, Notification of, of the Code of the Township of Old Bridge prior to the execution of the contract of sale by delivering the applicable notice (CEN-A or CEN-B) to the intended purchaser(s) and has thereby apprised the intended purchaser(s) of any conservation easement burdening the property to be purchased or burdening lands belonging to a homeowners' association which are adjacent to the lands to be purchased.
[Added 1-27-1994 by Ord. No. 5-94]
In the event that the owner or seller of land files an application to
amend a previously received approval from the Zoning Board of Adjustment or
Planning Board (site plan, subdivision or variances), including but not limited
to recreation facilities, bikeways or trails, drainage, sewerage or open space
easements, lighting details or other items deemed to be significant by the
Township Planner, each previous purchaser who is an owner at the time of such
application and each contract purchaser of any such lot or unit shall be advised,
in writing, of the hearing date on such revisions and that a copy of the proposal
is available for review in the sales office and the office of the Township
Planner.
[Added 3-23-1995 by Ord. No. 16-95]
The owner or seller of any new residential dwellings in the Township
of Old Bridge within a major subdivision or planned development shall prior
to executing a contract of sale with a buyer make the following written disclosure:
A.
The current certified general tax rate for the Township
of Old Bridge.
B.
The office hours and phone numbers of the Old Bridge
Township Tax Assessor's office.
C.
A statement saying: "We encourage all prospective new
homebuyers to contact the Tax Assessor's office to obtain an estimate of the
annual property taxes which will have to be paid on the property you are considering
purchasing."
A.
If any person engages in the sale of a lot or lots within
a subdivision without first displaying the sales map and other related documents
or the protective or restrictive covenants or easements as required herein,
the owner of the subdivision shall be subject to a fine for each such lot
sold or contracted to be sold provided hereinafter.
B.
The owner of a subdivision who shall fail to file the
certification of compliance as required herein or fails to disclose to the
purchaser the information as provided by the representative of the Planning
Division, through his or the fault of any person engaging in the sale of lots
on his behalf, shall be subject to a fine as provided for hereinafter.
C.
Any person, firm or corporation found guilty in the Municipal Court of the Township of Old Bridge of a violation of the terms of this chapter shall be subject to the penalty set forth in Chapter 1, Article II, Penalty. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation. In addition, each violation of this chapter shall be considered a separate offense upon each and every day in which a violation exists.[1]
D.
In addition to the foregoing, if the owner or his agents
continuously, for a period of 30 days or more, fail and refuse to comply with
the requirements of this chapter, the municipality may institute and maintain
an action for injunctive relief to prohibit the continued sale of the lots
within the subdivision until the owner is in compliance with this chapter,
in addition to the suspension of the issuance of any further building permits
for the subdivision or conducting of any inspections for approvals required
under subdivision approval.
All the requirements set forth in this chapter with regard to the sale
of lots shall apply with equal force and effect to the lands which have been
previously subdivided pursuant to the law, and from and after the effective
date of this chapter, all owners of subdivided land shall comply forthwith.
However, it is understood that the requirements of this chapter shall apply
only to the first sale of a lot or lots of the subdivision to an individual
homebuyer.
