A.
Subdivision review is provided for in the Municipal
Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for
the Land Use Board to ensure development which is consistent with
the Zoning Ordinance and Master Plan. It permits the Board to review
developmental layout, street design, water drainage and sewerage adequacy,
flood hazards and protection/conservation measures. It also makes
possible provisions for off-tract improvements and, in the case of
planned developments, promotes flexibility.
B.
In short, subdivision review establishes rules and
standards for the division of land within the Borough in order to
promote health, safety, convenience and general welfare.
Any applicant wishing to divide or resubdivide
land within the Borough shall apply for and obtain the approval of
the Land Use Board in accordance with the procedures outlined herein.
[Amended 12-3-1997 by Ord. No. 97-13]
An applicant for subdivision of land shall submit to the Board Secretary four copies of an application and 12 copies of a sketch plat containing the information outlined in § 246-78 of this article two weeks prior to a regular meeting of the Land Use Board.
The Subdivision Committee of the Land Use Board
shall review the plat prior to the regular meeting and shall classify
the subdivision as a minor, exempt or major subdivision. Subdivisions
failing to receive a unanimous vote as minor or exempt shall be considered
major.
The Subdivision Committee shall report its recommendations
and comments on each application to the Land Use Board at its next
regular meeting. The Board shall have the right to approve or change
the classification by majority vote.
If classified as a minor subdivision, the Land
Use Board shall have the authority to approve immediately or to forward
copies of the plat to city offices or consultants for review. Upon
completion of that review and within 45 days of receipt of the completed
application, the Board will approve, conditionally approve or reject
the request. If approved, a notation to that effect shall be made
upon the plat and shall be signed by the Land Use Board Chairman and
Municipal Clerk and returned to the applicant. If rejected, the reasons
shall be noted upon all copies of the application form, and one copy
shall be returned to the applicant.
If approved as a minor subdivision, a plat drawn
in compliance with the Map Filing Law, Chapter 141 of the Laws of
1960 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the
approved minor subdivision shall be filed with the Board Secretary
within 190 days of the date on which the resolution of approval is
adopted. Unless such a plat or deed is filed, the minor subdivision
shall expire. Any such plat or deed accepted for filing shall have
been signed by the Chairman and Secretary of the Land Use Board. The
Land Use Board may extend the one-hundred-ninety-day period for filing
a minor subdivision plat or deed if the developer proves to the reasonable
satisfaction of the Land Use Board that the developer was barred or
legally prevented, directly or indirectly, from filing because of
delays in obtaining legally required approvals from other governmental
or quasi-governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Land Use Board. The
developer may apply for the extension either before or after what
would otherwise be the expiration date.
The Land Use Board shall grant an extension
of minor subdivision approval for a period determined by the Board,
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the
Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would
otherwise be the expiration date of minor subdivision approval or
the 91st day after the developer received the last legally required
approval from other governmental entities, whichever occurs later.
Any lands, lots or parcels resulting or remaining
from minor subdivision may not be submitted as a minor subdivision
for 24 months from the date of initial approval.
A.
The applicant shall submit 12 copies of a plat signed
and sealed by a licensed land surveyor and based upon an accurate
certified survey at a scale of one inch equals 50 feet. It shall include:
(1)
A key map showing the entire subdivision in relation
to the surrounding area and roadway system.
(2)
All existing structures within the parcel to be subdivided
and within 200 feet of said parcel.
(3)
The name and address of the owner and the names of
all adjoining property owners as disclosed by the most recent municipal
tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All existing and proposed streets and easements (including
public utility easements) within or adjoining the proposed subdivision
shall be clearly indicated.
(6)
The dimensions of all proposed lot lines of all new
lots being created and parcels being retained and any existing lot
lines to be eliminated by the proposed subdivision shall be clearly
indicated.
(7)
The location, size and direction of flow of all streams,
brooks, lakes, watercourses, drainage structures and drainage ditches
in the area to be subdivided and within 200 feet of the proposed subdivision.
(8)
North arrow, the scale at which the plat is drawn
and the date of preparation.
(9)
The acreage of the entire tract and of new parcels
being proposed.
(10)
The number of new lots being created.
(11)
The name and address of the owner, subdivider
and person preparing the plat.
(12)
The classification of the zoning district or
districts in which the proposed subdivision is located and a table
listing conformance or nonconformance with zoning regulations in the
districts.
(13)
The location of any proposed open space or recreation
areas.
B.
The submission shall be accompanied by a certification
from the City Tax Collector that all taxes are paid to date.
[Amended 12-3-1997 by Ord. No. 97-13]
[Amended 12-3-1997 by Ord. No. 97-13]
An applicant for preliminary major subdivision review and approval shall submit 10 copies of a preliminary plat clearly drawn and accurately reproduced at a scale of one inch equals 50 feet designed and drawn by a professional engineer and land surveyor, along with three copies of a completed application for preliminary approval and the appropriate fee (See Article VI, § 246-54) to the Municipal Clerk at least three weeks prior to the regular Land Use Board meeting. The Board Secretary shall keep one copy and submit the others to the Secretary of the Land Use Board.
The preliminary plat shall show or be accompanied
by the following information:
B.
Proposed street pattern in the subdivided area, distance
to nearest existing developed area and relationship of parcel to existing
roadways.
C.
Profiles and cross sections of proposed streets and
of existing roadways abutting the subdivision. Cross sections shall
show type and width of paving, location and type of curb, location
of sidewalks, existing or proposed sight triangles at intersections
and radii curblines.
D.
Elevation contours on a one-foot contour interval
referenced to United States Geological Survey datum (1929).
E.
Boundaries of floodplain and wetlands areas as shown
on Flood Insurance Rate Maps and State Department of Environmental
Protection CAFRA Maps.
F.
The location and extent of drainage or conservation
easements and stream encroachment lines.
G.
Plans and computations for storm drainage systems
and retention facilities.
H.
Location of underground or surface utilities.
I.
Soil borings as may be required by the engineer.
J.
A list of off-tract improvements required for subdivision
completion.
K.
Sanitary sewer and water design and calculations.
The application and preliminary plan shall be accompanied by a letter
of intent stating the following information: type of structures to
be erected, nature of commercial use (if any), approximate date of
construction start and estimated number of lots on which final approval
will be requested.
L.
A landscape plan conforming to district regulations
in which the subdivision is located.
A.
Upon receipt of the plat and accompanying exhibits
from the applicant, the Board Secretary will distribute copies of
the preliminary plat and attached exhibits to the City Engineer, City
Conservation Official, City Planner, County Planning Board and any
other official or agency who or which may be affected by the proposed
subdivision.
B.
Officials and agencies cited in Subsection A above shall forward reviews and recommendations, in writing, to the Land Use Board within 30 days of receipt. During the same time period, the Subdivision Committee shall review the plat for completeness and shall notify the developer of its findings within 45 days. In reviewing the subdivision request, the Land Use Board shall be guided by standards set forth within various zoning districts (see §§ 246-36 through 246-43) and by the additional standards established in § 246-44.
[Amended 12-3-1997 by Ord. No. 97-13]
C.
After all comments have been received and after a public hearing pursuant to § 246-53 of Article VI of this chapter, and if no substantial amendments have resulted from the review hearing, the Land Use Board shall:
[Amended 12-3-1997 by Ord. No. 97-13]
(1)
For subdivisions of 10 or fewer lots, grant or deny
preliminary approval within 45 days of the date of submission of a
completed application or within such further time as may be consented
to by the developer.
(2)
For subdivisions of 10 or more lots, grant or deny
preliminary approval within 95 days of the date of receipt of a completed
application or within such further time as may be consented to by
the developer.
D.
If the Land Use Board requires any substantial amendment
in the layout of the improvements proposed by the developer that have
been the subject of a hearing, an amended application shall be submitted
and proceeded upon as in the case of the original application for
development.
E.
In the case of planned developments, the Land Use
Board shall find that the development conforms to the design, density,
recreational and environmental standards established by ordinance
for planned developmental districts.
F.
The disclosure requirements set out in the Municipal
Land Use Law, Chapter 336 of the Laws of 1977 (1978), N.J.S.A. 40:55D-48.1,
40:55D-48.2 and 40:55D-48.3, shall be complied with.
A.
The general terms and conditions on which preliminary
approval was granted shall not be changed, except that the municipality
may by ordinance modify such general terms and conditions as relate
to public health and safety.
B.
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 or site plan,
as the case may be.
C.
The applicant may apply for and the Land Use Board
may grant extensions on such preliminary approval for additional periods
for 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.
D.
In the case of a subdivision of or a site plan for
an area of 50 acres or more, the Land Use Board may grant the above
rights for such period of time longer than three years as shall be
determined by the Land Use Board, taking into consideration the number
of dwelling units and nonresidential floor area permissible under
preliminary approval, economic conditions and the comprehensiveness
of the development.
E.
The applicant may apply for thereafter and the Land
Use Board may thereafter grant an extension to preliminary approval
for such additional period of time as shall be determined by the Land
Use Board to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under preliminary
approval, the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
F.
If the Land Use Board acts favorably upon a preliminary
plat, the Chairman and Secretary of the Board shall affix their signatures
to the plat, with a notation that it has received preliminary approval,
and shall return the same to the subdivider for compliance with final
approval requirements. Where approval is granted, the Chairman and
the Secretary of the Board shall affix their signatures to the plat
only where all conditions required for approval have been met.
[Amended 12-3-1997 by Ord. No. 97-13]
An application for final approval shall be submitted to the Land Use Board within three years from the date on which the resolution of preliminary approval is adopted. The application, in triplicate, and appropriate fee (see Article VI, § 246-54) shall be accompanied by one original tracing, one translucent cloth copy and 10 black-and-white prints at a scale of one inch equals 50 feet and shall be submitted to the Board Secretary at least three weeks prior to the regular meeting of the Land Use Board.
Final submission plats shall be drawn in ink
on translucent tracing cloth or its equivalent and shall comply with
all provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The
final plat shall show or be accompanied by only that information and
those details specified in the aforementioned New Jersey Map Filing
Law or in the following list:
A.
The date, location and name of the subdivision, name
of the owners, graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of street
names, easements and other rights-of-way, land to be reserved or dedicated
to public use, lot lines and other site lines, all with accurate dimensions,
bearings or deflection angles, and the radii, arcs and central angles
of all curves. Distances and bearings shall be on North American Datum
of 1927 or North American Datum of 1983, as specified by the engineer.
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.
All natural and artificial watercourses, streams, shorelines, water boundaries and encroachment lines shall be shown. Final stormwater outfalls in retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified in Subsection B above.
E.
Each block shall be numbered, and the lots within
each block shall be numbered consecutively, beginning with Number
1.
F.
Minimum building setback lines on all lots and other
sites.
G.
The location and description of all monuments.
H.
The names of owners of adjoining land parcels.
I.
Certification by a licensed land surveyor as to the
accuracy of details of the plat.
J.
Certification that the applicant is the owner or equitable
owner of the land or a representative thereof or that the owner has
given consent under an option agreement.
K.
An updated certification from the Tax Collector that
there are no delinquent taxes charged to the property involved in
the subdivision.
L.
The preliminary plat, engineering details, cross sections
and profiles of streets and plan and profiles of storm drainage systems,
approved by the engineer, shall be required to accompany the final
plat, with all conditions of preliminary approval met and reviewed
by the engineer prior to final plot submission.
M.
Plans and profiles of sanitary sewers and water mains
will be required to accompany the final plat.
N.
When approval of a plat is required by an officer
or body of the municipality, county or state, approval shall be certified
on the plat prior to its filing in the office of the Board Secretary.
O.
All approvals and permits from other agencies.
The final plat shall include all of the information
requested in of this article and shall additionally incorporate all
changes or modifications required by the Land Use Board, including
conditions of preliminary approval. The plat shall be accompanied
by the following:
A.
A letter from the applicant stating that no changes
other than those noted on the plat have occurred.
B.
A letter from the Municipal Engineer indicating that
the applicant has completed the installation of all improvements in
accordance with the requirements of this chapter or posted with the
City Clerk a performance guaranty in an amount sufficient to cover
the cost of all improvements required as estimated by the applicant's
engineer and approved by the Municipal Engineer.
C.
A letter from the Fire Department signed by the Chief
stating that waterlines and fire hydrants are adequate for fire protection.
D.
A letter from the Municipal Tax Collector certifying
that all taxes have been paid to date.
E.
A letter from the Board Secretary indicating the amount, form and content of the maintenance guaranty accepted by City Council and that fees estimated by the City Engineer required for construction inspection costs other than those relating to building permit have been paid (see Article VI, § 246-54).
[Amended 12-3-1997 by Ord. No. 97-13]
The Land Use Board shall grant final approval
if the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and, in
the case of a major subdivision, the standards prescribed by the Map
Filing Law, Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et
seq.), provided that, in the case of a planned unit development, planned
unit residential development or residential cluster, the Land Use
Board may permit minimal deviations from the conditions of preliminary
approval necessitated by change of conditions beyond the control of
the developer since the date of the preliminary approval without the
developer being required to submit another application for development
for preliminary approval.
A.
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant.
B.
If the Land Use Board approves, a notation to that
effect shall be made on each plat and signed by the Chairman and Secretary
of the Land Use Board.
C.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of Chapter 285
of the Laws of 1968 (N.J.S.A. 40:27-6.3), in the case of a subdivision,
the Land Use Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time period.
Final approval of a major subdivision shall
expire 95 days from the date of signing the plat unless within such
period the plat shall have been duly filed by the developer with the
County Clerk. At the expiration of the 95 days, the Land Use Board
Secretary shall check with the County Clerk to ascertain whether such
filing has occurred, if the County Clerk has not notified the Land
Use Board Secretary of such filing. The Land Use 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. The
Land Use Board may extend the ninety-five-day or one-hundred-ninety-day
period if the developer proves to the reasonable satisfaction of the
Land Use Board that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental or quasi-governmental entities
and that the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Land Use Board. The developer may apply for an
extension either before or after the original extension date.
Once a plat has been approved and filed within
the prescribed time period, the terms and conditions of that approval
shall not be changed for a period of two years from the date of approval.
The Land Use Board may extend the two-year limit for a period of one
year. Such extensions shall not be granted more than three times.
A.
A nonconforming use or structure existing at the passage
of this chapter may be continued on the lot or in the structure so
occupied, and any such structure may be restored or repaired in the
event of partial destruction.
B.
A prospective purchaser, mortgagee or any person interested
in land which includes a nonconforming use or structure may apply,
in writing, for the issuance of a certificate certifying that the
use or structure existed prior to the adoption of this chapter. The
applicant shall have the burden of proof. The applicant shall apply
for said certificate within one year of the passage of this chapter
or at any time to the Board of Adjustment.
A.
Reversion prohibited. A nonconforming use, once converted
to a conforming use, shall not revert to the nonconforming use or
to another nonconforming use.
B.
The expansion of a nonconforming use requires a use
variance and shall be by resolution of the Land Use Board.
C.
Review of plan required. All changes pertaining to
nonconforming uses shall require the review of a plan in order to
make an informed determination that the existing site conditions are
adequate to serve the use and meet the minimum requirements for the
public safety; said plan shall be approved by resolution of the Board.
A nonconforming lot shall not be reduced in
area or dimensions.
