Township of Franklin, NJ Subdivision Review

Subdivision review fee. Accompanying each application for subdivision review pursuant to this chapter, the applicant shall pay a subdivision review fee as provided for in Chapter 225, Land Use Fees.

Construction and final inspection escrow amount. Prior to the issuance of a construction permit and prior to authorization to start construction of site improvements, the person to whom the permit is issued shall pay the applicable construction and final inspection escrow amount as provided for in Chapter 225, Land Use Fees. All improvements except electric, gas, water and telephone lines shall be installed under the supervision and inspection of the Township Engineer in accordance with said chapter. If any construction is commenced prior to tentative or final subdivision approval, the applicant shall be required to deposit the appropriate sum in an amount estimated by the Township Engineer to be credited toward such supervision and inspection charges.

Environmental impact statement. Accompanying each application for preliminary major subdivision review pursuant to this chapter, the applicant shall submit an environmental impact statement prepared in accordance with the provisions of Article VII of this chapter.

Time to submit. An application for subdivision review shall be submitted to the Board Clerk at least three weeks prior to the regular meeting at which consideration is desired.

Submission of application, complete application and applicable time periods.

[Amended 12-4-1997 by Ord. No. 97-44; 5-24-2012 by Ord. No. 2012-04]

The Township's Land Use Administrator shall provide an applicant with written confirmation that an application has been submitted. No application for development shall be deemed "submitted" until and unless the Land Use Administrator determines that the application meets the following requirements:

All relevant blanks on the appropriate Township application form(s) are addressed and completed.

All plans required to be submitted have been submitted and are sealed by the appropriate professionals, as required.

If waivers are requested from any checklist requirement, a written explanation must be provided for each checklist item from which a waiver is sought.

Checks in the correct amount for the application and escrow fees are received.

(e)

An escrow agreement is properly executed by the applicant.

An application for development shall be deemed complete within 45 days of being submitted if the Land Use Administrator recommends that the application be deemed complete and all submission waivers granted and that recommendation is accepted by the Land Use Board by way of a motion taken at a regularly scheduled meeting. In the event the application is not certified to be complete within 45 days of the date of being submitted, the application shall be deemed complete as per N.J.S.A. 40:55D-10.3, unless:

The application lacks information indicated on the applicable checklist; and

The Land Use Administrator has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.

Nothing herein shall be construed as diminishing or alleviating the applicant's obligation to prove its entitlement to the relief sought after the application has been deemed complete.

The approving authority may subsequently require additional information to correct any information in a complete application that is found to be in error or require the submission of additional information not specified in the ordinance, as may be reasonably necessary to make an informed decision as to whether the requirements necessary for an approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or revisions in the accompanying documents so required by the approving authority.

(5)

There shall be submitted to the approving authority with every application for development a properly completed checklist, or checklists, appropriate for each application for development for which approval is sought or required. No application for development shall be complete unless and until such properly completed checklist(s) has been submitted.

Amended applications. If the Board required any substantial amendment in the layout of improvements proposed by the applicant that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Board shall, if the proposed development complies with this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), grant preliminary subdivision approval.

Corporate or partnership application.

Names and addresses of owners. A corporation or partnership applying to the Land Use Board or the Township Committee 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.

Subsidiary or parent listing. 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 G(1) above, such corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or having 10% or greater interest in the partnership, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent-ownership criteria have been listed.

Nonapproval. The Land Use Board or Township Committee shall not approve the application of any corporation or partnership which does not comply with this Subsection G.

Penalty. Any corporation or partnership which conceals the names of any stockholders owning 10% or more of its stock or of any individual partners owning 10% or greater interest in the partnership shall be subject to a fine of $1,000 to $10,000, which shall be recovered in the name of the Township in any court of record in New Jersey in a summary manner pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.).

Time for approval. Upon the submission to the Board Clerk of a complete application for subdivision review of 10 or fewer lots, the 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 by the applicant. Upon the submission to the Board Clerk of a complete application for subdivision review of more than 10 lots, the 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 by the applicant. Otherwise, the Board shall be deemed to have granted preliminary approval of the subdivision.

Substantial change to application; inactive application.

New application required for substantial change to application. Any changes made to an application during the hearing process before the approving authority which are deemed by the approving authority to be substantial shall require a new application to be filed. All time frames will begin from the date the new application is submitted and deemed complete.

Dismissal of inactive applications. An application which is not brought to a public hearing within six months of filing may be administratively dismissed without prejudice if the Land Use Administrator finds that the applicant is not diligently proceeding with the application.

§ 310-58 Minor subdivision review requirements.

The following special requirements shall apply to the submission of applications for minor subdivision review. Unless specifically modified in this section, all requirements for major subdivisions shall apply to applications, reviews and approvals of minor subdivisions pursuant to this chapter:

Application form. The application form for minor subdivision review shall be completed as provided for in § 310-57A of this article and shall contain or be accompanied by such information as may be reasonably required by the Board to make an informed determination as to whether the requirements necessary for minor subdivision approval have been met.

Scale of plats. Plats for minor subdivision review shall be drawn to a scale of not less than one inch equals 50 feet for each proposed new lot. The entire tract to be subdivided and the land remaining may be drawn to a scale of not less than one inch equals 100 feet. Data specific to the proposed lot or lots shall be shown on the larger (one inch equals 50 feet) scale plat. Scales may be waived by the Board.

Notice and hearing. Notice and public hearing on applications for minor subdivision review may be waived if the Board or the Subdivision Review Committee thereof appointed by the Chairman finds that the application conforms to the definition of minor subdivision. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board; provided, however, that the Board may condition its approval upon terms ensuring the provision of certain limited improvements as in the case of major subdivisions pursuant to § 310-70 of this article.

Time for approval. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Board Clerk or within such further time as may be consented to by the applicant. Failure of the Board to act within the time prescribed shall constitute minor subdivision approval and a certificate of the Board Clerk as to the failure of the Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of a written endorsement or other evidence of approval and shall be so accepted by the County Clerk for purposes of filing in the same manner as for an approved deed.

Expiration of approval. Approval of a minor subdivision shall expire 190 days from the date of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.),[1] or a deed clearly describing the approved minor subdivision, is filed by the applicant with the County Clerk, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for filing shall have been signed by the Chairman and Secretary of the Board.

[1]

Editor's Note: N.J.S.A. 46:23-9.7 et seq. was repealed by L. 2011, c. 217, § 2, effective 5-1-2012. See now N.J.S.A. 46:26B-1 et seq.

Protection. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of such minor subdivision approval; provided, however, that the plat or deed shall have been duly recorded as provided for in Subsection E above.

Underground utilities. Underground utilities are required as provided for by § 310-59B(23). See also the requirements for previously created but undeveloped or redeveloped lots in § 272-12C.

[Added 4-13-1995 by Ord. No. 95-4]

§ 310-59 Preliminary plat details.

[Amended 12-27-1996 by Ord. No. 96-32]

All plats or plans accompanying an application for subdivision or site plan review shall be clearly and legibly drawn, certified and sealed by a licensed New Jersey professional engineer or land surveyor, depending on the nature of the information to be provided, on one of the following four sheet sizes:

Eight and one-half inches by 13 inches.

Fifteen inches by 21 inches.

Twenty-four inches by 36 inches.

Thirty inches by 42 inches.

In addition, the plat or plans shall include a sheet upon which the entire tract and proposed subdivision or site plan is shown. Plans and plats shall be reproduced to a scale of not less than one inch equals 50 feet, unless waived by the Board, with additional details drawn at appropriately larger scales for clarity, and shall show or be accompanied by the following minimum information:

A title block containing the name of the project, if any, and the name and address of the record owner or owners, the applicant and the person or persons who prepared the plat.

The date of the original plat and of each subsequent revision. When more than one drawing is involved, a revision index shall be included on the first drawing which shall list each sheet involved and its latest revision number and date. Such index shall be located in the lower right portion of the drawing, near the title block, so as to be visible when the drawing is folded.

The zoning district(s) in which the tract is located.

The Tax Map sheet, block and lot numbers of the tract and the proposed lot number of each proposed new lot as directed by the Township Tax Assessor.

(5)

The scale of each plat and detail, both written and graphic.

(6)

A North arrow and reference for its source.

(7)

A sealed key map showing the entire tract, surrounding properties within 200 feet and the nearest roadway intersection.

(8)

Certificates and locations for signatures on the plat for the following:

[Amended 12-4-1997 by Ord. No. 97-44]

That the applicant is the owner of the land or that the owner or owners have given consent for the application.

That the professional engineer or land surveyor has prepared the plat accurately in accordance with current field survey data.

That the subdivision has been approved by the Township Land Use Board, to be signed by the Chairman and Secretary thereof.

That the plat complies with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and designating the date on or before which the plat must be filed with the County Clerk.

(9)

A certificate from the Township Tax Collector that all taxes on the property have been paid to the date of the application.

(10)

The names of owners and lot and block numbers of all properties located within 200 feet of the full tract, including properties across any existing or proposed street.

(11)

The acreage of the full tract to the nearest 1/100 of an acre.

(12)

The dimensions of the lot lines of each proposed lot, expressed in feet to the nearest 1/100 of a foot; bearings of each lot line, expressed in degrees, minutes and seconds; the area of each proposed lot, expressed in square feet; and the acreage of each proposed lot, expressed to the nearest 1/100 of an acre.

(13)

The location and description of all monuments found, set and to be set, in accordance with the Map Filing Law, and, additionally, a note indicating that all lot corners, including those of remaining lands, shall be monumented in accordance with prevailing surveyor's standards.

(14)

The minimum building setback lines (front, rear and side) on all lots and, within the building envelope, the buildable areas of each lot.

(15)

Contour lines.

For subdivision lots of less than 10 acres and for the area to be disturbed on major and minor site plans, existing and proposed contours with intervals of one foot where slopes are less than 2%, with intervals of two feet where slopes are from 2% to 15% and with intervals of five feet where slopes exceed 15%.

In addition, for all subdivision lots and for the area to be disturbed on major and minor site plans, existing and proposed spot elevations to 0.25 foot where slopes are 0% to 2%.

For subdivision lots of 10 acres or greater and for the area to remain undisturbed on major and minor site plans, contours as shown on the United States Geological Survey topographic sheets (most current revision).

For all applications, contours within 200 feet of the property as shown on the United States Geological Survey topographic sheets (most current revision).

(e)

All contour information shall refer to a known datum and be based upon a current and accepted field survey. Existing contours shall be shown as a dashed line. Finished grade shall be shown as a solid line. Slopes of 15% or greater shall be shaded.

(16)

A sketch of remaining lands showing feasible possible development plans of the entire tract to allow the Board to determine the usability of the land remaining.

(17)

Location, description, purpose, name and width of all existing and any proposed streets, rights-of-way and easements on the entire tract and within 200 feet of the tract and a notation of Township Committee approval of the names of proposed roads. Existing driftways shall be shown on preliminary plats only.

(18)

Location of all existing buildings or structures on the property and within 200 feet and their setbacks from existing and proposed property lines.

(19)

Locations and dimensions of existing and proposed railroads, bridges, culverts, drainpipes, drainage structures, wells and septic systems, driveways and driftways on the property and within 200 feet.

(20)

Location of any natural features, such as watercourses, floodplains, wooded areas, open or cultivated fields, cliffs and rock outcroppings on the property and within 200 feet and species and location of all trees eight inches or greater in diameter at four feet above grade, if such trees are within buildable areas.

(21)

Plans and profiles and cross sections every 50 feet of all proposed streets and profiles of existing or future continuing streets, a minimum of 200 feet beyond the boundaries.

(22)

Location and layout of proposed parking and driveway areas on the property and within 200 feet.

(23)

Plans, profiles and cross sections of existing and proposed utility layouts (water, electric, telephone, gas or television cable) showing connections to existing or proposed utility systems.

(24)

Plans and profiles of all existing and proposed sanitary sewers, storm drains, drainage ditches and streams within the property and within 200 feet, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewers, storm drains, drainage ditches or streams to which the proposed facility shall be connected.

(25)

A copy of the drainage design calculations, including watersheds and stormwater analyses, together with a marked plat showing the various watershed areas. If, in the opinion of the Board, the subdivision may create or contribute to a drainage problem, the Board may require the provisions of Chapter 316, Surface Water Management, and Chapter 290, Soil Erosion and Sediment Control and the Township Off-Tract Improvements Ordinance be followed and/or the submittal of the proposal by the applicant to the appropriate soil conservation district for review and report.

(26)

When a public sewage disposal system is not available to the proposed subdivision, two percolation tests and one soil log shall be made and witnessed for each proposed lot and for remaining lands unless the remaining lands exceed 15 acres in area or contain an existing operating system. Such tests and log shall be within the building envelope and shall be submitted to the Department of Health for approval. The locations and results of these tests and log shall be shown on the plat. The percolation tests shall be located not less than 20 feet nor more than 40 feet from each other in the location where the disposal facilities are proposed to be installed. Approval of any proposed subdivision shall not be granted Unless the test and log results meet all of the requirements of all laws and regulations nor where other physical characteristics of the land would cause unsanitary septic conditions.

(27)

Appropriate road dedication to the Township, County or state in accordance with ordinance or statute requirements.

(28)

Sight triangle easements at all roadway intersections, 100 feet in each direction along the major roadway measured from each right-of-way line of the minor roadway and 30 feet on both sides of the minor roadway measured from the adjacent right-of-way line of the major roadway.

(29)

Drainage easements for all watercourses.

(30)

Delineation of aquifer recharge areas and indication of safe, sustained groundwater yield of the subdivision compared to the anticipated groundwater consumption for the proposed development.

(31)

A landscaping plan.

(32)

A copy of any protective covenants or deed restrictions applying to the land.

(33)

When the development of the property and its improvements is contingent upon information outside, the boundaries of such subdivision such information shall be supplied by the applicant.

(34)

All stream encroachments requiring permits.

(35)

Front, side and rear building elevations, including showing architectural design and dimensions on all proposed nonresidential structures, excluding farm structures and structures which are accessory to residential uses.

[Added 8-19-1999 by Ord. No. 99-11; amended 10-21-1999 by Ord. No. 99-13]

(36)

Any other information or data required or requested by the Board or the Township Engineer and considered necessary to meet the requirements of this chapter.

§ 310-60 Review of application; reports.

The application for subdivision review and any accompanying documentation shall be reviewed by the Environmental Commission, the Township Engineer, the County Planning Board, if appropriate, and the County Department of Health. If the Township Engineer's report indicates that the application does not comply with all applicable ordinances, the Township Engineer shall notify the applicant in writing of the respects in which it does not comply, together with a copy of his report to the Board. Neither the failure of the Township Engineer to so notify the applicant nor the omission of any zoning or subdivision noncompliance from such notification shall relieve the applicant from the requirements of such ordinances. The application for subdivision review shall be reviewed as hereinafter provided for, notwithstanding the noncompliance with such ordinances as indicated in the said report, but the grant of any approval thereon shall not relieve the applicant from any provision of such ordinances, nor shall such approval, unless it specifically so indicates, constitute a recommendation of any zoning variance or other relief that the applicant may thereafter seek from the Land Use Board.

§ 310-61 Approval or disapproval.

The Board shall, after receiving the reports of the various agencies and officials indicated in § 310-60 of this article and of other professionals as deemed by the Board to be necessary, review the application for subdivision review and take action thereon. The Board shall be guided in this action by the site and environmental standards set forth in Article XI, the improvement and design standards for major subdivisions set forth in Article IX and any other applicable provisions of this chapter and may retain such consultants and seek such expert advice as it shall deem necessary. The applicant shall have the right to appear before the Board and be heard with respect to the application. After completion of its review the Board shall approve or disapprove the application, stating its findings and the reasons for its action. Approval may be conditioned upon the applicant's adoption of specified changes in the application or needed variances, or both. A copy of the Board's findings and official action shall be given to the applicant, the Township Engineer, the Construction Code Official, the Board Attorney, the Township Committee and the Zoning Officer.

§ 310-62 Effect of preliminary approval.

Preliminary approval of a major subdivision shall confer upon the applicant, for the same periods and subject to the same conditions, the same rights conferred by preliminary site plan approval as delineated in N.J.S.A. 40:55D-49.

§ 310-63 Improvement and design standards.

The improvement and design standards for major subdivisions set forth in Article IX of this chapter shall be utilized by the Board in reviewing all major subdivision plats. These standards are intended to provide a frame of reference for the applicant in the development of subdivision plats as well as to provide a method of review for the Board. They are not to be regarded as inflexible requirements nor are they intended to discourage creativity, invention and innovation.

§ 310-64 Deed descriptions.

The Board shall require an applicant for a minor or major subdivision, as a condition of approval, to include provisions in an instrument in recordable form to provide record notice to future buyers of the following items, such instrument to be approved by the Board prior to the filing of the final subdivision plat:

Public road dedication. The deed description shall indicate that 25 feet from the center line of any public roadway upon which the lot or lots front is dedicated for public use as a road. Required lot size shall include any area dedicated for or within the roadway right-of-way. The deed description shall run to the center line of any such public roadway and shall contain the statement that it is subject to the rights of the public for use as a public roadway within the strip 25 feet wide running along the center line of such public roadway.

Right to farm. For the purpose of giving due notice to proposed residents of nearby nonresidential uses, the instrument shall contain a statement reading as follows: "Grantee is hereby NOTICED that there is or may in the future be farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under § 220-13, regarding the right to farm, of the local Land Use Ordinance.''

§ 310-65 Simultaneous review.

The Board shall have the power to review and approve or deny site plans simultaneously with review for subdivision approval without the applicant's being required to make further application to the Board or the Board's being required to hold further hearings. The longest time period for action by the Board, whether it be for site plan, land use variance, or subdivision approval, shall apply.

§ 310-66 Final plat details.

[Amended 12-27-1996 by Ord. No. 96-32]

All plats accompanying an application for final major subdivision review shall comply with all requirements of plats for preliminary major subdivision review as delineated in § 310-59 of this article and shall be in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9. These plats shall represent the improvements as built and installed by the applicant and/or his contractor. In the event that modifications in the preliminary approved subdivision plats are necessitated by a change of conditions beyond the control of the applicant, such modifications may be permitted by the Board or the Township Engineer, provided that such modifications do not substantially alter the character of the development nor substantially impair the intent and purpose of the Master Plan, this chapter, Chapter 220, Land Use, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or any other ordinances of the Township. These as-built plats shall also show or be accompanied by the following additional information:

An additional set of plats drawn to the current Tax Map scale, to be filed with the Township Engineer. The applicant must verify the scale of the applicable Tax Map sheet. For any major subdivision or site plan, the applicant shall also provide information in digitized format in accordance with standards of the Township GIS/GPS data collection and retrieval system.

[Amended 9-3-1998 by Ord. No. 98-44D]

Signatures on all certificates which were not required at the time of preliminary review.

A block for certification by the Township Engineer that all improvements have been installed, such as streets, curbs and gutters, catch basins, storm sewers, sanitary sewers, water mains and surface grading.

Description and purpose of any easements or other rights-of-way which are planned to be reserved or dedicated to the public use.

§ 310-67 Final approval.

The Board shall grant final approval of a major subdivision if the detailed as-built drawings and specifications of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and the standards prescribed in the Map Filing Law.

Final approval shall be granted or denied within 45 days after submission of a complete application, including 12 copies of the proposed final plats, to the Board Clerk or within such further time as may be consented to by the applicant. Failure of the Board to act within such time shall constitute final approval of the subdivision and a certificate of the Board Clerk as to the failure of the Board to so act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval and it shall be so accepted by the County Clerk for the purposes of filing final subdivision plats.

§ 310-68 Effect of final approval.

The zoning requirements applicable to the preliminary subdivision approval first granted and all other rights conferred upon the applicant pursuant to § 310-62 of this article, whether conditional or otherwise, shall not be changed for a period of two years from the date of final approval; provided, however, that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 310-69 of this article, and provided further that if the design standards prescribed for final subdivision approval have been followed by the applicant and if the plat has been duly recorded pursuant to § 310-69 of this article, the Board may extend the period of protection for extensions of one year, not to exceed three such extensions. Final subdivision approval terminates the time period of preliminary approval for the section or sections granted final approval.

In the case of a major subdivision of 150 acres or more, these rights may be granted by the Board for the same additional periods and subject to the same conditions as for final site plan approval delineated in § 310-47B and C of Article VI of this chapter.

§ 310-69 Recording of final approval.

Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless within such period the plat shall have been duly filed by the applicant with the County Clerk. 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.

No subdivision plat, whether for a minor or a major subdivision, shall be accepted for filing by the County Clerk until it has been approved by the Board as indicated on the plat by the signatures of the Chairman and Secretary of the Board or a certificate has been issued by the Board Clerk indicating the failure of the Board to act within the required time period. The signatures of the Chairman and Secretary of the Board shall not be affixed until the applicant has posted the guaranties required pursuant to this chapter. If the County Clerk records any plat without such approval, such recording shall be deemed null and void, and upon request of the Township the plat shall be expunged from the official records.

It shall be the duty of the County Clerk to notify the Board in writing, within seven days, of the filing of any plat, identifying the instrument by its title, date of filing and official number.

Upon the filing of a subdivision plat the County Clerk, at the same time notification is given pursuant to Subsection C above, shall send a copy of such notification to the Township Tax Assessor.

§ 310-70 Performance bond; cash deposit.

As a condition of final subdivision approval the Board may require and accept from the applicant, for the purpose of ensuring the installation and maintenance of certain limited on-tract improvements, the furnishing of a corporate surety performance bond in favor of the Township, together with a cash deposit, all in accordance with the requirements as set forth for final site plan approval in § 310-48 of Article VI of this chapter.

§ 310-70.1 Tax maintenance fees; form of plat.

[Added 5-22-2008 by Ord. No. 2008-05]

The following fees shall be paid by the applicant at the time of passage of a resolution of subdivision approval by the Planning Board or the Board of Adjustment of the Township of Franklin for the cost of making updates and modifications to the Tax Map of the Township of Franklin relating to said applications:

Minor subdivision, two lots or less: $250;

Final major subdivision:

Three to six lots: $500.

Seven to 10 lots: $750.

Eleven to 14 lots: $1,250.

Fifteen or more: $1,500, plus $50 per lot in excess of 15.

Payment of the fee required hereunder shall be considered a checklist item. The fee shall be paid and held by the escrow administrator until the application is approved.

At the time the final plat is submitted for signatures of municipal officials, the applicant shall submit a CAD-generated data file(s) directly translatable into an identical image of the final plat, conforming to the following. The format of the file shall be either:

An AutoCAD drawing file (i.e., a DWG extension file) compatible with AutoCAD Release 13 or later; or

An ACSII drawing interchange file (i.e., DXF extension file) compatible with CAD Release 13 or later.

§ 310-71 Variance power.

[Amended 10-31-2006 by Ord. No. 2006-12]

Whenever the proposed development requires approval, pursuant to the Municipal Land Use Law or to ordinance, of a subdivision but not of a variance pursuant to N.J.S.A. 40:55D-70d, the Board shall have the power to grant variances in accordance with the terms of § 310-49 of Article VI of this chapter.

§ 310-72 Transfer before approval; penalty.

If, before final subdivision approval has been granted, any person transfers, sells or agrees to sell, except pursuant to an agreement specifically conditioned upon final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed a separate violation.

In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale; provided, however, that a certificate of compliance has not been issued in accordance with § 310-73 of this article.

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 applicant or his assigns or successors, to secure the return of any deposits made or purchase price paid and also any reasonable search fees, survey expense and/or title-closing expenses. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land or within six years of such transfer, sale or conveyance if unrecorded.

§ 310-73 Certificate showing approval.

A prospective purchaser, mortgagee or any other person interested in land forming part of a subdivision or which formed part of a subdivision since August 1, 1973, may apply in writing to the Township Clerk or other designated Township official for the issuance of a certificate certifying whether or not such subdivision has been approved by the Board. The application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof. The Township official shall make and issue such certificate within 15 days after receipt of the application and fees therefor as prescribed below. The Township official 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:

Whether there exists in the Township a duly established Land Use Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

Whether the subdivision, as it relates to the land shown in such application, has been approved by the Board, and if so, the date of approval and any extensions and terms thereof, showing the subdivision of which the lands are a part as a validly existing subdivision.