The Township Council shall designate an inspector to enforce the provisions of this chapter. The inspection of actual construction under any approved subdivision plat shall be the sole responsibility of the Township, which may undertake any reasonable measures to provide adequate inspection of all projects.
No lot in a subdivision may be sold unless the subdivision has been approved by the Planning Board and the Township governing body and recorded by the county recording officer. No building permit may be issued for a lot that has not been properly subdivided. The applicant's attention is called to the fact that subdivision approval is not the sole approval necessary for the issuance of a building permit. Compliance by the applicant with the requirements of the Site Plan Review Ordinance, the Zoning Ordinance, the Soil Erosion and Sediment Control Ordinance, the Floodplain Ordinance,[1] historic site district or zone protection and other applicable ordinances may or will be necessary. Approval from any of the Township's boards or agencies under this Subdivision Ordinance in no way connotes approval or waiver of the Township's right or the applicant's duty under any other ordinance of the Township of Mount Laurel. Subdivision by definition, deals with the division of lands, perhaps as a part of but not necessarily with the construction of buildings, and approval by this Board under the Subdivision Ordinance can in no way be deemed nor shall be deemed prejudicial of this Board or any other board or agency or body of the Township as to the right of review under other ordinances.
[1]
Editor's Note: See Ch. 124, Site Plan Review; Ch. 154, Zoning; Ch. 130, Soil Erosion and Sediment Control; and Ch. 83, Floodplain Protection, respectively.
[Amended 10-1-1984 by Ord. No. 1984-33]
If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 30 days, and each parcel, plot or lot so disposed of shall be deemed a separate violation. In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section Three of the Official Map and Building Permit Act (1953),[1] the Township may institute and maintain a civil action for injunctive relief, to set aside and invalidate any conveyance made pursuant to such a contract or sale is a certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953, but only if the Township has a Planning Board or a committee thereof with power to act and which meets regularly on a monthly or more frequent basis and whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953. 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 subdivider or his assigns or successors to secure the return of any deposit 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 to transfer, sale or conveyance of said land or within six years if unrecorded.
[1]
Editor's Note: See now N.J.S.A. 46:23-9.9 et seq.
[Amended 9-18-1989 by Ord. No. 1989-34; 4-19-1999 by Ord. No. 1999-2; 3-15-2010 by Ord. No. 2010-5]
The following schedule of fees shall be required for all applications and other matters pertaining to this chapter. No action shall be taken by the Planning or Zoning Board until all applicable fees have been paid. The schedule of fees shall be on file in the office of the Municipal Clerk and such other place or places as the Planning Board shall direct.
A. 
Initial application and sketch plan for minor subdivisions. The initial application for subdivision shall require payment of a fee of $275, plus the posting of an escrow fee of $1,500 per lot. The amount placed in escrow shall be set up in an escrow fund to be placed with the Township Treasurer. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect and make recommendations on the proposed subdivision, including but not limited to legal, engineering and planning services and including the Mount Laurel Fire Official or other persons so designated by the Mount Laurel Fire Commission. If at any time the escrow fund shall be deemed insufficient by the Planning or Zoning Board to cover actual or anticipated expenses, said fund shall be subject to increase on demand. In addition, an applicant for a major subdivision shall make payments to the escrow fund at both the preliminary approval and final approval stages in amounts as set forth below, unless the necessity for such increase in the escrow fund is waived by the Board. Any excess of the funds in the escrow account at the time of final acceptance of improvements will be returned to the subdivider upon his request in writing. If at any time it becomes evident that the escrow fund is or will be insufficient to cover the expenses of the Township's professionals, the subdivider shall increase the fund as required by the Planning or Zoning Board.
[Amended 10-2-2023 by Ord. No. 2023-10]
B. 
Major subdivisions. The following fees shall be applicable to major subdivisions:
(1) 
Preliminary or amended preliminary plat.
(a) 
Application fee: $275; plus
(b) 
Residential escrow: $3,000 plus $100 per lot; or
[Amended 10-2-2023 by Ord. No. 2023-10]
(c) 
Nonresidential escrow: $5,000 plus $100 per lot.
[Amended 10-2-2023 by Ord. No. 2023-10]
(2) 
Final or amended final plat.
(a) 
Application fee: $275; plus
(b) 
Residential escrow: $3,000 plus $100 per lot; or
[Amended 10-2-2023 by Ord. No. 2023-10]
(c) 
Nonresidential escrow: $5,000 plus $100 per lot.
[Amended 10-2-2023 by Ord. No. 2023-10]
(3) 
Conceptual review:
[Amended 10-2-2023 by Ord. No. 2023-10]
(a) 
Application fee: $100; plus
(b) 
Escrow: $2,000, to be used in conjunction with professional review of the concept plan.
(4) 
Special meetings:
(a) 
Application fee: $100; plus
(b) 
Escrow: $250.
C. 
Industrial subdivisions. The following fess shall be applicable to industrial subdivisions:
(1) 
Initial submission: fees and escrows set forth for major subdivisions, Subsections A and B of this section.
(2) 
Submissions of interior lot line changes: those fees as set forth above applicable to initial application and sketch plat, Subsection A of this section.
D. 
Fees for extension of approvals.
(1) 
Application fee: $150; plus
(2) 
Escrow: $250.
E. 
Publication of final decision fee: $40.
F. 
Certificate of subdivision fee: per state statute.
[Added 7-2-1984 by Ord. No. 1984-23; amended 4-19-1999 by Ord. No. 1999-2, 7-22-2019 by Ord. No. 2019-30]
A. 
No application for development shall be deemed complete if there are outstanding, uncollected fees and escrows resulting from past application or prior submissions involving the property in question or any part thereof, including the base tract.
B. 
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said 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 municipality will be adequately protected.
C. 
No date for hearing shall be set until the administrative officer of the Board certifies the application as complete.
D. 
In addition to the payment of past due fees and escrows as are set forth above, a complete application shall consist of the following:
(1) 
A properly completed application form furnished by the municipality or submission of all of the information required by such form.
(2) 
Payment of the requisite fee and escrows.
(3) 
If no taxes or assessments are delinquent, proof of payment of taxes.
(4) 
Plans and supporting documentation as required by this chapter.
(5) 
Checklist as set forth in § 34-28.2D.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of Mount Laurel Township. Any action taken by the Planning Board and the governing body, under the terms of this chapter, shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board and governing body may permit such deviation of the regulation imposed as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. Any requested waiver or deviation by the developer must be made in written form and heard by the Planning Board at a regularly scheduled public meeting, at which time the developer shall produce the necessary documentation, either by exhibits or testimony, to support his request. If permitted, the deviation found to be necessary by the Planning Board shall be produced in written form, consisting of findings of fact, conclusions of law and the adoption of a resolution of recommendation by the Planning Board and submitted to the governing body for its approval.