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.
[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 $1,000. 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.
C.
Industrial subdivisions. The following fess shall be applicable to
industrial subdivisions:
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.
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.
