There shall be no division of any lot, tract
or parcel of land in this Borough into two or more lots, tracts or
parcels of land for sale or development without first obtaining subdivision
approval from the Planning or Zoning Board.
The following terms, when cited in this chapter,
shall have the meaning set forth in N.J.S.A. 40:55D-5 and N.J.S.A.
40:55D-7, as amended and/or supplemented from time to time: subdivision,
minor subdivision and major subdivision. In no case shall a subdivision
which results in more than two lots be considered a minor subdivision.
The owner or applicant shall submit 15 copies
of all documents, including subdivision plans, a survey showing current
conditions of the property, application forms and any supporting documents
to the Zoning Official. The application shall be made on forms available
from the Zoning Office and shall be accompanied by satisfactory written
proof that all taxes or assessments for local improvements on the
premises have been paid, submission of all applicable application
and escrow fees as well as a completed copy of the appropriate checklist
for the application. The fees shall be paid in cash or by check payable
to the Borough of Stone Harbor. All documents and fees shall be submitted
simultaneously.
Within 45 days of receipt of the application package, the Planning or Zoning Board or its authorized committee or designee shall review the application for administrative completeness to verify that all information as required by this chapter is included. If the application is deemed complete, the applicant shall be notified and assigned a hearing date at an upcoming Board meeting. The applicant at this time will also be authorized to serve and publish the necessary public notices. If the application is deemed incomplete, the applicant shall be notified in writing of the deficiencies of the application. The application shall be deemed incomplete if any of the required items noted in §
345-40 are not included and/or if the application lacks information required on the appropriate checklist for the application. The applicant may request that one or more of the subdivision plan requirements or checklist items be waived. In the case of a waiver request, the applicant shall submit a written narrative attached to the application indicating the specific items for which a waiver is sought and the applicants' reasoning to justify such a waiver. Notations on the checklist regarding any waivers are not sufficient to satisfy this requirement. Should the application not be certified complete within 45 days of its receipt, it shall be deemed complete, subject to the exceptions set forth in N.J.S.A. 40:55D-10.3, as amended and/or supplemented from time to time.
In determining whether or not to grant subdivision
approval, the Planning Board may consider and use as a guide in their
deliberations the subjects discussed in N.J.S.A. 40:55D-38, 39 and
40. The time frames for granting or denying minor or major subdivision
approval shall be as specified in N.J.S.A. 40:55D-1 et seq., as amended
and/or supplemented from time to time.
The Planning Board may, by its rules and regulations,
waive the requirement of notice and public hearing for an application
for development of a minor subdivision in accordance with the provisions
of N.J.S.A. 40:55D-47, as amended and/or supplemented from time to
time.
Whenever review or approval of the subdivision
application by the County Planning Board is required by N.J.S.A. 40:27-6.3,
as amended and/or supplemented from time to time, the Planning Board
shall condition any approvals that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or the approval by the County Planning Board by its failure to report
thereon within the required period of time.
Upon approval, all subdivision plats (both minor
and major) shall be filed with the County Recording Office in accordance
with the New Jersey Map Filing Law. The time frames for filing of minor and major subdivision
plats shall be as specified in N.J.S.A. 40:55D-1 et seq., as amended
and/or supplemented from time to time.
All subdivision plans submitted shall clearly
show the conditions of the site at the time of the application as
well as any features of the site which are to remain. The plans submitted
as part of the application shall be prepared by the appropriate professionals
as required in N.J.A.C. 13:40-7.1 et seq., as amended and/or supplemented
from time to time, as licensed to practice in the State of New Jersey.
A. The subdivision application shall include the following
information and data (where practical the information shall be included
on the plan):
(1) Owner's name and address.
(2) Applicant's name and address.
(3) Street address of the property upon which development
is to take place.
(4) Block and lot of property upon which development is
to take place.
(5) Applicant's standing to make application, if not the
owner of the property.
(6) If applicant is a corporation or partnership, the
name of all stockholders or partners owning 10% or more of the applicant's
business.
(7) The nature of the application and any relief sought
in connection with the application for development. The applicant
shall attach a Schedule 1 containing a detailed narrative description
of the entire application, including, but not limited to, the present
size, location and character of the subject property, and the proposed
development for which approval is sought. The applicant shall also
attach a Schedule 2 if applicant is seeking relief from one or more
specific ordinance requirements, containing the particular ordinance
citation and a verbatim statement of what the ordinance says, and
why the applicant should be entitled to Board approval.
(8) All requirements necessary for filing the plat in
accordance with the New Jersey Map Filing Law.
(9) Description of the present use of subject property.
(10)
Description of the proposed use of subject property.
(11)
Total cost of the project.
(12)
Description of the plans for development, such
as whether or not developer intends to sell lots only, construct houses
or other buildings on property for sale, or otherwise.
(13)
A schedule of all zoning requirements and an
indication of where the application does not comply.
(14)
A statement as to whether or not prior variances
or zoning interpretations have been obtained from the Board of Adjustment
in connection with this property.
(15)
A statement as to whether or not demolition
is contemplated and, if so, what is to be demolished and when.
(16)
A statement as to whether or not all other governmental
approvals have been obtained and, if not, what other governmental
approvals are necessary in connection with the development.
(17)
A statement as to whether any portion of the
property has been classified as environmentally impacted, is an environmentally
sensitive area or has been designated as wetlands by the State of
New Jersey.
(18)
If an agent is filing the application on behalf
of his principal, evidence of the appointment on a form approved by
the Board must be supplied with the application.
B. A copy of the notices of hearing, together with an
affidavit of publishing in the newspaper signed by an official of
the newspaper and an affidavit of service upon property owners within
200 feet and others required to be served with the notice of hearing,
shall be presented to the Board Secretary at least four days prior
to the hearing. Additionally, affidavits of service upon the Cape
May County Planning Board, the Commissioner of Transportation of the
State of New Jersey, and the Director of the Division of State and
Regional Planning of the Department of Community Affairs shall be
supplied, where same are required by statute or the rules of procedure
of the Board.
C. The application for development requesting subdivision approval shall be accompanied by a survey (plat) as defined in Chapter
1, Article
II, of the Code of the Borough of Stone Harbor, showing the existing and proposed lots. The plat shall indicate square footage of the lot and the subject structures and also the coverage percentage, and any other information required under local law or state statute (N.J.A.C. 13:40-5.1).