The purpose of subdivision review shall be to exercise the powers granted to the Borough in the Municipal Land Use Law and to ensure that land subdivision in the Borough shall adhere to the provisions of the Zoning Ordinance,[1] the Revised Statutes of the State of New Jersey, the resolutions of the County of Camden, the provisions of this chapter and all other applicable regulations. Subdivision review shall be administered to ensure the orderly growth and development, conservation, protection and proper use of land and the adequate provision for circulation, utilities and services.
[1]
Editor's Note: See Ch. 125, Zoning.
[Amended 8-13-1991 by Ord. No. 7-91]
The following regulations shall apply to the applications for the approval of minor subdivisions as defined by this chapter.
A. 
The applicant shall submit the application for minor subdivision approval to the Planning Board's administrative officer at least 14 days prior to the next regularly scheduled meeting of the Planning Board. The application shall include:
(1) 
Completed Borough application form in triplicate.
(2) 
Camden County Planning Board application form in quadruplicate.
(3) 
A certificate from the Borough Tax Collector that no taxes or assessments are due or delinquent (tax search).
(4) 
A copy of the deed, including the text of any easements, protective covenants and deed restrictions applying to the land then being subdivided.
(5) 
The application fee.
(6) 
One translucent tracing on cloth or plastic film, one opaque cloth print and 10 paper copies of the minor subdivision plat as prepared by a licensed land surveyor.
(7) 
Certification by the appropriate qualified person or agency as to the presence or nonpresence of environmentally sensitive areas and wetland transition areas and their delineation on the site within the parcel in question.
B. 
The following shall be included on the minor subdivision plat:
(1) 
A title block prepared in accordance with N.J.A.C. 13:40-2.
(2) 
The state, county and Borough in which the property is located, the zoning of the tract, the owner of record, the tax plate, block, lot numbers and address of the property, the tract name and the address of the subdivider.
(3) 
North arrow with reference used.
(4) 
Scale not to exceed one inch equals 50 feet.
(5) 
The point of beginning and metes and bounds of the property in question. All measurements shall be in feet and decimals of a foot.
(6) 
Property corner markers, both found and set, or the relation of existing markers to the property corner.
(7) 
Streets and street names and widths where such streets abut or adjoin the property in question. If the street is not open, the plat should indicate this fact.
(8) 
All fences, tree rows, hedges, streams, ditches, building locations, any physical occupation influencing property line determination, driveways and site improvements.
(9) 
The location of proposed or existing easements and the purpose served by the easement.
(10) 
Minimum front, side and rear building setback lines for each lot.
(11) 
Acreage of the tract to be subdivided and the acreage of the resultant lots to the nearest 10th of an acre.
(12) 
Block, lot, zoning and owner's name of adjoining properties.
(13) 
The following certifications must be included on the plat if the subdivision is to be filed in conformity with the provisions of the Map Filing Law.[1]
Date:
Name of Property Owner
I hereby certify that this map and survey have been made under my supervision and complies with the provisions of the Map Filing Law.
Date:
Licensed Land Surveyor
N.J. #
I hereby certify that the public streets or other ways shown hereon have been approved as to location and width and names by the proper authority.
Date:
Borough Clerk
I have carefully examined this map and find it conforms with the provisions of the Map Filing Law and the municipal ordinances and requirements applicable thereto.
Date:
Municipal Engineer
This map is hereby approved by the Planning Board of the Borough of Oaklyn.
Date:
Planning Board Chairperson
I certify that this map was duly approved by resolution of the Planning Board at an official meeting held on _______ and shall be titled on or before _______.
I hereby certify that the Planning Board is the constituted proper authority.
Date:
Secretary of Planning Board
This map has been reviewed as prescribed by N.J.S.A. 40:27-6.2 and has been approved as required by N.J.S.A. 40:27-6.3 on _______ for the Camden County Planning Board.
Date:
Planning Director
Date:
Attest:
This map is certified to the Register of Deeds as conforming to the provisions of the Map Filing Law for the Camden County Planning Board.
Date:
Planning Director
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(14) 
The following certifications must be added to the deed for each lot to be created if the subdivision is to be filed by deed at the Camden County Register of Deeds:
[Amended 4-11-995 by Ord. No. 3-95]
I hereby certify that the within described lands have been duly subdivided and classified as a minor subdivision by virtue of a duly enacted resolution of the Planning Board of the Borough of Oaklyn dated ___________________
Planning Board
Chairperson
Planning Board
Secretary
C. 
The Board Secretary shall, immediately upon receipt, note the date of receipt, mark the documents "filed" and assign a file number. Once a file number has been assigned, such number must be placed by the applicant on all papers, maps, plats and other documents submitted.
D. 
The Board Secretary shall immediately forward one copy of all items submitted by the applicant to the Board Engineer and one copy of both the plans and application from to the County Planning Board.
E. 
The Board Engineer shall review all aspects of the application for development, including a review as to completeness of the application.
F. 
The Board Engineer shall expeditiously report his findings, in writing, to the Board.
G. 
Upon receipt of the Board Engineer's report and within the applicable time period, the Board shall first determine whether a complete application has been submitted in accordance with the provisions of this chapter.
H. 
If the application is found to conform to the definition of a "minor subdivision" and to be complete, the Board shall formally determine that a complete application has been submitted and shall also waive the requirements for public notice and hearing.
I. 
The Board shall determine the completeness of an application and, if said application is determined to be complete, grant or deny the application within 45 days of the date of submission of a complete application to the Board Secretary or within such further time as may be consented to by the applicant. However, upon the finding of the application to be incomplete, all time periods will cease to be tolled, and no further action may be taken until resubmission.
J. 
The Board shall act upon the application upon being satisfied that it has sufficiently reviewed the application, that its professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present his request to the Board and that the interests of other interested persons have been considered. In all cases, however, an application for minor subdivision approval shall be granted or denied by resolution of the Board within 45 days of the date of determination that a complete application was submitted to the Board or within such further time as may be consented to by the applicant. The decision and resolution of the Board shall be in accordance with § 85-33 of this chapter.
(1) 
Minor subdivision approval shall be deemed to be a final approval by the Board.
(2) 
The Board may condition final approval on terms ensuring the provision of improvements and performance in accordance with Article IX of this chapter.
(3) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the 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.
(4) 
Failure of the Board to act within the period prescribed shall constitute approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
K. 
Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (NJ.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer. 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 minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
The following regulations shall apply to applications for the preliminary approval of major subdivisions:
A. 
The applicant shall submit the application for preliminary subdivision approval to the Planning Board and the administrative officer at least 30 days prior to the next regularly scheduled meeting of the Planning Board. The application shall include:
[Amended 8-13-1991 by Ord. No. 7-91]
(1) 
Completed Borough application form in triplicate.
(2) 
Camden County application form in quadruplicate.
(3) 
A certificate from the Borough Tax Collector that no taxes or assessments are due or delinquent (tax search).
(4) 
A copy of the deed, including the text of any easements, protective covenants and deed restrictions applying to the land being subdivided.
(5) 
The application fee.
(6) 
A list of all federal, state or county agencies from which approvals must be granted prior to the development of the site and a list of the approvals and procedures which apply to the development under review.
(7) 
Ten copies of the preliminary plat.
(8) 
A certificate by the appropriate qualified person or agency as to the presence or nonpresence of environmentally sensitive areas and wetland transition areas and their delineation within the parcel within question.
(9) 
Environmental impact statement as provided in § 85-50I(20).
B. 
The following shall be included on the preliminary plat:
(1) 
A title block prepared in accordance with N.J.A.C. 13:40-2.
(2) 
The state, county and Borough in which the property is located, the zoning of the tract, the owner of record, the tax plate, block and lot numbers and address of the property, the tract name and the name and address of the subdivider.
(3) 
North arrow and reference used.
(4) 
Scale not to exceed one inch equals 100 feet.
(5) 
The point of beginning and metes and bounds of the property in question. All measurements shall be in feet and decimals of a foot.
(6) 
Property corner markers, both found and set, or the relation of existing markers to the property corner.
(7) 
Streets and street names and widths when such streets abut or adjoin the property in question. If the street is not open, the plat should indicate this fact.
(8) 
All fences, tree rows, hedges, streams, ditches, swales, location of existing buildings, easements, driveways and site improvements.
(9) 
The location of proposed or existing easements and the purpose served by the easement.
(10) 
Minimum front, side and rear building setback lines for each proposed lot.
(11) 
Acreage of tract to be subdivided and the acreage of the resultant lots to the nearest 10th of an acre.
(12) 
Block, lot, zoning and owners name of adjoining properties.
(13) 
The location and proposed cross sections and center line profiles of all new streets and pedestrian ways, including sidewalks, bike trails, cartways and planting strips.
(14) 
The number of proposed dwelling units, the proposed residential density per acre and a list of all other buildings proposed in conjunction with the development of the subdivision.
(15) 
The location and extent of all environmentally sensitive areas, open space, recreation areas, historic sites, wetlands, wetland transition areas, floodplains and the surface water elevation and depth of all proposed or existing ponds.
[Amended 8-13-1991 by Ord. No. 7-91]
(16) 
A drainage plan containing the following:
(a) 
The size, location and slope of any existing or proposed pipes.
(b) 
The size, type, invert elevation and location of any existing or proposed drainage inlets.
(c) 
The disposition of all off-set drainage.
(d) 
The location of any ditches, swales, berms, streams, detention basins, retention basins or related drainage improvements.
(e) 
Complete design criteria and calculations to substantiate the capacity of the storm drainage system.
(17) 
Location and sizing of all water mains, sanitary sewers and ground utilities.
(18) 
Any other information deemed necessary to the review of the subdivision by the Planning Board, Borough Engineer or Borough Planner.
C. 
The Board Secretary shall immediately forward one copy of all items submitted by the applicant to the Board Engineer and to the County.
[Amended 8-13-1991 by Ord. No. 7-91]
D. 
The Board Engineer shall first review the times received to report to the Board as to the completeness of the application. Said Engineer may also review said items as to all phases of application for development.
[Amended 8-13-1991 by Ord. No. 7-91]
E. 
The Board Engineer shall, as quickly as possible, report his findings, in writing, to the Board. Said report shall be available to the Board for its use in determining the completeness of the application.
[Amended 8-13-1991 by Ord. No. 7-91]
F. 
The Board shall formally determine the completeness of this submitted application in accordance with provisions of this chapter.
[Amended 8-13-1991 by Ord. No. 7-91]
G. 
Public hearing. In accordance with N.J.S.A. 40:55D-12a, a public hearing shall be held on each application for the preliminary approval of a major subdivision. The public hearing shall follow the regulations and procedures described in Article V, Provisions Applicable to Planning Board, and the date for the public hearing shall be set by the Planning Board for the next regularly scheduled meeting of the Planning Board following the submission of a complete application for the preliminary approval of a major subdivision.
[Amended 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
H. 
The plat and engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application, or it shall be deemed to be properly submitted.
[Added 8-13-1991 by Ord. No. 7-91]
I. 
If the Planning Board required any substantial amendment in the layout of 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. The Planning Board shall, if the proposed subdivision complies with the Zoning Ordinance,[1] this chapter and the Municipal Land Use Act,[2] grant preliminary approval to the subdivision.
[Added 8-13-1991 by Ord. No. 7-91]
[1]
Editor's Note: See Ch. 125, Zoning.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
J. 
Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the Planning 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 developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days within the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
[Amended 8-13-1991 by Ord. No. 7-91]
K. 
Rights confirmed with preliminary approval.
[Added 8-13-1991 by Ord. No. 7-91]
(1) 
Preliminary approval of a major subdivision shall, except as provided in Subsection K(2), center upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions and off-tract improvements, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to the public health and safety.
(b) 
That the applicant may submit for final approval on or before the expirations date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.
(c) 
That the applicant may apply for and the Planning Board may grant extension on such preliminary approval for additional periods of 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.
(2) 
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection K(1)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Planning 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.
The following regulations shall apply to applications for the final approval of major subdivisions:
A. 
The applicant shall submit the application for final approval to the Planning Board's administrative officer at least two weeks prior to the next regularly scheduled meeting of the Planning Board. The application shall include:
(1) 
Completed Borough application form in triplicate.
(2) 
Camden County Planning Board application form in quadruplicate.
(3) 
A certification from the Borough Tax Collector that no taxes or assessments are due or delinquent (tax search).
(4) 
A copy of any amendments or changes in the deed, including the text of any easements, protective covenants and deed restrictions applying to the land being subdivided, which have been incorporated into the deed after the application for preliminary approval was submitted.
(5) 
The application fee.
(6) 
One translucent tracing on cloth or plastic film, one opaque cloth print and 10 paper copies of the final plat.
B. 
The following shall be included on the major subdivision final plat:
(1) 
All of the information required to be submitted on the application for preliminary approval in its final form, including the final design for any improvements within the section covered by the final plat. The final plan of lots shall be prepared in accordance with the Map Filing Law.[1]
[Amended 8-13-1991 by Ord. No. 7-91]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
A list of the proposed street names.
(3) 
The proposed block and lot numbers. Lots with each block shall be numbered consecutively beginning with the number one, and such numbering shall be subject to the approval of the Borough Engineer and Tax Assessor.
(4) 
The following certifications shall appear on the subdivision plat:
It is hereby certified that the lands subdivided by this map are zoned by the title of record and that consent to the approval of said map is given.
Date:
Name of Property Owner
I hereby certify that this map and survey have been made under my supervision and comply with the provision of the Map Filing Law.
Date:
Licensed Land Surveyor
N.J. #
I certify that the public streets or other ways shown hereon have been approved as to location and width and names by the proper authority.
Date:
Borough Clerk
I have carefully examined this map and find it conforms to the provisions of the Map Filing Law and the municipal ordinances and requirements applicable thereto.
Date:
Municipal Engineer
This map is hereby approved by the Planning Board of the Borough of Oaklyn.
Date:
Planning Board Chairperson
I certify that this map was duly approved by resolution of the Planning Board at an official meeting held on _______ and shall be filed on or before _______.
Date:
Planning Board Secretary
C. 
When an application for land approval includes a portion of the land for which preliminary approval has been granted, a Tax Map at a scale of not less than one inch equals 200 feet shall be submitted which shows the lots proposed by the final plat, any lots created by the approval of a prior final plat within the tract covered by the preliminary plat and any lots or portion of any lots within the preliminary plat which have both received final approval and their acreage and dimensions.
D. 
An application for the final approval of a major subdivision plat shall not be complete and will not be accepted for review or consideration unless the developer has installed the improvements shown on the preliminary plat or the Planning Board shall require the posting of an adequate performance guaranty to assure the installation of the required improvements. Posting of the performance guaranty shall be in accordance with the provisions of Article IX, Performance Guaranties, of this chapter. Said performance guaranty shall have been reviewed and have the approval of the Borough Solicitor as to both form and amount. The time limit on the installation of the required improvements under the performance guaranty shall not exceed 24 months from the date of posting.
E. 
The Board Secretary shall, immediately upon receipt, note the date of receipt, mark the documents "filed" and assign a file number. Once a file number has been assigned, such number must be placed by the applicant on all papers, maps, plats and other documents submitted.
[Amended 8-13-1991 by Ord. No. 7-91]
F. 
The Board Secretary shall immediately forward one copy of all items submitted by the applicant to the Board Engineer and to the County Planning Board.
[Amended 8-13-1991 by Ord. No. 7-91]
G. 
The Board Engineer shall first review the items received in order to report to the Board as to the completeness of the application. Said Engineer may also review said items as to other phases of the application for development.
[Added 8-13-1991 by Ord. No. 7-91]
H. 
The Board Engineer shall expeditiously report his findings, in writing, to the Board.
[Added 8-13-1991 by Ord. No. 7-91]
I. 
Upon receipt of the Board Engineer's report, the Board shall first determine whether a complete application has been submitted in accordance with this chapter.
[Added 8-13-1991 by Ord. No. 7-91]
J. 
From the date of determination of submission of a complete application, the Board shall grant or deny final approval of the application within 45 days or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant. It shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall so be accepted by the county recording officer for purposes of filing subdivision plats. No final approval shall be granted until it conforms to this chapter, the Borough Zoning Ordinance, the provisions of the Map Filing Law[2] and all other applicable municipal, county, state and federal regulations. Approval shall be conditioned on the 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 period of time.
[Added 8-13-1991 by Ord. No. 7-91]
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
K. 
If the final plan is approved by the Planning Board, the final plat shall be signed by the Borough Clerk, Municipal Engineer, Planning Board Chairman and Planning Board Secretary and returned to the developer for securing of the certification of the county recording officer. 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 developer with the county recording officer. The Planning 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 signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranty required pursuant to Section 41 of Chapter 291 of Laws of 1975[3] and Article IX of this chapter.
[Added 8-13-1991 by Ord. No. 7-91]
[3]
Editor's Note: See N.J.S.A. 40:55D-53.
A. 
Building permits. No lot in a subdivision shall be sold and no building permit to erect, alter or repair any building upon land in a subdivision shall be issued until a subdivision plan has received final approval and until the municipal improvements required by this chapter have either been constructed or guaranteed by an improvement bond or certified check as approved by the Borough.
B. 
Occupancy permits. No construction shall be occupied and no occupancy permits shall be issued until all of the subdivision improvements, including but not limited to curbs, utilities, water supply and sewage treatment and necessary storm drainage which are necessary to serve the lot and structure for which the permit is requested, have been completed. The developer shall be responsible for obtaining the building permit and occupancy permit.
[Amended 8-13-1991 by Ord. No. 7-91]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval, pursuant to N.J.S.A. 40:55D-51, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
A. 
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed a part of such a subdivision three years preceding August 1, 1976, may apply in writing to the Borough Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B. 
The Borough Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer 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 or her office.
C. 
Each such certificate shall be designated as a "certificate as to the approval of subdivision of land" and shall certify that there exists in the Borough of Oaklyn a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law, P.L. 1975, c. 291,[1] and that the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and the date of such approval in any extension and terms thereof, showing that subdivision of which the lands are part is a validating subdivision and that if the subdivision has not been so approved, it is statured to early exempt from requirement of approval as provided in the municipal land use law.
[Amended 8-13-1991 by Ord. No. 7-91]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
The Borough Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 15. The fees so collected by him or her shall be deposited in the Borough treasury account.
E. 
Form of certificate.
Date:
I hereby certify that the Planning Board is the constituted proper authority.
Date:
Secretary of Planning Board
This map has been reviewed as prescribed by N.J.S.A. 40:27-6.2 and has been approved as required by N.J.S.A. 40:27-6.3 on _______ for the County of Camden Planning Board.
Date:
Planning Director
Date:
Attest:
This map is certified to the Register of Deeds as conforming to the provisions of the Map Filing Law for the Camden County Planning Board.
Date:
Planning Director