A.
The applicant shall submit to the Borough Clerk, at
least 10 days but no more than 14 days prior to the meeting at which
discussion is desired, six copies of the sketch plat of the proposed
subdivision for purposes of classification, preliminary discussion
and appropriate action, two copies of the application and a fee of
$25 to cover costs. The Borough Clerk shall process the application
and shall issue an application number. Once an application has been
assigned a number, such number shall appear on all papers, maps, plats
and other documents submitted for processing in conjunction with the
subdivision.
B.
At least 10 days prior to the next regular meeting
of the Board, the Borough Clerk shall distribute the six copies of
the sketch plat and two copies of the application in the following
manner: Three copies of the sketch plat and one copy of the application
shall be retained in the Planning Board's files; the remaining three
copies of the sketch plat and one copy of the application shall be
forwarded to the Subdivision Committee.
C.
The Subdivision Committee shall review the sketch
plat for classification purposes and discuss the proposed plan as
it relates to the Master Plan, Zoning Ordinance and the design standards
and improvement requirements of this chapter. The Subdivision Committee
shall offer its comments and recommendations to the Board at a regularly
scheduled meeting of the Planning Board within 45 days of the submission
of the application to the Borough Clerk. Should the application be
determined by the Subdivision Committee or Planning Board either to
be incomplete or to require substantial revisions, the applicant shall
be notified within the forty-five-day time period and may thereafter
submit an appropriately revised application to the Borough Clerk as
in the first instance.
D.
Any subdivision determined by the Board to be creating,
imposing, aggravating or leading to the possibility of an adverse
effect upon either the original property being subdivided or upon
any adjacent properties may be required to be revised by the subdivider
to remove such adverse effect(s) prior to further review, classification
or approval by the Board, or where the remaining portion of the original
tract is of sufficient size to be subdivided further, the subdivider
may be required to submit a sketch plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the applied for subdivision,
together with subsequent subdivision(s), will not create, impose or
aggravate or lead to any such adverse effect.
E.
If classified by the Planning Board as a division
of land not considered a subdivision as defined in this chapter, no
further action by the Borough is necessary, provided that an affidavit,
proper in form, is submitted by the owner to the effect that the division
of land either will not be used for any purpose other than for agriculture,
is by testamentary or intestate provisions or is predicted upon court
order. Additionally, a map drawn in accordance with the New Jersey
Map Filing Law (1960), as amended, or a metes and bounds description
of the property in question shall be submitted to the Board for certification
prior to filing with the county recording officer.
F.
If the sketch plat is considered for classification
as a minor subdivision, the Board shall act on the proposed plat within
45 days of its complete and proper submission to the Borough Clerk
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the prescribed time period
shall constitute minor subdivision approval. The Board shall act pursuant
to a review by the Subdivision Committee indicating that the submitted
sketch plat is in accordance with the definition of minor subdivision
as stipulated in this chapter and that the appropriate details and
specifications of this chapter have been met.
G.
If classified as a minor subdivision by the Planning
Board, the Board shall waive notice and hearing thereon, and the subdivision
application shall be deemed approved by the Borough subject to the
County Planning Board's review and approval.
H.
A notation to that effect, including the date of classification,
shall be made on the master copy. All prints of the plat and deed(s)
or right(s)-of-way dedication, if applicable shall be signed by the
Chairman of the Planning Board (or the Acting Chairman in his absence),
the Chairman of the Subdivision Committee (or the Acting Chairman
in his absence) and the Secretary of the Planning Board. Three signed
copies of the plat and one copy of the application shall be sent to
the County Planning Board for review and approval. Approval must be
received, in writing, within 30 days after its receipt of the plat.
If a reply is not received from the County Planning Board within 30
days, the sketch plat shall be deemed to have been approved by it
unless, by mutual agreement between the Board, the County Planning
Board and the subdivider, the thirty-day time period for County Planning
Board approval has been extended for an additional thirty-day period.
In the event that the sketch plat is not classified as a minor subdivision
by the Planning Board, the Borough Clerk, within five days of such
action, shall notify the subdivider by certified mail of such action
and the reasons therefor.
I.
Within 190 days of the date of approval by the Planning
Board of the minor subdivision, including the deed(s) or right(s)-of-way
dedication, if applicable, the subdivider shall file a signed copy
of the classified plat or a metes and bounds description of the subdivision
with the Gloucester County Clerk. In the event of failure to file
within said 190 days, the approval of the minor subdivision shall
expire, and any further proceedings shall require the filing of a
new sketch plat as in the first instance.
J.
Upon receipt of the County Planning Board's approval
of the minor subdivisions, the Borough Clerk shall immediately notify
each of the following of said approval. The official copy of approved
minor subdivisions shall be kept in the Planning Board's files. Before
the Borough Clerk returns any approved sketch plat to the subdivider,
the Clerk shall have sufficient copies made to furnish copies as indicated
below. The cost of the copies will be charged to the subdivider and
shall be collected before the return of the original sketch plat to
the subdivider.
K.
If the sketch plat is considered for classification
as a major subdivision, the Board shall act on the proposed plat within
45 days of its complete and proper submission to the Borough Clerk
or within such further time as may be consented to by the applicant.
When classified as a major subdivision, a notation to that effect
shall be made on the plat which shall be returned to the subdivider
for compliance with the procedures of this chapter.
A.
The applicant shall submit to the Borough Clerk, at
least 10 days but no more than 14 days prior to the meeting at which
discussion is desired, eight copies of the preliminary plat of the
proposed subdivision, four copies of the application and four copies
of any protective covenants or deed restrictions applying to the land
being subdivided.
B.
At the time of submission, each applicant shall deposit,
in cash or by certified check, with the Borough Clerk a sum of $25
for each lot proposed in the subdivision, to be placed in escrow by
the Borough to cover the cost of professional services and review,
including engineering and legal or other incidental expenses connected
with the processing, reviewing and checking of all materials. Each
applicant who shall submit a plan for preliminary subdivision approval
shall agree in writing to pay all reasonable costs for professional
review of said site plan and for inspection of improvements required
by the Borough. Sums not utilized in review and inspection processes
shall be returned to the applicant. If additional sums are deemed
necessary, the applicant shall be notified of the required additional
amount and shall add such sum to the escrow. No preliminary approval
shall be granted unless all required fees and escrows have been paid.
C.
Upon receipt of the necessary material from the applicant,
the Borough Clerk shall retain one copy each of the preliminary plat,
the completed application and any applicable protection convenants
or deed restrictions and shall then immediately distribute the remaining
seven copies of the preliminary plat, three copies of the completed
application and three copies of any applicable protective covenants
or deed restrictions in the following manner:
(1)
Secretary of the Borough Planning Board: one copy
of the preliminary plat, the application and any applicable protective
covenants or deed restrictions.
(2)
County Planning Board: two copies of the preliminary
plat and one copy each of the application and any applicable protective
covenants or deed restrictions.
(3)
Borough Engineer: one copy of the preliminary plat.
(4)
Secretary of the Borough Board of Health: one copy
of the preliminary plat.
(5)
Subdivision Committee: one copy of the preliminary
plat, the application and any applicable protective covenants or deed
restrictions.
(6)
Such other Borough, county or state officials as directed
by the Board.
D.
Upon the submission of a complete application for
a subdivision of 10 lots or less, 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 developer. Upon the submission
of a complete application for a subdivision of more than 10 lots,
or whenever an application includes a request for relief pursuant
to the Zoning Ordinance, 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 developer. Otherwise, the
Board shall be deemed to have granted preliminary approval of the
subdivision. If the application is found to be incomplete, the applicant
shall be notified thereof with 45 days of the date of submission,
or it shall be deemed to be properly submitted.
E.
The Board shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
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.
F.
Should minor revisions or additions to the plan be
deemed necessary, the Board may grant preliminary approval subject
to specified conditions. Should major revisions to the plan be deemed
necessary, the Board shall require that an amended plan be submitted
and proceeded upon as in the case of the original application for
preliminary approval.
G.
The recommendations of the County Planning Board and
those of all other agencies and officials to whom the preliminary
plat was submitted for review shall be given careful consideration
in the final decision on the plat. If the County Planning Board or
the Township Engineer approves the preliminary plat, such approval
shall be noted on the plat. If the Board acts favorably on the preliminary
plat, the Chairman and Secretary of the Board (or the Acting Chairman
and Secretary where either or both may be absent) shall affix their
signatures to the plat with a notation that it has been approved,
and it shall be returned to the subdivider for compliance with final
approval requirements.
H.
Preliminary approval of a subdivision shall confer
upon the applicant the following rights for a three-year period from
the date of the preliminary approval:
(1)
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.
(2)
That the applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary subdivision.
(3)
That the applicant may apply for and the Board may
grant extensions 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.
I.
If the Board, after consideration and discussion of
the preliminary plat, determines that it is unacceptable, a notation
shall be made by the Chairman of the Board to that effect on the plat
and a resolution shall be adopted setting forth the reasons for such
rejection. One copy of the plat and said resolution shall be returned
to the subdivider within 10 days of such determination. The subdivider
may hereafter resubmit a revised preliminary plat for further consideration
by the Board.
A.
All public hearings held on applications for preliminary
subdivision approval shall require public notice of the hearing. The
Board shall set the date, time and place for the public hearing and
shall inform the applicant of this at least 20 days prior to said
hearing date. Notice of the hearing shall be given by the applicant
at least 10 days prior to the date of the hearing:
(1)
By publication in the official newspaper of the municipality,
if there is one, or in a newspaper of general circulation in the municipality.
(2)
To all owners of real property as shown on the current
tax duplicate located within 200 feet in all directions of the property
which is the subject of the hearing, which notice shall be given by
serving a copy thereof on the property owner as shown on the current
tax duplicate, or his agent in charge of the property, or by mailing
a copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate. It is not required that a
return receipt be obtained. Notice is deemed complete upon mailing
(N.J.S.A. 40:55D-14).
(3)
Notice to a partnership owner may be made by service
upon any partner; and notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(4)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of said adjoining
municipality or municipalities, which notice shall be given by personal
service or certified mail.
(5)
To the Gloucester County Planning Board when the application
for development involves property adjacent to an existing county road
or proposed road shown on the Gloucester County Official Map or the
Gloucester County Master Plan or adjoining other county land.
(6)
To the Commissioner of Transportation of the State
of New Jersey when the property abuts a state highway.
(7)
To the Director of the Division of State and Regional
Planning in the Department of Community Affairs when the hearing involves
an application for development of property which exceeds 150 acres
or 500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be on file with the Borough Clerk.
B.
Upon the written request of an applicant, the Borough Clerk shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within Paulsboro to whom the applicant is required to give notice. The applicant shall be charged $10 for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to Subsection A(2) above who do not reside in the Borough of Paulsboro.
C.
The applicant shall file an affidavit or proof of
service with the Board.
D.
The notice shall state the date, time and place of
the hearing; the nature of the matter to be considered; an identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office; and the location
and times at which any maps or documents for which approval is sought
are available for inspection.
E.
No public hearing shall be held on the preliminary
plat until the Board receives a report in writing from those to whom
copies of the plat had been forwarded; or if within 30 days after
receiving the preliminary plat the County Planning Board or any other
agency or individual to whom the preliminary plat was forwarded does
not return any comments to the Board, the preliminary plat shall be
deemed to have been approved by them unless by mutual agreement between
the County Planning Board or other Borough, county or state official
and the applicant the thirty-day period shall be extended for an additional
thirty-day period; however, any such extensions shall not extend the
time within which the Board is required to act.
A.
Within three years after the date of preliminary plat
approval, the applicant shall submit to the Borough Clerk, at least
10 days but no more than 14 days prior to the meeting at which discussion
is desired, eight copies of the final plat of the proposed subdivision
and four copies of the application. Additionally, at the time of submission
each applicant shall deposit, in cash or by certified check, with
the Borough Clerk a sum of $20 for each lot proposed in the subdivision,
to be placed in escrow by the Borough to cover the cost of professional
services and review, including engineering and legal or other incidental
expenses connected with the processing, reviewing and checking of
all material. Each applicant who shall submit a plan for final subdivision
approval shall agree in writing to pay all reasonable costs for professional
review of said site plan and the inspection of improvements required
by the Borough. Sums not utilized in review and inspection processes
shall be returned to applicant. If additional sums are deemed necessary,
the applicant shall be notified of the required additional amount
and shall add such sum to the escrow. No final approval shall be granted
unless all required fees and escrows have been paid.
B.
Any application to the Planning Board for the final
approval shall include the following items:
(1)
All changes or modifications required by the Planning
Board in the approval of the preliminary plat and all details stipulated
in this chapter.
(2)
Letters directed to the Chairman of the Board and
signed by a responsible official of the lighting agency, water company
and of any other utility company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
who will construct the facility so that the service will be available
prior to occupancy.
(3)
A statement from the Borough Engineer that he is in
receipt of a map showing all utilities in the subdivision in exact
location and elevation, that he has examined the drainage plans and
found that the interests of the Borough and of neighboring properties
are protected and that he has identified those portions of any utilities
already installed and those to be installed. The subdivider shall
certify in writing to the Planning Board that he has:
(4)
A statement from the Borough Engineer that all improvements
installed prior to application have been inspected and that such improvements
meet the requirements of the Borough. Any improvements installed prior
to application for final plat approval that do not meet or exceed
Borough standards shall be factored into the required performance
guaranty.
C.
Upon receipt of the necessary material from the applicant,
the Borough Clerk shall retain one copy each of the final plat and
completed application as well as the performance guaranty and required
fee and shall then immediately distribute the remaining seven copies
of the final plat and three copies of the completed application in
the following manner:
(1)
Secretary to the Borough Planning Board: one copy
each of the final plat and application.
(2)
County Planning Board: two copies of the final plat
and one copy of the application.
(3)
Borough Engineer: one copy of the final plat.
(4)
Subdivision Committee: one copy of the final plat
and application.
(5)
Such other Borough, county or state officials as directed
by the Board.
D.
Upon the submission of a complete application for
a final subdivision, the Board shall grant or deny final approval
within 45 days of the date of such submission or within such further
time as may be consented to by the developer. Failure of the Board
to act within 45 days or within such further time as may be agreed
to by the developer shall constitute final approval. In such cases,
the Borough Clerk shall certify the submission date of the plat and
the failure of the Board to act within the specified time period,
and this certification shall be sufficient in lieu of the written
endorsement of the Board.
E.
If the Board acts favorably on the final plat, the
Chairman and Secretary of the Board (or the Acting Chairman and Secretary
where either or both may be absent) shall affix their signatures to
the plat with a notation that it has been approved.
F.
After approval of the plat by the Board, copies of
the signed plat shall be furnished to each of the following within
10 days from the date of such approval. The official copy of the approved
final submission shall be kept in the Planning Board's files. Before
any approved final plat is returned to the subdivider, the Clerk shall
have sufficient copies made to furnish copies as indicated below.
The cost of the copies will be charged to the subdivider and shall
be collected before the return of the final plat to the subdivider.
G.
Within 95 days of the date of approval of the final
plat by the governing body, the subdivider shall file a copy of same
with the Gloucester County Clerk. In the event of failure to file
within said 95 days, the approval of the major subdivision shall expire,
and any further proceedings shall require the filing of a new sketch
plat as in the first instance. The Board, for good cause shown, may
extend the time for filing for an additional 95 days.
H.
Final approval of a subdivision shall confer upon
the applicant the following rights for a two-year period from the
date of final approval:
(1)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer,
whether conditionally or otherwise, shall not be changed.
(2)
If the developer has followed the standards prescribed
for final approval and has duly recorded the final plat with the Gloucester
County Clerk, the Board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
I.
If the Board, after consideration and discussion of
the final plat, determines that it is unacceptable, a notation shall
be made by the Chairman of the Board to that effect on the plat and
a resolution shall be adopted setting forth the reasons for such rejection.
One copy of the plat and the resolution shall be returned to the subdivider
within 10 days of such determination.
The sketch plat shall be based on Tax Map information
or some similarly accurate base at a scale of 50 feet to the inch
to enable the entire tract to be shown on one sheet and shall include
the following information:
A.
The location of that portion which is to be subdivided
in relation to the entire tract.
B.
All existing structures and wooded areas within the
portion to be subdivided and within 200 feet of the boundaries thereof.
C.
The name of the owner and of all property owners within
200 feet of the boundaries thereof as disclosed by the most recent
municipal tax records.
D.
The Tax Map sheet, block and lot numbers.
E.
All streets or roads and streams within 500 feet of
the subdivision.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of one inch equals 50 feet. Preliminary plats shall be designed and drawn by a New Jersey licensed land surveyor, architect or engineer. The plat shall be designed in compliance with the provisions of Article V of this chapter and shall show or be accompanied by the following information:
A.
A key map showing the entire subdivision and its relation
to surrounding areas.
C.
Square footage of the tract to be subdivided.
D.
Sufficient elevations or contours to determine the
general slope and natural drainage of the land and the high and low
points and tenative cross sections and center line profiles for all
proposed new streets.
E.
The location of existing and proposed property lines,
proposed minimum setback lines, streets, buildings, watercourses,
railroads, bridges, culverts, drainpipes and any natural features
such as wooded areas and lake areas.
F.
Plans of proposed utility layouts (sewers, storm drains,
water, gas and electricity) showing feasible connections to existing
or any proposed utility systems. When an individual water supply and/or
sewage disposal system is proposed, the plan for such system must
be approved by the appropriate local, county and state health agency.
When a public sewage disposal system is not available, the developer
shall have percolation tests made and submit the results with the
preliminary plat. Any subdivision or part thereof which does not meet
with the established requirements of this section or other applicable
regulations shall not be approved. Any remedy proposed to overcome
a noncompliance with this section shall first be approved by the appropriate
local, county and state health agency.
G.
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the
preliminary plat.
The final plat shall be drawn in ink on tracing
cloth at a scale of one inch equals 50 feet and in compliance with
all the provisions of Chapter 358 of the Laws of 1953.[1] The final plat shall show or be accompanied by the following.
A.
Date, name and location of the subdivision; name of
owner; graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public use, all lot lines and other site lines; all
with accurate dimensions, bearings or deflection angles and radii,
arcs and central angles of all curves.
C.
The purpose of any easement or land reserved or dedicated
to public use shall be designated and the proposed use of sites other
than residential shall be noted.
D.
Each block shall be numbered and the lots within each
block shall be numbered consecutively beginning with No. 1.
E.
Minimum building setback line on all lots and other
sites.
F.
Location and description of all monuments.
G.
Names of owners within 200 feet of subdivided land.
H.
Certification by a New Jersey licensed engineer, architect
or land surveyor as to accuracy of details of plat.
I.
Certification that the applicant is the agent or owner
of the land or that the owner has given consent under an option agreement.
J.
When approval of a plat is required by an officer
or body of a municipality, county or state, approval shall be certified
on the plat.
K.
Cross sections and profiles of streets, approved by
the Municipal Engineer.
L.
Contours at five-foot intervals for slopes averaging
10% or greater and at two-foot intervals for land of lesser slope.
M.
Plans and profiles of storm and sanitary sewers and
water mains in plan only.
N.
A certificate from the Tax Collector that all taxes
and other municipal charges are paid to date.
O.
Approved items required by the preliminary plat if
not incorporated on the final plat.
[1]
Editor's Note: Chapter 358 of the Laws of
1953 was repealed by Chapter 141 of the Laws of 1960. For current
provisions, see N.J.S.A. 40:23-9.10 et seq.
