The procedures for processing subdivisions shall comply with the requirements set forth in Chapter 22 of the Code of the Borough of Pemberton entitled "Land Use Procedures."
A.
An informal submission is optional. Any person may appear
at a regular meeting of the approving authority for informal discussion with
reference to an informally prepared plat of sufficient accuracy to be used
for purposes of discussion and classification. The purpose of a discussion
of an informal plat will be to review overall development concepts in order
to assist the applicant in the preparation of subsequent plans. Other than
classification, no decision will be made and no formal action taken on an
informal plat.
B.
All informal plats containing proposals and/or designs
for drainage, streets and subdivision layouts are for discussion and classification.
The data included shall include sufficient data to enable the approving authority
and the applicant to comment upon design concepts such as building location,
ingress and egress, parking, major natural features that will have to be recognized
or may influence certain design criteria and the applicant's basic intent
for water, sewerage and storm drainage facilities. Informal submissions are
sketches to scale of possible plans for the development of an area. They are
not binding on the municipality or upon the developer and do not necessitate
accurate engineered drawings.
C.
Filing procedure. The developer shall file with the Secretary
of the Planning Board, at least 14 days before the date of the monthly meeting
of the Board, three black-on-white prints of the informal plat, three copies
of applications for minor subdivision approval or three copies of an application
for major subdivision approval.
A.
Approval or rejection. If a subdivision is classified
as a minor subdivision, the Planning Board shall have the authority to approve
immediately or to forward copies of the plat to the Borough Clerk or to consultants
for review. Upon completion of that review and within 45 days of receipt of
the completed application, the Board will approve, conditionally approve or
reject the request. If approved, a notation to that effect shall be made upon
the plat and signed by the Planning Board Chairman and Planning Board Secretary
and returned to the applicant. If rejected, the reason shall be noted upon
all copies of the application form and one copy shall be returned to the applicant.
B.
Filing with county recording office.[1]
(1)
Except as provided in Subsection B(2) of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.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. In reviewing the application for development for a proposed minor subdivision the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said act.
(2)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection B(1) of this section if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(3)
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves to the
reasonable satisfaction of the Board that the developer was barred or prevented,
directly or indirectly, from proceeding with the development because of delays
in obtaining legally required approvals from other governmental entities and
that the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would otherwise
be the expiration date of minor subdivision approval or the 91st day after
the developer receives the last legally required approval from other governmental
entities, whichever occurs later.
C.
Lands resulting from minor subdivisions. Any lands, lots
or parcels resulting or remaining from a minor subdivision may not be submitted
as a minor subdivision for 24 months from the date of initial approval.
D.
Minor subdivision submission.
(1)
The applicant shall submit nine copies of a plat signed
and sealed by a licensed land surveyor and based upon the Tax Map information
or other accurate base at a scale of one inch equals 50 feet. It shall include
the following:
(a)
A key map showing the entire subdivision in relation
to the surrounding area and roadway system.
(b)
All existing structures within the parcel to be subdivided
and within 200 feet of said parcel.
(c)
The name and address of the owner and the name of all
adjoining property owners as disclosed by the most recent municipal tax records.
(d)
The Tax Map sheet, block and lot numbers.
(e)
All existing and proposed streets and easements, including
public utility easements, within or adjoining the proposed subdivision, with
right-of-way widths clearly indicated.
(f)
The dimensions of all proposed lot lines of all new lots
being created and parcels being retained; any existing lot lines to be eliminated
by the proposed subdivision shall be clearly indicated.
(g)
Location, size and direction of flow of all streams,
brooks, lakes, watercourses, drainage structures and drainage ditches in the
area to be subdivided and within 200 feet of the proposed subdivision.
(h)
North arrow, scale at which the plat is drawn and date
of preparation.
(i)
Acreage of the entire tract and of new parcels being
proposed.
(j)
Number of new lots being created.
(k)
Name and address of the owner, subdivider and person
preparing the plat.
(l)
The classification of the zoning district or districts
in which the proposed subdivision is located.
(m)
The location of any proposed open space or recreation
areas.
(2)
The submission shall be accompanied by a certification
from the Borough Tax Collector that all taxes are paid to date or by copies
of paid receipts.
(3)
Copies of sketch plat.
(a)
Before the Planning Board Secretary returns any approved
sketch plat to the subdivider, the Planning Board Secretary shall have sufficient
copies made to furnish one copy to each of the following:
(b)
The cost of the copies will be charged to the applicant
and shall be collected before the return of the original plat to the applicant.
(4)
If the plat is classified as a major subdivision, a notation
to that effect shall be made on the plat, which will be returned to the applicant.
A.
Compliance with provisions. If a sketch plat submitted in accordance with requirements of §§ 179-7 and 179-8 is classified as a major subdivision, a notation to that effect shall be made on the plat, and it shall be returned to the applicant for compliance with Subsections B through J of this section.
B.
Preliminary submission. An applicant for preliminary
major subdivision review and approval shall submit 10 copies of a preliminary
plat along with three copies of a completed application for preliminary approval
and the appropriate fee to the Secretary of the Planning Board at least 14
days prior to the regular Planning Board meeting. The Secretary of the Planning
Board shall forward one copy to the Borough Clerk.
D.
Preliminary review and approval process.
(1)
Upon receipt of the plat and accompanying exhibits from
the applicant, the Secretary of the Planning Board will distribute copies
of the preliminary plat and attached exhibits to the Borough Engineer, Burlington
County Planning Board, Secretary of the Board of Health and any other official
or agency as directed by the Planning Board.
(2)
Officials and agencies cited in Subsection D(1) above shall forward reviews and recommendations, in writing, to the Planning Board within 30 days of receipt. During the same time period, the Planning Board shall review the plat for completeness and shall notify the developer of its findings within 45 days. In reviewing the subdivision request, the Planning Board shall be guided by standards set forth within various zoning districts and by the additional standards established in Article VI of Chapter 179 of the Code of the Borough of Pemberton entitled "Improvements."
(3)
Approval by Planning Board.
(a)
After all comments have been received and after a public hearing pursuant to Chapter 22, Land Use Procedures, of the Borough of Pemberton Code, Article III, §§ 22-29 and 22-30, and if no substantial amendments have resulted from the review hearing, the Planning Board shall:
[1]
For subdivisions of 10 or fewer lots, grant or deny preliminary
approval within 45 days of the date of submission of a completed application
or within such further time as may be consented to by the developer.
[2]
For subdivisions of 10 or more lots, grant or deny preliminary
approval within 95 days of the date of receipt of a completed application
or within such further time as may be consented to by the developer.
[3]
In Subsection D(3)(a)[1] and [2] above, approval may be conditioned upon receipt of required county or state approvals.
(b)
If substantial amendments have been made, the amended
application shall be treated as an original application.
(4)
In the case of planned developments, the Planning Board
shall find that the development conforms to the design, density, recreational
and environmental standards established by ordinance for planned development
districts.
E.
Effect of preliminary approval.
(1)
The general terms and conditions on which preliminary
approval was granted shall not be changed, except that the municipality may,
by ordinance, modify such general terms and conditions as relate to public
health and safety.
(2)
The applicant may submit for final approval the whole
or a section of the preliminary plat or plan.
(3)
The applicant may apply for, and the Planning 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.
(4)
In the case of a subdivision or a site plan for an area
of 50 acres or more, the Planning Board may grant the above rights for such
period of time longer than three years as shall be determined by the Planning
Board, 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.
(5)
If the Planning Board acts favorably upon a preliminary
plat, the Chairman and Secretary of the Board shall affix their signatures
to the plat with a notation that it has received preliminary approval and
shall return same to the subdivider for compliance with final approval requirements.
Where conditional approval is granted, the Chairman and the Secretary of the
Board shall affix their signatures to the plat only when all conditions required
for approval have been met.
F.
Final submission. An application for final approval shall
be submitted to the Planning Board within three years from the date of preliminary
Planning Board approval. The application in triplicate and appropriate fee
shall be accompanied by one original tracing, one translucent cloth copy and
nine black-and-white prints at a scale of one inch equals 100 feet and shall
be submitted to the Secretary of the Planning Board at least 14 days prior
to the regular meeting of the Planning Board.
G.
Required information. The final plat shall include all of the information requested in Subsection C and shall additionally incorporate all changes or modifications required by the Planning Board, including conditions of preliminary approval. In addition thereto, the final plat shall include all the information requested in § 179-11 of the Code of the Borough of Pemberton, Subsections A through N, inclusive. The plat shall further be accompanied by the following:
(1)
A letter from the applicant stating that no changes other
than those noted on the plat have occurred.
(2)
A letter from the Borough Engineer indicating that the applicant has completed the installation of all improvements as required in Chapter 179 and its amendments or has posted with the Borough Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements required, as estimated by the applicant's engineer and approved by the Borough Engineer.
(3)
A letter from the Fire Department, signed by the Chief,
stating that waterlines and fire hydrants are adequate for fire protection.
(4)
A letter from the Borough Tax Collector certifying that
all taxes have been paid to date.
(5)
A letter from the Borough Clerk indicating that amount,
form and content of the maintenance guaranty has been accepted by the Borough
Council of the Borough of Pemberton and that fees required for construction
inspection costs other than those related to building permits have been paid.
H.
Final review and approval process. Upon receipt of the
final plat and application, the Secretary of the Planning Board shall distribute
copies for review to those designated by the Planning Board. Within 45 days
of receipt of a completed application or within such further time as may be
mutually agreeable, the Planning Board shall act to grant or deny approval.
If the Planning Board approves, a notation to that effect shall be made on
each plat and shall be signed by the Chairman and Secretary. Such action shall
be pursuant to a resolution of the Planning Board. Failure to act within the
allotted time shall be deemed favorable approval.
I.
Filing. Final plat approval shall be filed by the applicant
for development with the Burlington County Clerk's office within 90 days
from the date of such approval. If any final plat is not filed within that
period, the approval shall expire. For good cause, the Borough Council of
the Borough of Pemberton may extend the time for filing the plat for an additional
period not to exceed 90 days.
J.
Effect of final approval.
(1)
Once a plat has been approved and filed within the prescribed
time period, the terms and conditions of that approval shall not be changed
for a period of two years from the date of approval. The Planning Board may
extend the two-year limit for a period of one year. Such extensions shall
not be granted more than three times.
(2)
Planned unit developments of over 50 acres may receive
a longer period of time than two years at the discretion of the Planning Board,
depending upon the economic conditions and degree of comprehensiveness.
Neither the Planning Board nor the Zoning Board of Adjustment shall
consider any plat prepared for a developer by the Borough Engineer or any
associate, employee or agent thereof.
