Township of Pemberton, NJ Article III Major Subdivision Procedure

[Amended 1-31-1977 by Ord. No. 1-1977]

§ 159-8 Informal discussion of proposed development.

Before preparing and submitting his preliminary plat, the developer's engineer or attorney is invited to informally discuss the proposed development with the Planning Board Engineer or Planning Board Solicitor.

§ 159-9 Purpose of preliminary plat.

The purpose of the preliminary plat is to provide the Planning Board with the detailed drawings of what is expected to become the final subdivision plat. These drawings shall be precise and accurate in order to give the Board and its representatives who are charged with the responsibility of reviewing the plat all the data and preciseness necessary for a detailed review. The preliminary plat shall be in substantial agreement with the sketch plat.

§ 159-10 Submission of preliminary plat of major subdivision for preliminary approval.

A. At least eight black-on-white prints of the preliminary plat map, together with a complete application form for preliminary approval, shall be submitted by the owner, properly signed as being the person or subdivider seeking approval, or by his agent acting for and with the consent of the owner, to the Secretary of the Planning Board three weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a fee of $45 shall be paid to the Secretary of the Planning Board. Also at the time of submission of the preliminary plat, the subdivider must pay the sum of $15 per lot to the Secretary of the Planning Board for the purpose of professional review of the plans. Prior to the submission of any final plat, the developer shall deposit in an escrow fund an amount equal to $20 per lot for use in paving the fees of professional personnel employed to perform the following: sidewalk inspection, $5; curb inspection, $5; street and storm drainage inspection, $10; and any other inspection deemed necessary by the Planning Board, Township governing body or Township Engineer.

(1) After the final plat of a major subdivision has been approved and the developer has initiated construction thereof, the Township Engineer shall make the inspections listed above. As these inspections are completed, the Township Engineer shall submit written reports with respect to the results of the same to both the Township Committee and the subdivider. The Township Committee shall, upon approving the above reports, release to the Township Engineer from the escrow account sufficient funds to cover the payment of the inspection fees as set forth above. If the subdivider should decide to permanently discontinue work on the subdivision in question before completing the same, he may make written application to the Planning Board for the refund of the unencumbered portion of the escrow account. Submission of the foregoing application by the subdivider shall constitute a waiver of all rights which may have accrued to him with respect to the subdivision covered by that application.

B. The Secretary of the Planning Board shall notify the applicant at least two weeks prior to the meeting at which the application will be heard. The applicant shall give public notice of the hearing. 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 to be subdivided by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate; and location and times at which any maps and documents for which approval is sought are available. At least 10 days prior to the hearing notice shall be given as follows:

(1) By publication in the official newspaper of the municipality, if there be 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 the 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; notice to a corporate owner may be made by service upon its president, 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 and to the Burlington County Planning Board 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 Burlington County Planning Board when the application for development involves property adjacent to an existing county road or proposed road shown on the Official Burlington County Map or a Burlington 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 Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.

(8) To the Pinelands Commission in accordance with § 159-7D above.

[Added 8-6-1982 by Ord. No. 15-1982; amended 4-6-1989 by Ord. No. 11-1989]

C. Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:

(1) Municipal Engineer (three copies).

(2) Planning Official or Consultant, if there is one.

(3) Zoning Officer.

(4) Planning Board Solicitor.

D. If the application is found to be incomplete, the applicant shall be notified within 45 days of such application or it shall be deemed properly submitted. The Planning Board shall take formal action on the preliminary plat within 45 days for major subdivisions containing 10 or fewer lots or 95 days for subdivisions containing more than 10 lots after its complete and proper submission or within such further time as may be consented to by the applicant. 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. Notice of all decisions shall be provided as required under N.J.S.A. 40:55D-9.

E. Failure of the Board to act within the prescribed time or such further time as agreed to by the applicant shall be deemed to be favorable approval. In such case the Planning Board Secretary shall certify the submission date of the plat and the failure of the Board to act within the specified time period. This certification shall confer upon the applicant the same rights as if the Board had passed a resolution to that effect.

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. 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 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 thereafter resubmit a revised preliminary plat for further consideration by the Board.

H. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of such approval:

(1) That the general terms and conditions under which preliminary approval was granted will not be changed. However, nothing shall be construed to prevent the Township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

(2) That the said applicant may submit, on or before the expiration date, the whole or part or parts of said plat for final approval.

I. The applicant may apply for and the Planning Board may grant extensions on the 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.

J. Subdivisions involving Pinelands development credits. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant preliminary subdivision approval conditioned upon such evidence being presented as a prerequisite to final subdivision approval. For such a final subdivision, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision approval, or if no such approval is required, prior to the issuance of any construction permits.

[Added 4-6-1989 by Ord. No. 11-1989; amended 4-3-1997 by Ord. No. 1-1997; 7-12-2001 by Ord. No. 12-2001]

§ 159-11 Improvements or guaranties prior to final approval.

Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Article V or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.

§ 159-12 Purpose of final plat.

The purpose of the final plat is to provide the community with a set of final drawings of all the information required for the preliminary plat. The final plat, therefore, serves as the final record of the proposed subdivision. All subdivision improvements shall be installed as specified on the plat and on any accompanying documentation as required and approved by the Planning Board.

§ 159-13 Submission of final plat of major subdivision.

A. The final plat shall be submitted to the Secretary of the Planning Board for presentation to the Planning Board for final approval within three years from the date of tentative approval. The Secretary shall immediately notify the Board of the receipt of the final plat. The Planning Board shall act upon the final plat within 45 days of its complete and proper submission to the Planning Board Secretary or within such further time as agreed to by the applicant. However, within the Pinelands Area, the applicant must include notice from the Pinelands Commission that review of the preliminary approval was not required or that review of the preliminary approval has been completed pursuant to N.J.A.C. 7:50-4.41 and 50:4.42 and a final order regarding the preliminary approval has been received by the Township.

[Amended 8-6-1982 by Ord. No. 15-1982; 4-6-1989 by Ord. No. 11-1989]

B. The original tracing, one translucent tracing cloth copy, two cloth prints and eight black-on-white prints, as well as a copy of the application form for final approval, shall be submitted to the Secretary of the Planning Board at least 15 days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.

C. The final plat shall be accompanied by:

(1) A written statement from the Municipal Engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed with one or both of the following:

(a) Installed all improvements in accordance with the requirements of the regulations; or

(b) A performance guaranty has been posted with the Municipal Clerk in sufficient amount to assure the completion of all improvements.

(2) A copy of the said map which is referred to in Subsection C(1) above.

D. Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-1 et seq. shall be forwarded to the County Planning Board by the subdivider for its action prior to final approval by the Municipal Planning Board.

E. Failure of the Planning Board to act within the allotted time shall be deemed to be favorable approval, and the Municipal Clerk shall issue a certificate to that effect.

F. Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:

(1) Municipal Clerk, one.

(2) Municipal Engineer, one translucent tracing cloth copy and two prints.

(3) Planning Board Solicitor, one.

(4) Zoning Officer, one.

(5) Secretary of the Planning Board, one.

(6) Tax Assessor, one.

(7) Building Inspector, one.

(8) Subdivider, three copies, original and two cloth copies.

G. After approval by the Planning Board, the final plat shall be filed by the applicant with the county recording officer within 95 days from the date of such approval. No approved plat shall be accepted for filing by the county recording officer unless it has been duly approved by the Township Planning Board and signed by the Chairman and Secretary of the Township Planning Board. 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 plat. 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 (an additional 95 days).