If a proposed subdivision meets the requirements
of an exempt subdivision as defined by this chapter, it is the intent
of this chapter that these subdivisions be exempted from the procedural
requirements for major subdivisions.
A.
Action by the applicant.
(1)
Any owner of land within the Borough of Tuckerton
seeking subdivision approval under the provisions of this article
shall submit the following documents to the Secretary of the Planning
Board 10 days prior to the regular scheduled meeting:
(a)
An exempt subdivision fee in the amount of $50.
Checks shall be made payable to the Treasurer, Borough of Tuckerton.
(b)
Three copies of exempt subdivision application
forms.
(c)
Five copies of the plat of the proposed subdivision
which has been previously approved by the Ocean County Planning Board.
(d)
A certificate from the Municipal Tax Collector
or other satisfactory proof that all current taxes and assessments
for local improvements, if any, have been paid.
(e)
A copy of any protective covenants or deed restrictions
applying to the land involved in the subdivision or a negative statement
by the applicant's attorney or engineer indicating that none exist.
(f)
One copy of the appeal to the Board of Adjustment
when any variances are required.
(2)
Upon approval by the Planning Board and receipt from
the Secretary of the signed original tracing and certified copy of
the approving resolution, the applicant will file the approved map
in the office of the Ocean County Clerk within 90 days of the date
of approval. If said map is not filed within the time period stated,
the approval shall expire and application must again be made to the
Planning Board. After filing, the applicant will furnish to the Secretary
a duplicate original tracing showing the filing information thereon
and seven copies of the approved plat, together with a statement from
the applicant's engineer that these are true copies of the plat approved
by the Planning Board, who will then make the necessary distributions.
B.
Variance procedure. If a variance is required, all
hereinabove outlined procedures remain unchanged except that the action
of the Planning Board shall be made subject to favorable action by
the Board of Adjustment. Upon favorable action by the Planning Board,
subject to favorable action by the Board of Adjustment, the Secretary
shall return to the applicant the unsigned original plat, together
with a certified copy of the resolution, and shall also forward a
certified copy of the resolution to the Board of Adjustment. Upon
favorable action by the Board of Adjustment and receipt of the original
tracing, the Secretary shall verify the action of the Board of Adjustment
and have the original tracing signed and returned to the applicant
for final processing in accordance with exempt subdivision procedures
hereinbefore outlined. In the event the time limit for filing has
expired, the Secretary will present the map to the Planning Board
for reapproval prior to obtaining the necessary signatures.
C.
Action by the Planning Board.
(1)
Upon receipt of all the required documents, the Secretary
of the Planning Board shall refer one copy of the plat to the Borough
Engineer for review and report. The Borough Engineer will report the
results of his review to the Planning Board which will then take whatever
action it deems necessary. Upon approval by the Planning Board, a
notation shall be made to that effect on the original tracing indicating
the time limit within which the plat must be filed in the office of
the Ocean County Clerk and the Secretary will then return said noted
original to the subdivider with a certified copy of the Planning Board
resolution.
(2)
Upon receipt from the subdivider of the duplicate
original and seven copies of the approved map on which has been shown
the filing information, the Secretary shall retain the duplicate original
in the Planning Board files and distribute one copy each to the following:
(3)
If any person shall be aggrieved by the action of
the Planning Board, appeal in writing to the governing body may be
taken within 10 days after the date of the action of the Planning
Board. A hearing thereon shall be had on notice to all parties in
interest, who shall be afforded an opportunity to be heard. After
such hearing, the governing body may affirm or reverse the action
of the Planning Board by a recorded vote of a majority of the total
members thereof. The findings and reasons for the disposition of the
appeal shall be stated on the records of the governing body, and the
appealing party shall be given a copy.
A.
General. The subdivision plat shall be clearly and
legibly drawn or reproduced in ink on a reproducible tracing base.
Any map which, in the opinion of the Borough Engineer, is not clear
and legible shall be returned to the applicant without action by the
Planning Board. All plats shall be drawn to a scale commensurate with
the size of the property being subdivided, but in no instance shall
it be less than one inch equals 100 feet unless approval is obtained
from the Borough Engineer. All plats shall be prepared by a licensed
professional engineer or land surveyor in compliance with all the
provisions of N.J.S.A. 46:23-9.9 et seq.[1]
B.
Required information on plat. The following information
shall be required on all exempt subdivision plats:
(1)
A title box, which shall include a proper map title
reciting all tax lot and block numbers of property affected by the
subdivision.
(2)
The map date showing the month, day and year, together
with a revision box which shall contain a brief description and date
of any revisions made after the map date.
(3)
Graphic scale.
(4)
Reference meridian.
(5)
A key map at an appropriate scale showing the subdivision
in relation to surrounding major arteries and waterways.
(6)
The zone of the property being subdivided, together
with a tabulation of the minimum zoning requirements of lot width,
depth, frontage and area, and front, side and rear setbacks.
(7)
A survey of the tract or tracts as well as complete
dimensions and net areas of each lot.
(8)
All existing buildings showing setback dimensions
from any new lot line being created by the subdivision, together with
all watercourses and any other topographical features which are pertinent
to the subdivision. If the property is vacant, it shall be so stated
on the plat.
(9)
The names, owners and tax lot and block numbers of
all contiguous land.
(10)
All existing street widths dimensioned from
each side of the established center line.
(11)
All street widening dedications showing width
of actual dedication, distance from the established street center
line and to whom dedication is made.
(12)
All easements, both existing and proposed, showing
location, width, purpose and to whom the easement is being granted.
(14)
The location and type of all existing improvements
within the street right-of-way for the entire frontage of the property
being subdivided.
(15)
The endorsed certifications of a land surveyor
attesting to the preparation and accuracy of the plat and to the setting
of all monuments shown and of the property owner attesting to the
ownership and consenting to the subdivision and filing thereof. In
addition, there shall be unendorsed certifications for the Borough
Engineer attesting to conformance of the plat with all applicable
regulations and for the Planning Board attesting to the approval of
the map and the time limit for filing thereof.
(16)
Any other information deemed necessary by the
Planning Board or Borough Engineer to properly evaluate the subdivision.
[Added 8-21-2006 by Ord. No. 11-2006]
Notwithstanding any provision to the contrary, curbs and sidewalks shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Land Use Board in accordance with the requirements of § 231-29.1 of the Borough Code of the Borough of Tuckerton.
