All applications for minor subdivisions shall be approved or disapproved as provided in § 331-13 et seq. of the within chapter.
A.
At least nine black-on-white prints of the preliminary plat, together with three completed application forms for preliminary approval, shall be submitted to the Secretary of the Joint Planning/Zoning Board of Adjustment at least two weeks prior to the regular meeting of the Joint Planning/Zoning Board of Adjustment. At the time of filing, fees in accordance with § 331-10 shall be paid to the Borough Clerk to defer administrative and review costs incurred by the Borough.
B.
Distribution.
(1)
Upon receipt of the application, preliminary plat
and the fee therefor, the Secretary of the Joint Planning/Zoning Board
of Adjustment shall within five days distribute copies of the application
and the preliminary plat as follows:
(2)
Six copies shall be retained by the Borough Joint
Planning/Zoning Board of Adjustment.
C.
The plat and any other 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.
D.
If the Joint Planning/Zoning Board of Adjustment requires
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 Joint Planning/Zoning
Board of Adjustment shall, if the proposed subdivision complies with
this chapter, grant preliminary approval to the subdivision.
[Amended 4-7-1981 by Ord. No. 380]
A.
The developer shall notify by personal service or
certified mail at least 10 days prior to the hearing of all property
owners within 200 feet of the extreme limits of the site plan as their
names appear on the municipal tax records. Furthermore, the developer
shall comply with all provisions of N.J.S.A. 40:55D-71.
B.
Said notice shall state the time and place of hearing,
a brief description of the site plan and that a copy of said site
plan has been filed with the Borough Clerk for public inspection.
The Borough Clerk shall also cause notice of the hearing to be published
in the official newspaper or a newspaper of general circulation in
the municipality at least 10 days prior to hearing.
A.
Upon the submission of a complete application for
a subdivision of more than 10 lots, the Joint Planning/Zoning Board
of Adjustment 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 Joint Planning/Zoning
Board of Adjustment shall be deemed to have granted preliminary approval
to the subdivision.
B.
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), in the case of a subdivision, the Municipal
Joint Planning/Zoning Board of Adjustment 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.
C.
Ancillary powers. Whenever the Joint Planning/Zoning
Board of Adjustment is called upon to exercise its ancillary powers
before the granting of a variance as set forth in N.J.S.A. 40:55D-60
(Article 7 of Chapter 291 of the Laws of New Jersey 1975), the Joint
Planning/Zoning Board of Adjustment shall grant or deny approval of
the application within 95 days after submission by the developer of
a complete application or within such further time as may be consented
to by the applicant. Failure of the Joint Planning/Zoning Board of
Adjustment to act within the period prescribed shall constitute approval
of the application, and a certificate of the administrative officer
as to the failure of the Joint Planning/Zoning Board of Adjustment
to act shall be issued on request of the applicant.
D.
Approval or disapproval.
(1)
If the plat is disapproved, a resolution shall be
adopted specifying the reasons therefor, and a copy thereof shall
be forwarded to the applicant within seven days of such action by
the Secretary of the Joint Planning/Zoning Board of Adjustment.
(2)
If the plat is approved, the Chairman of the Joint
Planning/Zoning Board of Adjustment shall affix his signature to the
plat with a notation that it has received preliminary approval.
(3)
In the event that preliminary approval of the Joint
Planning/Zoning Board of Adjustment is granted subject to conditions,
a resolution specifying the conditions shall be adopted and attached
to the preliminary plat and shall be signed by the Joint Planning/Zoning
Board of Adjustment Chairman simultaneously with the signing of the
plat. Any conditions or approvals required by state agencies shall
be applied for and obtained independently by the developer.
E.
One copy of the signed plat shall be retained in the
Joint Planning/Zoning Board of Adjustment's files, and four copies
shall be forwarded to the Borough Clerk. The Borough Clerk shall retain
one copy for the Clerk's files and forward one copy to each of the
following:
Preliminary approval of a major subdivision
pursuant to this chapter or of a site plan, except as provided in
Subsection A of this section, shall confer 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 dimension and off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval; 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 public health and
safety.
B.
That the applicant shall submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
C.
That the applicant may apply for and the Joint Planning/Zoning
Board of Adjustment 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.
A.
Prior to approval of the preliminary plat, the developer
(subdivider) or owner shall accomplish the following:
(1)
Prepare an estimate of the costs of construction for
improvements by the developer's engineer to be submitted to the Borough
Engineer for review.
(2)
Deposit with the Borough Clerk a fee, in cash or certified
check payable to the Borough in an amount sufficient to cover the
cost of supervision and inspections of the installations. Amount of
escrow deposit to be determined by the Borough Engineer. If said escrow
deposit is depleted through engineering or legal fees, it shall be
replenished by the developer to cover same.
B.
The Borough Engineer shall review a complete set of
revised drawings of the preliminary plat and all other sheets prior
to approval by the Joint Planning/Zoning Board of Adjustment.
Before consideration of a final subdivision plan and prior to the granting of final approval, the subdivider or owner shall have installed the following enumerated improvements as herein detailed and described in Article VIII and in Article IX or such other improvements as are specified by the Borough Engineer in the general terms and conditions under which the preliminary approval was granted, or shall have furnished performance guaranties and cash or certified check, payable to the Borough of Runnemede, for the ultimate installation thereof:
In no case shall a building permit be issued
to final approval. Before he issues a building permit, the Borough
Construction Code Official shall obtain the approval, in writing,
of the Borough Attorney, Borough Engineer, Borough Clerk and the Joint
Planning/Zoning Board of Adjustment that the subdivider has complied
with all the requirements of this chapter that are applicable and
to any other Borough ordinances applicable to the subdivider's plat.
Prior to the issuance of an occupancy permit,
the Borough Construction Code Official shall obtain the approval,
in writing, of the Borough Engineer that all required improvements
have been installed or appropriate performance guaranties have been
furnished.
A.
In the event that a subdivider wishes to proceed with
all or any part of a subdivision which has received preliminary approval,
he shall, within three years from the date of preliminary approval
and at least 14 days prior to the regularly scheduled Joint Planning/Zoning
Board of Adjustment meeting at which consideration is desired, submit
to the Joint Planning/Zoning Board of Adjustment Secretary the following:
(1)
The original tracing of the final plat.
(2)
One translucent tracing cloth of the final plat.
(3)
Two cloth prints of the final plat.
(4)
12 paper print copies of the final plat.
(5)
Five completed application forms for final approval.
(6)
A written statement from the Borough Engineer that
he is in receipt of final construction plans and final construction
profiles showing all utilities in the subdivision and the exact location
and elevation identifying those portions already installed and those
to be installed, and provided that the subdivider complies with one
or both of the following:
B.
The Joint Planning/Zoning Board of Adjustment Secretary
shall, upon receiving an application for final approval, transmit
copies of the final plat as follows:
(1)
The original tracing, one translucent tracing cloth
copy, two cloth prints and nine paper print copies to the Borough
Joint Planning/Zoning Board of Adjustment.
(2)
One paper print copy to the Borough Engineer.
(3)
One print copy to the Borough Planning Consultant.
(4)
One paper print copy to the Camden County Planning
Board.
C.
The Joint Planning/Zoning Board of Adjustment shall
act upon the final plat within 45 days after the date of submission
for final approval to the Borough Clerk. Failure of the Joint Planning/Zoning
Board of Adjustment to act within the period prescribed shall constitute
final approval, and a certificate of the administrative officer as
to the failure of the Joint Planning/Zoning Board of Adjustment to
act shall be issued on request of the applicant and shall be sufficient
in lieu of the written endorsement or other evidence of approval as
herein required and shall be so accepted by the county recording officer
for purposes of filing subdivision plats.
D.
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), in the case of a subdivision the Municipal
Joint Planning/Zoning Board of Adjustment 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.
A.
No final plat shall be approved by the Joint Planning/Zoning
Board of Adjustment until the completion of all the required improvements
have been certified as completed to the Joint Planning/Zoning Board
of Adjustment by the Borough Engineer. The final plat shall be forwarded
to the Borough Engineer by the Secretary of the Joint Planning/Zoning
Board of Adjustment for review immediately upon receipt of the final
plan by the Secretary. Said Engineer shall report back to the Joint
Planning/Zoning Board of Adjustment within one week prior to the next
regular meeting after receipt of said plat regarding compliance of
the final plat with the general terms and conditions of preliminary
approval. However, where the Joint Planning/Zoning Board of Adjustment
may find that the installation and construction of the required improvements
before final approval would work an undue hardship upon any subdivider
or owner, said Board may permit the filing with the Borough Clerk
of a performance guaranty in an amount not to exceed 120% of the cost
of installation for improvements, as determined by the Borough Engineer,
or the uncompleted portions thereof as determined by him, and assuring
the installation of such improvements, or the uncompleted portions
thereof, on or before an agreed date.
B.
Such performance guaranty may be in the form of cash,
certified check made payable to the Borough of Runnemede, performance
bond or such other guaranty which shall be issued by a bonding or
surety company approved by the governing body. Such performance guaranty
shall be returnable to the subdivider after full compliance.
C.
The performance guaranty shall be approved by the
Borough Attorney as to form, sufficiency and execution. Such performance
guaranty shall run for a period to be fixed by the Joint Planning/Zoning
Board of Adjustment, but in no case for a term of more than one year.
However, with the consent of the owner and the surety, the Borough
Council may, by resolution, extend the term of such performance guaranty
for an additional period not to exceed a total of two years. The amount
of any performance guaranty may, from time to time, be reduced by
resolution of the Borough Council when portions of the required improvement
have been installed and completed; provided, however, that the Borough
Council shall first have determined that such reduction is necessary
for the public welfare and for the best interest of the municipality.
D.
No performance guaranty shall be released until a
maintenance guaranty has been posted with the governing body for a
period not to exceed two years after final acceptance of the improvement
in an amount not to exceed 15% of the cost of the improvement. In
the event that other governmental agencies or public utilities automatically
will own the utilities to be installed or the improvements are covered
by a performance or maintenance guaranty to another governmental agency,
no performance or maintenance guaranty, as the case may be, shall
be required by the municipality for such utilities or improvements.
E.
If the required improvements have not been installed
in accordance with the performance guaranty, the obligor and surety
shall be liable thereon to the Borough for the reasonable cost of
the improvements not completed or corrected, and the Borough may,
either prior to or after the receipt of the proceeds thereof, complete
such improvements.
F.
When all of the required improvements have been completed,
the obligor shall notify the governing body, in writing and by certified
mail addressed in care of the Borough Clerk, of the completion of
said improvements and shall send a copy thereof to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
G.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Borough Engineer and shall notify the obligor, in writing and by certified
mail, of the contents of said report and the action of said report
and the action of said approving authority with relation thereto not
later than 65 days after receipt of the notice from the obligor of
the completion of the improvements. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guaranty, except for that portion adequately sufficient to secure
provision of the improvements not yet approved. Failure of the governing
body to send or provide such notification to the obligor within 65
days shall be deemed to constitute approval of the improvements, and
the obligor and surety, if any, shall be released from all liability,
pursuant to such performance guaranty.
H.
If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
I.
The obligor shall deposit with the Borough Clerk a
fee, in cash or certified check payable to the Borough, in an amount
sufficient to cover the cost of the foregoing inspection of improvements.
When applying for a final subdivision, the applicant
must specify those roads which he intends to use for construction
traffic to and from the subdivision. Only those roads approved by
the Joint Planning/Zoning Board of Adjustment will be allowed for
construction traffic into and servicing the subdivision prior to acceptance.
A.
If the Joint Planning/Zoning Board of Adjustment approves
the final plat, a notation to that effect shall be made on each plat,
and said plats shall be signed by the Chairman and Secretary of the
Joint Planning/Zoning Board of Adjustment.
B.
As a condition for final approval of any subdivision,
the applicant is required to submit proof that all real property taxes,
including the full amount for the calendar year in which subdivision
approval is granted, have been paid in full and that all assessments
for local improvements have been paid in full on the property for
which any subdivision application is made. No Joint Planning/Zoning
Board of Adjustment approval for any subdivision shall be granted
until such proof is submitted.
A.
If the Joint Planning/Zoning Board of Adjustment approves
the final plat, a notation to that effect shall be made on each plat,
and said plats shall be signed by the Chairman and Secretary of the
Joint Planning/Zoning Board of Adjustment. The Joint Planning/Zoning
Board of Adjustment Secretary shall retain one paper print copy for
the Joint Planning/Zoning Board of Adjustment's files and transmit
the remaining signed tracings and copies to the Borough Clerk.
B.
Upon receipt of an approved final plat of a major
subdivision, the Borough Clerk shall, retaining one paper print copy
for her files, distribute the signed plats as follows:
C.
The final plat, after final approval, shall be filed
by the subdivider with the county recording officer within 95 days
from the date of such approval. If any final plat is not filed within
this period, the approval shall expire. The Joint Planning/Zoning
Board of Adjustment may, for good cause, extend the period for recording
for an additional period not to exceed 190 days from the date of signing
of the plat.
D.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the Joint Planning/Zoning
Board of Adjustment of the Borough of Runnemede and signed by the
Chairman and Secretary of the Board.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 331-34C.
B.
Building permits and certificates of occupancy. No
building permits or certificates of occupancy shall be issued until
all improvements have been completed or performance guaranties posted
as required.
