A.
Any owner of land within the Borough of Westville shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Secretary of the Land Use Board at least two weeks prior to the meeting of the Board a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion; such sketch plat must be prepared in accordance with Article IV hereof.
[Amended 10-27-1986]
B.
At the time of submission of the sketch plat to the Land Use Board,
the owner shall also forward a copy of a receipt from the Clerk that
the necessary filing fee has been deposited.
A.
If classified and approved as a minor subdivision by unanimous action
of the Land Use Board, a notation to that effect will be made on the
sketch plat. (Where County Planning Board approval, is required, it
will be forwarded to that Board for its consideration.) The plat will
then be forwarded to the Land Use Board Chairman and Board Secretary
for their signatures and returned to the subdivider within one week
following the next regular meeting of the governing body. No further
action by the Land Use Board shall be required.
B.
Before the Land Use Board Secretary returns any approved sketch plat
to the subdivider, the subdivider shall have sufficient copies made
to furnish one copy to each of the following:
C.
The cost of filing for a minor subdivision shall be as provided in Chapter 205, Land Use and Development, which shall be collected by the Clerk prior to the submission of the sketch plat by the subdivider to the Land Use Board. The Clerk shall issue a receipt to the subdivider evidencing collection of said fee. If the plat is classified as a major subdivision, then the subdivider shall make application for tentative approval within 60 days thereafter; said fee shall be applied on account of the total sum needed in accordance with the schedule hereinafter stated in § 340-6A(1).
[Amended 4-9-1985[1]]
A.
Submission of forms; fees; escrow account.
(1)
At least six black-and-white prints of the preliminary plat, together with three completed application forms, for preliminary approval shall be submitted to the Land Use Board Secretary two weeks prior to the Land Use Board meeting at which consideration is desired. At the time of filing, a fee is to be paid in the total sum according to the schedule of fees in Chapter 205, Land Use and Development.
[Amended 4-9-1985[1]]
(2)
This fee shall be paid to the Municipal Clerk to cover the costs
of processing the application. The Municipal Clerk shall immediately
notify the Secretary of the Land Use Board upon receipt of the fee.
(3)
In addition to the above, at the time of submission of the preliminary plat, the subdivider shall set up an escrow account with an escrow agent suitable to the Land Use Board. Said fund is to be used to pay the fees of any professional personnel employed to process, review and make recommendations on the proposed preliminary plat. The amount of such fund shall be computed as provided in Chapter 205, Land Use and Development.
[Amended 4-9-1985[2]]
B.
Notice of hearing.
(1)
The subdivider shall notify, by certified mail, return receipt requested,
at least five days prior to the hearing, all property owners within
200 feet of the extreme limits of the subdivision as their names appear
on the municipal tax record. Where notice must be provided to property
owners within 200 feet of the extreme limits of the subdivision but
not within the municipal boundaries, the subdivider shall be required
to personally serve and/or notify, by certified mail, return receipt
requested, all such property owners. In the event that the subdivision
abuts a state highway and/or county road, notice shall also be given
by certified mail, return receipt requested, to the County of Gloucester
and to the Commissioner of Transportation for the State of New Jersey.
Said proof of service by a subdivider shall be in the form of an affidavit
to the Secretary of the Land Use Board at least two days prior to
the hearing, and, if by certified mail, return receipt requested,
said receipts shall be annexed and made a part of said affidavit.
(2)
Said notice shall state the time and place of the hearing, a brief
description of the subdivision and that a copy of said subdivision
has been filed with the Secretary of the Land Use Board for public
inspection. The subdivider shall also cause notice of the hearing
to be published in the official newspaper or a newspaper of general
circulation in the municipality and/or adjacent municipalities, where
applicable, at least 10 days prior to the hearing.
C.
Copies of the preliminary plat shall be forwarded by the Secretary
of the Land Use Board prior to the hearing to the following persons:
D.
The Land Use Board shall act on the preliminary plat within 90 days
after submission to the Secretary of the Land Use Board but in no
case before the expiration of the twenty-day period within which the
County Planning Board may submit a report on said subdivision. In
all cases, the recommendations of the County Board shall be given
careful consideration in the final decision of the local Land Use
Board. If the Land Use Board disapproves a plat, the reasons for disapproval
shall be remedied prior to further consideration. The person submitting
the plat shall be notified of the action of the Land Use Board within
90 days of its submission. If approval is required by any other officer
or public body, the same procedure as applies to submission to and
approval by the County Planning Board shall apply. Accordingly, the
subdivider shall submit within 90 days from the receipt of notification
of disapproval six revised preliminary plats, which shall indicate
all necessary corrections and/or revisions. Approval or disapproval
of the revised preliminary plat shall be rendered in accordance with
provisions hereinbefore and hereinafter stated.
E.
If the Land Use Board acts favorably on a preliminary plat, a proper
notation to that effect shall be made on the plat. It shall be noted
on the plat, signed by the Chairman and Secretary of the Land Use
Board and be returned to the subdivider for compliance with final
approval requirements.
F.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of approval:
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Article V, or the Land Use Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
A.
Submission of final plat of major subdivision.
[Amended 4-9-1985; 2-13-2013 by Ord. No. 2-2013; 6-13-2018 by Ord. No. 13-2018]
(1)
The final plat shall be submitted to the Secretary of the Land Use
Board for forwarding to the Land Use Board members for final approval
within three years from the date of preliminary approval.
(2)
At the time of submission of a final plat, the subdivider shall:
(a)
Pay a fee in accordance with the filing schedule.
(b)
Deposit funds into the escrow fund in an amount set forth in Chapter 205, Land Use and Development, to be used to pay the fees of professional personnel employed to process, review and make recommendations on the final plat.
(c)
Deposit funds into the escrow fund in an amount to reimburse
for reasonable inspection fees paid to the Borough Engineer for the
inspection of improvements as follows:
[1]
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee as outlined in § 340-13.
[2]
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under § 340-12, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
[3]
For those developments for which the inspection fees total less
than $10,000, fees may, at the option of the developer, be paid in
two installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
[4]
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
[5]
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection A(2)(c)[1] and [2] of this section, is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow, provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(3)
Any excess of funds in the escrow account at the time of final acceptance
of improvements will be returned to the subdivider after verification
by the escrow agent that all required fees have been paid.
(4)
In the event that construction of off-site improvements takes place
prior to the submission of the final plat, the subdivider shall pay
into the stated escrow fund the specified amounts to adequately cover
the recited costs in accordance with the construction schedule.
B.
The original tracing, one translucent tracing cloth copy, two cloth
prints, six black-on-white prints and three copies of the application
form for final approval shall be submitted to the Secretary of the
Land Use Board at least five days prior to the date of a regular Land
Use Board meeting. Unless the preliminary plat is approved without
changes, the final plat shall have incorporated all changes or modifications
required by the Land Use Board.
C.
The final plat shall be accompanied by a statement by the Municipal
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation, identifying those portions already installed,
and that the subdivider has complied with one or both of the following:
D.
Any plat which requires County Planning Board approval pursuant to
N.J.S.A. 40:27 shall be forwarded to the County Planning Board for
its action prior to final approval by the governing body.
E.
If the Land Use Board favorably approves a final plat, the Chairman
and Secretary of the Land Use Board shall affix their signatures thereto.
F.
If any person shall be aggrieved by the action of the Land Use Board,
appeal in writing to the governing body may be taken within 10 days
after the date of the action of the Land Use Board. A hearing thereon
shall be had on notice to the aggrieved person and to the subdivider,
who shall be afforded an opportunity to be heard, within 30 days from
the next regular meeting of the governing body subsequent to the receipt
of said appeal. After the hearing date has been set, the Clerk shall
notify the aggrieved person and the subdivider at least 10 days prior
to said hearing. After such hearing, the governing body may affirm
or reverse the action of the Land Use 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 applying party shall be given a copy.
H.
The final plat, after final approval by the Land Use Board, shall
be filed by the subdivider with the county recording officer within
190 days from the date of such approval. If any final plat is not
filed within this period, the approval shall expire.
[Amended 4-9-1985]
I.
No plat shall be accepted for filing by the County Planning Board
unless it has been duly approved by the Land Use Board of the Borough
of Westville and signed by the Chairman and Secretary of the Land
Use Board.
