This chapter shall be known and may be cited as "The Land Subdivision
Ordinance of Fredon Township."
The purpose of this chapter shall be to promulgate rules, regulations
and standards to formulate and guide land subdivisions in the Township
in order to effectuate and promote the public health, safety, convenience
and general welfare of the Township and the inhabitants thereof. It
shall be administered to ensure the orderly growth and development
and the conservation, protection and proper use of land and to provide
adequate provisions for circulation, utilities and services.
This chapter shall not be construed as superseding or repealing
the zoning ordinances of the Township or any part thereof. All other
ordinances which are inconsistent with the provisions of this chapter
shall be deemed superseded to the extent of such inconsistency.
[Amended 5-25-2017 by Ord. No. 2017-05]
A.
Failure of the board to render a decision within the time prescribed
by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or within
such further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant. The time periods for approval
shall be as follows, from the date the Township Engineer determines
the application to be complete:
(1)
Minor subdivision: 45 days.
(3)
Final subdivision approval: 45 days.
(4)
Combined application:
(a)
For a subdivision plat, site plan or conditional use permit
and certain zoning variances or direction of the issuance of a permit
for a building not related to a street or in an area designated on
the Official Map for public acquisition or use: 95 days.
(b)
For a subdivision plat and/or a conditional use permit and/or
site plan: the time period for approval shall be the longest time
allowed for action by the Land Use Board, whether it is for a subdivision,
conditional use or site plan approval.
B.
If an application is found to be incomplete, the applicant must be
notified within 45 days.
C.
If any application involves variances from lot area, lot dimension,
setback or yard requirements, the time for action shall be 120 days.
E.
All times may be extended with consent of the applicant.
The rules, regulations and standards contained in this chapter
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the Township citizens. Any
action taken by the approving agency under the terms of this chapter
shall give primary consideration to the above mentioned matters and
to the welfare of the entire community. However, if the subdivider
or his/her agent can clearly demonstrate that, because of the peculiar
conditions pertaining to his/her land, the literal enforcement of
one or more of these regulations is impracticable or will exact undue
hardship, the approving agency may permit such variances as may be
reasonable and within the general purpose and intent of the rules,
regulations and standards established by this chapter.
A.
Application filing fees, as set forth in Article VIII of Chapter 45, Land Use Procedures, covering administration and overhead, shall be charged to the subdivider for a subdivision and shall be collected by the Township Clerk or by such person that may be appointed as Board Secretary at the time of submission of an application of the Land Use Board for approval.
B.
The deposits, as set forth in Article VIII of Chapter 45, Land Use Procedures, shall be submitted by the subdivider at the time of submission of an application to the Land Use Board for approval. The deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements.
(1)
The Township shall tabulate the costs of the Land Use Board, Township
Engineer, Land Use Board Engineer, Planner and Land Use Board Attorney,
their staffs and any additional experts required for a proper review
and documentation. These costs shall be deducted from the engineering/planning/legal
review fee deposit. Where the review costs exceed, or are anticipated
to exceed, the review fee deposit, the subdivider shall pay the additional
amount prior to the signing of any plat. Failure to remit the additional
required deposit within 15 days of request shall result in cessation
of professional reviews and Board administration, and no further proceedings
or action shall be taken by the Land Use Board until after compliance.
Where the review fee costs are less than the review fee deposit, the
difference shall be refunded to the subdivider.
(2)
No final action on an application for development shall be undertaken
until all escrow deposit fees relating to such application shall have
been paid in full. Every resolution of memorialization adopted by
the Land Use Board pursuant to N.J.S.A. 40:55D-10(g.) shall be expressly
conditioned upon the applicant making payment in full of all sums
due or to become due on account of such escrow account within 20 days
of the date of being billed therefor by the Township in default of
which the Land Use Board may thereupon, or at any time thereafter,
after notice to the applicant of such proposed action and a reasonable
opportunity for the applicant to be heard with respect thereto (or
to cure any default in payment obligations) declare such resolution
of memorialization and any relief granted pursuant thereto to be null,
void and of no further effect.
C.
The applicant shall estimate the costs of improvements required as part of the subdivision approval by the Land Use Board and shall submit same to the Township Engineer, who shall then tabulate an inspection fee deposit to cover the costs of inspection of the construction of the improvements on the site. The amount of the deposit shall be based upon the estimated costs of improvements, as set forth in Article VIII of Chapter 45, Land Use Procedures. The inspection fee deposit shall be paid to the Township Clerk or such person that may be appointed as Board Secretary prior to final approval of the subdivision. In the event that the inspection costs are less than the inspection fee deposit, the difference shall be refunded to the applicant and shall be subject to the limitations established by N.J.S.A. 40:55D-53(h).
