[1997 Code § 224-131]
A.
Subdivision review is provided for in the Municipal Land Use Law
(N.J.S.A. 40:55D-37). Such review makes it possible for the Planning
Board to ensure development which is consistent with the Zoning Ordinance
and Master Plan. It permits the Board to review developmental layout,
street design, water drainage and sewerage adequacy, flood hazards
and protection/conservation measures. It also makes possible provisions
for off-tract improvements and, in the case of planned developments,
promotes flexibility.
B.
In short, subdivision review establishes rules and standards for
the division of land within the City of Absecon City in order to promote
health, safety, convenience and general welfare.
[1997 Code § 224-132]
[1997 Code § 224-133]
An applicant for subdivision of land shall submit to the Board Secretary four copies of an application (see Article XXVI, Section 224-195) and 12 copies of a sketch plat containing the information outlined in Section 224-140, Subsection A(1) through (13), of this Article two weeks prior to a regular meeting of the Planning Board.
[1997 Code § 224-134; Ord. No. 24-97]
For subdivisions of more than 10 lots, the Subdivision Committee
of the Planning Board shall review the plat prior to the regular meeting
and shall classify the subdivision as a minor, exempt or major subdivision.
Subdivisions failing to receive a unanimous vote as minor or exempt
shall be considered major.
[1997 Code § 224-135]
The Subdivision Committee shall report its recommendations and
comments on each application to the Planning Board at its next regular
meeting. The Board shall have the right to approve or change the classification
by majority vote.
[1997 Code § 224-136]
If classified as a minor subdivision, the Planning Board shall
have the authority to approve immediately or to forward copies of
the plat to City offices or consultants for review. Upon completion
of that review and within 45 days of receipt of the completed application,
the Board will approve, conditionally approve or reject the request.
If approved, a notation to that effect shall be made upon the plat
and shall be signed by the Planning Board Chairman and City Clerk
and returned to the applicant. If rejected, the reasons shall be noted
upon all copies of the application form, and one copy shall be returned
to the applicant.
[1997 Code § 224-137]
If approved as a minor subdivision, a plat drawn in compliance
with the Map Filing Law, Chapter 141 of the Laws of 1960 (N.J.S.A.
46:23-9.9 et seq.), or a deed clearly describing the approved minor
subdivision shall be filed with the Board Secretary within 190 days
of the date on which the resolution of approval is adopted. Unless
such a plat or deed is filed, the minor subdivision shall expire.
Any such plat or deed accepted for filing shall have been signed by
the Chairman and Secretary of the Planning Board. The Planning Board
may extend the one-hundred-ninety-day period for filing a minor subdivision
plat or deed if the developer proves to the reasonable satisfaction
of the Planning Board that the developer was barred or legally prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for an diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for the extension either before or after what would otherwise
be the expiration date.
[1997 Code § 224-138]
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board, but not extending one
year from what would otherwise be the expiration date, if the developer
provides to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of minor subdivision approval or the 91st day after the developer
received the last legally required approval from other governmental
entities, whichever occurs later.
[1997 Code § 224-139]
Any lands, lots or parcels resulting or remaining from minor
subdivision may not be submitted as a minor subdivision for 24 months
from the date of initial approval.
[1997 Code § 224-140]
A.
The applicant shall submit 12 copies of a plat signed and sealed
by a licensed land surveyor and based upon an accurate certified survey
at a scale of one inch equals 50 feet.
(1)
A key map showing the entire subdivision in relation to the
surrounding area and roadway system.
(2)
All existing structures within the parcel to be subdivided and
within 200 feet of said parcel.
(3)
The name and address of the owner and the names of all adjoining
property owners as disclosed by the most recent municipal tax records.
(4)
The tax map sheet, block and lot numbers.
(5)
All existing and proposed streets and easements (including public
utility easements) within or adjoining the proposed subdivision shall
be clearly indicated.
(6)
The dimensions of all proposed lot lines of all new lots being
created and parcels being retained and any existing lot lines to be
eliminated by the proposed subdivision shall be clearly indicated.
(7)
The location, size and direction of flow of all streams, brooks,
lakes, watercourses, drainage structures and drainage ditches in the
area to be subdivided and within 200 feet of the proposed subdivision.
(8)
North arrow, the scale at which the plat is drawn and the date
of preparation.
(9)
The acreage of the entire tract and of new parcels being proposed.
(10)
The number of new lots being created.
(11)
The name and address of the owner, subdivider and person preparing
the plat.
(12)
The classification of the zoning district or districts in which
the proposed subdivision is located and a table listing conformance
or nonconformance with zoning regulations in the district(s).
(13)
The location of any proposed open space or recreation area.
B.
The submission shall be accompanied by a certification from the City
Tax Collector that all taxes are paid to date.
[1997 Code § 224-141]
[1997 Code § 224-142]
An applicant for preliminary major subdivision review and approval shall submit 10 copies of a preliminary plat clearly drawn and accurately reproduced at a scale or one inch equals 50 feet designed and drawn by a professional engineer and land surveyor, along with three copies of a completed application for preliminary approval and the appropriate fee (See Article XXVI, Section 224-195) to the City Clerk at least three weeks prior to the regular Planning Board meeting. The Board Secretary shall keep one copy and submit the others to the Secretary of the Planning Board.
[1997 Code § 224-143]
The preliminary plat shall show or be accompanied by the following
information:
B.
Proposed street pattern in the subdivided area, distance to nearest
existing developed area and relationship of parcel to existing roadways.
C.
Profiles and cross sections of proposed streets and of existing roadways
abutting the subdivision. Cross sections shall show type and width
of paving, location and type of curb, location of sidewalks, existing
or proposed sight triangles at intersections and radii of curblines.
D.
Elevation contours on a one-foot contour interval referenced to United
States Geological Survey datum. (1929).
E.
Boundaries of floodplain and wetlands areas as shown on Flood Insurance
Rate Maps and State Department of Environmental Protection CAFRA Maps.
F.
The location and extent of drainage or conservation easements and
stream encroachment lines.
G.
Plans and computations for storm drainage systems and retention facilities.
H.
Location of underground or surface utilities.
I.
Soil borings as may be required by the engineer.
J.
A list of off-tract improvements required for subdivision completion.
K.
Sanitary sewer and water design and calculations. The application
and preliminary plan shall be accompanied by a letter of intent stating
the following information: type of structures to be erected, nature
of commercial use (if any), approximate date of construction start
and estimated number of lots on which final approval will be requested.
L.
A landscape plan conforming to district regulations in which the
subdivision is located.
[1997 Code § 224-144]
A.
Upon receipt of the plat and accompanying exhibits from the applicant,
the Board Secretary will distribute copies of the preliminary plat
and attached exhibits to the City Engineer, City Conservation Official,
City Planner, County Planning Board and any other official or agency
who or which may be affected by the proposed subdivision.
B.
Officials and agencies cited in Subsection A above shall forward reviews and recommendations, in writing, to the Planning Board within 30 days of receipt. During the same time period, the Subdivision Committee shall review the plat for completeness and shall notify the developer of its findings within 45 days. In reviewing the subdivision request, the Planning Board shall be guided by standards set forth within various zoning districts (see Articles IV to XX) and by the additional standards established in Article XXV.
C.
After all comments have been received and after a public hearing pursuant to Section 224-193 of Article XXV of this chapter, and if no substantial amendments have resulted from the review hearing, the Planning Board shall:
(1)
For subdivisions of 10 or fewer lots, grant or deny preliminary
approval within 45 days of the date of submission of a completed application
or within such further time as may be consented to by the developer.
(2)
For subdivisions of 10 or more lots, grant or deny preliminary
approval within 95 days of the date of receipt of a completed application
or within such further time as may be consented to by the developer.
D.
If the Planning Board requires any substantial amendment in the layout
of the 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.
E.
In the case of planned developments, the Planning Board shall find
that the development conforms to the design, density, recreational
and environmental standards established by ordinance for planned developmental
districts.
F.
The disclosure requirements set out in the Municipal Lane Use Law,
Chapter 336 of the Laws of 1977 (1978), N.J.S.A. 40:55D-48.1, 40:55D-48.2
and 40:55D-48.3, shall be complied with.
[1997 Code § 224-145]
A.
The general terms and conditions on which preliminary approval was
granted shall not be changed, except that the municipality may by
ordinance modify such general terms and conditions as relate to public
health and safety.
B.
The applicant may 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.
The applicant may apply for and the Planning Board may grant extensions
on such preliminary approval for additional periods for 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.
D.
In the case of a subdivision of or a site plan for an area of 50
acres or more, the Planning Board may grant the above rights for such
period of time longer than three years as shall be determined by the
Planning Board, taking into consideration the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
economic conditions and the comprehensiveness of the development.
E.
The applicant may apply for thereafter and the Planning Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable, taking into consideration the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
the potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval, economic conditions
and the comprehensiveness of the development, provided that if the
design standards have been revised, such revised standards may govern.
F.
If the Planning Board acts favorably upon a preliminary plat, the
Chairman and Secretary of the Board shall affix their signatures to
the plat, with a notation that it has received preliminary approval,
and shall return the same to the subdivider for compliance with final
approval requirements. Where conditional approval is granted, the
Chairman and the Secretary of the Board shall affix their signatures
to the plat only where all conditions required for approval have been
met.
[1997 Code § 224-146]
An application for final approval shall be submitted to the Planning Board within three years from the date on which the resolution of preliminary approval is adopted. The application, in triplicate, and appropriate fee (see Article XXVI, Section 224-195) shall be accompanied by one original tracing, one translucent cloth copy and 10 black and white prints at a scale of one inch equals 50 feet and shall be submitted to the Board Secretary at least three weeks prior to the regular meeting of the Planning Board.
[1997 Code § 224-147]
Final submission plats shall be drawn in ink on translucent
tracing cloth or its equivalent and shall comply with all provisions
of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The final plat shall
show or be accompanied by only that information and those details
specified in the aforementioned New Jersey Map Filing Law or in the
following list:
A.
The date, location and name of the subdivision, name of the owners,
graphic scale and reference meridian.
B.
Tract boundary lines, right-of-way lines of street names, easements
and other rights-of-way, land to be reserved or dedicated to public
use, lot lines and other site lines, all with accurate dimensions,
bearings or deflection angles, and the radii, arcs and central angles
of all curves. Distances and bearings shall be on North American Datum
of 1927 or North American Datum of 1983, as specified by the engineer.
C.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
D.
All natural and artificial watercourses, streams, shorelines, water boundaries and encroachment lines shall be shown. Final stormwater outfalls in retention basins or other receiving bodies of water shall be identified by coordinates based on the datum specified in Subsection B above.
E.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively, beginning with Number 1.
F.
Minimum building setback lines on all lots and other sites.
G.
The location and description of all monuments.
H.
The names of owners of adjoining land parcels.
I.
Certification by a licensed land surveyor as to the accuracy of details
of the plat.
J.
Certification that the applicant is the owner or equitable owner
of the land or a representative thereof or that the owner has given
consent under an option agreement.
K.
An updated certification from the Tax Collector that there are no
delinquent taxes charged to the property involved in the subdivision.
L.
The preliminary plat, engineering details, cross sections and profiles
of streets and plan and profiles of storm drainage systems, approved
by the engineer, shall be required to accompany the final plat, with
all conditions of preliminary approval met and reviewed by the engineer
prior to final plat submission.
M.
Plans and profiles of sanitary sewers and water mains will be required
to accompany the final plat.
N.
When approval of a plat is required by an officer or body of the
municipality, County or State, approval shall be certified on the
plat prior to its filing in the office of the Board Secretary.
O.
All approvals and permits from other agencies.
[1997 Code § 224-148]
The final plat shall include all of the information requested in § 224-143 of this article and shall additionally incorporate all changes or modifications required by the Planning Board, including conditions of preliminary approval. The plat shall be accompanied by the following:
A.
A letter from the applicant stating that no changes other than those
noted on the plat have occurred.
B.
A letter from the City Engineer indicating that the applicant has
completed the installation of all improvements in accordance with
the requirements of this chapter or posted with the City Clerk a performance
guaranty in an amount sufficient to cover the cost of all improvements
required as estimated by the applicant's engineer and approved by
the City Engineer.
C.
A letter from the Fire Department signed by the Chief stating that
waterlines and fire hydrants are adequate for fire protection.
D.
A letter from the City Tax Collector certifying that all taxes have
been paid to date.
E.
A letter from the Board Secretary indicating the amount, form and content of the maintenance guaranty accepted by City Council and that fees estimated by the City Engineer required for construction inspection costs other than those relating to building permit have been paid (see Article XXVI, § 224-195).
[1997 Code § 224-149]
The Planning Board shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by this chapter for
final approval, the conditions of preliminary approval and, in the
case of a major subdivision, the standards prescribed by the Map Filing
Law, Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9 et seq.),
provided that, in the case of a planned unit development, planned
unit residential development or residential cluster, the Planning
Board may permit minimal deviations from the conditions of preliminary
approval necessitated by change of conditions beyond the control of
the developer since the date of the preliminary approval without the
developer being required to submit another application for development
for preliminary approval.
A.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant.
B.
If the Planning Board approves, a notation to that effect shall be
made on each plat and signed by the Chairman and Secretary of the
Planning Board.
C.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of Chapter 285 of the Laws of 1968
(N.J.S.A. 40:27-6.3), in the case of a subdivision, the Planning Board
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.
[1997 Code § 224-150]
Final approval of a major subdivision shall expire 95 days from
the date of signing the plat unless within such period the plat shall
have been duly filed by the developer with the County Clerk. At the
expiration of the 95 days, the Planning Board Secretary shall check
with the County Clerk to ascertain whether such filing has occurred,
if the County Clerk has not notified the Planning Board Secretary
of such filing. 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. The Planning Board
may extend the ninety-five-day or one-hundred-ninety-day period if
the developer proves to the reasonable satisfaction of the Planning
Board that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for an extension either
before or after the original extension date.
[1997 Code § 224-151]
Once a plat has been approved and filed within the prescribed
time period, the terms and conditions of that approval shall not be
changed for a period of two years from the date of approval. The Planning
Board may extend the two-year limit for a period of one year. Such
extensions shall not be granted more than three times.
[1997 Code § 224-152]
The application for preliminary approval for all planned developments
shall contain the following items in addition to that information
otherwise required:
A.
Common open space map at a scale of one inch equals 50 feet. The
map shall show all general areas of the site to be designated as common
open space and the designation of each area according to its proposed
use. The map shall also show the type, size and general location of
plantings or other screening techniques to be used in buffer areas.
The map shall denote the size of each designated area in acres and
the total common open space in acres and as a percentage of the development.
B.
An open space report outlining the form of organization proposed
to own and maintain the common open space. No planned development
shall be approved unless the applicant presents an adequate plan for
the organization and administration of such an organization. Such
plan shall ensure that the organization responsible for the maintenance
of the common open space shall provide adequate funding for the maintenance,
repair and replacement of such open spaces and facilities by a system
of fees assessed against the residents of the development. As a part
of the application for final approval, the documents required to establish
the organization shall be submitted for review by the Planning Board.
C.
A sewer and water report containing an explanation of plans to tie
into existing sewer and water facilities and calculations of the water
demand and sewage generation anticipated from the proposed development.
If appropriate, the applicant shall describe what improvements shall
be implemented to increase the capacities to meet the anticipated
demands.
D.
A traffic report containing calculations of the number of motor vehicles
expected to enter or leave the site for an average peak hour and an
evaluation of the ability of the internal circulation plan and the
external access roads, including the two nearest intersections on
collector roadways, to handle the anticipated traffic. This report
shall be prepared by a qualified traffic engineer.
E.
A development schedule report, if the proposed construction is to
extend over more than one year, listing by each annual phase the number
of residential units by type, anticipated sales price of each unit
type, the total value of residential development, the square footage
of commercial construction and its value, the type of open space structures
and improvements and the value of public improvements installed by
the applicant for dedication to the City, its various departments
or other governmental agencies and a development schedule map at a
scale of one inch equals 200 feet showing the location of each successive
annual phase of the development.
F.
A fiscal impact report indicating the impact of the project on City
services, the cash flow of the project and an indication of pro rata
share of necessary improvements.
G.
A modification report, if appropriate, showing the modifications
or waivers of developmental standards requested, along with appropriate
supporting documentation.
[1997 Code § 224-153]
The Planning Board shall find the following facts and conclusions
prior to the approval of any planned development:
A.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conformed to the Zoning
Ordinance standards.
B.
That the proposal for maintenance and conservation of the common
open space is reliable and the amount, location and purpose of the
common open space are adequate.
C.
That provisions, through the physical design of the proposed development,
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
D.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
E.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development and the total completion of
the development are adequate.
