Application for approval of a final plat or final site plan shall be filed in accordance with Article
XV, Filing Procedure, and shall contain all the information required herein.
[Amended by Ord. No. 16-92]
Before final approval of all or any part of a plat, deeds and
an affidavit of title and title commitment, if necessary, satisfactory
to the Township Attorney, shall be received free and clear of all
mortgages and encumbrances for all fee and other property interests
to be dedicated to the Township. After final approval, the subdivider
shall submit to the Township Clerk the original tracing, two translucent
tracing cloth copies, and two cloth prints of the final plat for certification
of approval by the Planning Board. Unless the preliminary plat is
approved without changes, the final plat shall have incorporated all
changes or modifications required.
The final plat shall be accompanied by a statement by the Township
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation identifying those portions already installed
and those to be installed and that the subdivider has complied with
one or both of the following:
A. Installed all improvements in accordance with the requirements of
these regulations; or that
B. A performance guarantee has been posted with the Township Clerk in
sufficient amount as determined by the Township Engineer to ensure
the completion of all required improvements.
If the Committee processing an application finds that said application
is in compliance with the general terms and conditions of the preliminary
approval of said application, it shall so report to the Board and
the Board shall schedule a hearing on the application pursuant to
this chapter. If the application is found to be deficient in any respect,
said Committee shall so inform the applicant and shall require the
filing of an amended application which shall be processed as in the
case of the original application.
After the Planning Board or Board of Adjustment, as the case
may be, is satisfied that the proposed application, together with
any conditions as imposed by said Board, meets all the conditions
of preliminary approval, it shall grant final approval.
[Amended by Ord. No. 9-81]
If final approval is granted, copies of the plat or site plan
shall be signed by the Chairman and Secretary of the Board granting
said approval and the Secretary shall file the approved plans with
the following:
C. Township Engineer (two copies).
F. Planning Board Secretary.
[Amended by Ord. No. 9-81; Ord. No. 16-92]
A. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 600-94of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; 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 required herein. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to §
600-94 for the section granted final approval.
B. Whenever the Planning Board grants an extension of final approval pursuant to Subsection
A and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
C. The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves 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 these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the ninety-first day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection
A.
[Amended by Ord. No. 16-92]
A. Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the Morris County Clerk's
Office. 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 signing of the plat.
B. 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 (1) 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 (2) 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 expiration date.
No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to Chapter 291, Laws of N.J. 1975. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to §§
600-97 through
600-100 of this chapter. If the Morris County Recording Officer records any plat without such approval, such recording shall be deemed null and void.
If, before final subdivision approval has been granted, any
person transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by ordinance pursuant to this
chapter, such person shall be subject to a penalty not to exceed $1,000
and each lot disposition so same may be deemed a separate violation.
[Amended by Ord. No. 7-80; Ord. No. 4-84]
A. The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding the effective
date of the Municipal Land Use Act may apply, in writing, to the Township
Clerk of the municipality, for the issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name of the owner thereof.
B. The Township Clerk shall make and issue such certificate within 15
days after the receipt of such written application and the fees therefor.
The officer shall keep a duplicate copy of each certificate, consecutively
numbered, including a statement of the fee charged in a binder as
a permanent record of his office.
C. Each such certificate shall be designated a "certificate as to approval
of subdivision of land," and shall certify:
(1)
Whether there exists in the municipality a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of this act.
(2)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board, and, if
so, the date of such approval and any extensions and terms thereof,
showing that subdivision of which the lands are a part is a validly
existing subdivision.
(3)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in this act.
D. The Township Clerk shall be entitled to demand and receive for such
certificate issued by him a reasonable fee not in excess of those
provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by
such official shall be paid by him to the municipality.