Intent. 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 insure 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.
In short, subdivision review establishes rules and standards
for division of land within the City in order to promote health, safety,
convenience and general welfare.
Any applicant wishing to divide or re-subdivide land within
the City shall apply for and obtain approval of the Planning Board
in accordance with the procedures outlines in §§ 18.3
to 18.18.
An applicant for subdivision of land shall submit to the Board Secretary four copies of an application form, the application fee (see Article
XXII, § 22.1, and 14 copies of a plat containing the information outlines in § 18.9, numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13 of this article at least three weeks prior to a regular meeting of the Planning Board.
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 of the plat shall
be returned to the applicant.
If approved as a minor subdivision, a plat drawn in compliance
with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et
seq.), shall be filed in the Atlantic County Clerk's office within
190 days of the date on which the resolution of approval is adopted.
Unless such a plat is filed, the minor subdivision shall expire. Any
such plat 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 (1) 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 (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 the extension either
before or after what would otherwise be the expiration date.
The Planning Board shall grant an extension of minor subdivision
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 the required approvals. A developer shall
apply for the extension before (1) what would otherwise be the expiration
date of minor subdivision approval or (2) the 91st day after the developer
received the last legally required approval from other governmental
entities, whichever occurs later.
Note: All approved subdivisions must be submitted by the applicant
to the Atlantic County Planning Office for review prior to filing.
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.
The applicant shall submit 14 copies of a minor subdivision
plat signed and sealed by a licensed land surveyor and based upon
an accurate certified survey at a scale of not more than one inch
equals 50 feet. It shall include:
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;
3. The name and address of the owner and the name 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 streets and existing or proposed 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. Location, size and direction of flow of all streams, brooks, lakes,
watercourses, draining structures and drainage ditches in the proposed
subdivision;
8. North arrow, scale at which the plan is drawn, and date of preparation;
9. Acreage of the entire tract and of new parcels being proposed;
10. Number of new lots being created;
11. 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 districts;
13. The location of any proposed open space or recreation areas.
The submission shall be accompanied by a certification from
the City Tax Collector that all taxes are paid to date.
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If a sketch plat submitted in accordance with the requirements
of § 18.3 is classified as a major subdivision, a notation
to that effect shall be made on the plat and it shall be returned
to the applicant for compliance with §§ 18.11 to 18.19.
An application for preliminary major subdivision review and
approval shall submit 14 copies of a preliminary plat clearly drawn
and accurately reproduced at a scale of not more than one inch equals
50 feet designed and drawn by a professional engineer and land surveyor,
along with four copies of a completed application for preliminary
approval and the appropriate fee (See XXII, § 22.1) to the
City Clerk at least three weeks prior to the regular Planning Board
meeting. The City Clerk shall keep one copy and submit the others
to the Secretary of the Planning Board.
The preliminary plat shall show or be accompanied by the following
information:
1. All of the information requested in § 18.8 to 18.9 of this
article. In the event that site plan and subdivision approval are
sought simultaneously, information need not overlap.
2. Proposed street pattern in the subdivided area, distance to nearest
existing developed area, relationship of parcel to existing roadways.
3. Profiles and cross sections of proposed streets and of existing roadways
abutting the subdivision. Cross sections shall how type and width
of paving, location and type of curb, location of sidewalks, existing
or proposed sight triangles at intersections and radii of curblines.
4. Elevation contours on a one-foot contour interval referenced to the
North American Vertical Datum of 1988.
5. Boundaries of flood plain and wetlands areas as shown on Flood Insurance
Rate Maps and State Department of Environmental Protection Wetlands
Maps.
6. Location and extent of drainage or conservation easements and stream
encroachment lines.
7. Plans and computations for storm drainage systems and retention facilities.
8. Location of underground or surface utilities.
9. Soil borings as may be required by the City Engineer.
10.
List of off-tract improvements required for subdivision completion.
11.
Pinelands designation shall be shown. 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, estimated number
of lots on which final approval will be requested.
12.
A landscape plan conforming to district regulations in which
the subdivision is located.
1. Upon receipt of plat and accompanying exhibits from the applicant,
the Board Secretary will distribute copies of the preliminary plat
and attached exhibits to: City Engineer, City Conservation Official,
City Planner, County Planning Board, any other official or agency
who may be affected by the proposed subdivision.
2. Officials and agencies cited in one 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
XVII) and by the additional standards established in Article
XXI.
3. After all comments have been received and after a public hearing pursuant to § 21.13 of Article
XXI of this ordinance and if no substantial amendments have resulted from review hearing, the Planning Board shall:
a)
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.
b)
For subdivision 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.
c)
In both a) and b) of this section, approval shall be conditional
upon receipt of the required County approval and may be conditioned
upon the receipt of approvals from various State and/or Federal Agencies.
4. If the Planning/Zoning 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.
5. In the case of planned developments the Planning/Zoning Board shall
find that the development conforms with the design, density, recreational,
and environmental standards established by ordinance to planned developmental
districts.
6. The disclosure requirements set out in the Municipal Land Use Law,
L. 1977, c.336 (1978); New Jersey Statute 40:55D-48.1, 48.2 and 48.3
shall be complied with.
1. 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.
2. 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.
3. The applicant may apply for and the Planning/Zoning 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 reviewed by ordinance,
such revised standards may govern.
4. 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 non-residential floor area permissible under preliminary
approval, economic conditions and the comprehensiveness of the development.
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 welling units
and non-residential floor area permissible under preliminary approval,
the potential number of dwelling units and non-residential 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.
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 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.
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
XXII, § 22.1) shall be accompanied by one original tracing, one translucent cloth copy and 12 black and white prints at a scale of not more than 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.
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:
(1)
The date, location and name of the subdivision, name of the
owners, graphic scale and reference meridian.
(2)
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 plans, 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.
(3)
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.
(4)
All natural and artificial watercourses, streams, shorelines,
water boundaries and encroachment lines shall be shown. Final storm
water outfalls in retention basins or other receiving bodies of water
shall be identified by coordinates based on the datum specified in
paragraph B(2) above.
(5)
Each block shall be numbered and the lots within each block
shall be numbered consecutively, beginning with Number 1.
(6)
Minimum building setback lines on all lots and other sites.
(7)
The location and description of all monuments.
(8)
The names of owners of adjoining land parcels.
(9)
Certification by a licensed land surveyor as to the accuracy
of details of the plat.
(10)
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.
(11)
An updated certification from the Tax Collector that there are
no delinquent taxes charged to the property involved in the subdivision.
(12)
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.
(13)
Plans and profiles of sanitary sewers and water mains, will
be required to accompany the final plat.
(14)
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.
(15)
All approvals and permits from other agencies.
The final plat shall include all of the information requested
in § 18.12 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:
1. A letter from the applicant stating that no changes other than those
noted on the plat have occurred.
2. A letter from the City Engineer indicating that the applicant has
completed the installation of all improvements in accordance with
the requirements of this ordinance or posted with the City Clerk a
performance guarantee in an amount sufficient to cover the cost of
all improvements required as estimated by applicants engineer and
approved by the City Engineer.
3. A letter from the City Tax Collector certifying that all taxes have
been paid to date.
4. A letter from the Board Secretary indicating the amount, form and content of the maintenance guarantee 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
XXII, § 22.1).
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 Ordinance for
final approval, the conditions of preliminary approval, and in the
case of a major subdivision, the standards subscribed by the "Map
Filing Law", P.L. 1960, c. 141, 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.
1. 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.
2. 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.
3. Whenever review or approval of the application by the County Planning
Board is required by § 5 of P.L. 1968, c. 285, 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. The applicant is responsible for submitting
the necessary documents to the County for review.
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 (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 extension date.