Borough of Interlaken, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 253]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Interlaken in order to promote the public health, safety, convenience and general welfare of the Borough. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, shade trees, water supply, drainage, and other utilities necessary for essential services to residents of the Borough of Interlaken. Any subdivider or owner who desires to subdivide land within the Borough may appear at a regular meeting of the Planning Board for informal discussion with reference to same. The Planning Board shall not be bound by any such review.
[Ord. No. 253 § 1]
The short form of title by which this chapter shall be known and may be cited as shall be the "Land Subdivision Regulations of the Borough of Interlaken."
[Ord. No. 253 § 2]
As used in this chapter:
ADMINISTRATIVE OFFICER
Shall mean the Secretary of the Planning Board for matters including the Planning Board, and the Borough Clerk or his/her assistants for other administrative municipal matters.
CERTIFICATE OF COMPLETENESS
Shall mean a certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.
DEVELOPMENT PERMIT
Shall mean a document signed by the Zoning Officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and (2) which acknowledges that such use, structure or building complies with the Borough ordinances or variance therefrom duly authorized by a Borough authority.
MAJOR SUBDIVISION
Shall mean any subdivision not classified as a minor subdivision.
MINOR SUBDIVISION
Shall mean a subdivision of land for the creation of not more than two lots plus the remainder of the original lot provided such subdivision does not involve, (1) a planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:50:D-42 and provided that the Borough or the Planning Board finds that all the following conditions have been met:
a. 
That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
b. 
That the subdivision does not require the extension of Borough facilities at the expense of the Borough.
c. 
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
d. 
That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
e. 
That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map of the Borough of Interlaken or that appropriate variances have been obtained (or must be obtained as a condition of approval).
f. 
That, in the event a drainage fund has been established by the Borough or Monmouth County, an assessment has been charged to the lots and has been paid.
g. 
That no portion of the lands involved have constituted a part of a minor subdivision within three years preceding the application.
Other applicable definitions. Wherever a term is defined in N.J.S.A. 40:55D et seq., the Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the Uniform Construction Code, and used in this chapter, such term is intended to include and have the meaning set forth in the definition of such term found in said Statute and Code in addition to the definition for such term which may be included in this chapter, unless the context clearly indicates a different meaning. Words or word groups which are not defined herein shall have the meaning set forth in the New Jersey Municipal Land Use Law or as given in Webster's Unabridged Dictionary.
[Ord. No. 253 § 5]
No garage or other accessory building or structure shall be erected on any land resulting from the subdivision of any lot or resulting from the consolidation of parts of two or more lots.
[Ord. No. 253 § XVIII A]
a. 
Required Documents. Prior to issuance of a Certificate of' Completeness, the Administrative Officer (Planning Board Secretary) shall determine that the following have been submitted in proper form. The Administrative Officer may schedule a minor subdivision for public hearing upon submission of Items 1 through 8.
1. 
A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
2. 
Borough Engineer's report.
3. 
Application for State Wetlands Permit, where required.
4. 
Other submittals that may be required by the Borough Engineer, Planning Board, Board of Adjustment, or Federal, State or municipal law. (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board.)
5. 
The Application for Development for a minor subdivision or minor site plan shall include a request for the granting of any variances and/or waivers required.
6. 
Required application fees (See Chapter 28 for Development Fees) as set forth by the Borough of Interlaken and proof sufficient to the Administrative Officer that property taxes are paid in full for the current period or quarter.
7. 
20 copies of a plat and attachments meeting the requirements set forth below.
8. 
20 copies of a completed application form.
9. 
Proof of timely publication and service of notice in conformance with Borough ordinances and applicable land use statutes of New Jersey.
[Ord. No. 253 § XVIII B]
a. 
General Requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of the New Jersey Map Filing Law, N.J.S.A. 46:23-9.9 et seq., and shall include or be accompanied by the information specified below:
1. 
All dimensions both linear and angular, of the exterior boundaries of the subdivision, all lots and lands reserved or dedicated for public use shall balance and their descriptions shall close within a limit of error of not more than one part in 10,000.
2. 
The minor subdivision shall be based upon a current boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys, certified to the subdivider and prepared or recertified not less than 12 months prior to the date of application.
b. 
Title Block. A title block shall appear on all sheets and include:
1. 
Title to read "Minor Subdivision."
2. 
Name of the subdivision, if any.
3. 
Tax Map Sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be drawn.
4. 
Acreage of the tract being subdivided to the nearest hundredth of an acre.
5. 
Names and addresses of owner and subdivider so designated.
6. 
Date (of original and all revisions).
7. 
Name, signature, address and license number of the land surveyor who prepared the map and made the survey (the plat shall bear the embossed seal of the land surveyor).
c. 
Detailed Information.
1. 
A key map (at a scale of not less than one inch equals one thousand (1" = 1,000') feet) showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundaries and Borough boundary which is within 500 feet of the subdivision.
2. 
The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the Borough.
3. 
All zone boundaries, Borough borders, existing public easements, tax map lot and block numbers, watercourses, floodways and flood hazard areas within 200 feet, and both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.
4. 
All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.
5. 
All proposed public easements or rights-of-way and the purposes thereof.
6. 
The existing systems of drainage of the subdivision and of any larger tract of which is a part, together with information on how it is proposed to dispose of surface drainage (where required by the Board or Borough Engineer).
7. 
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.
8. 
North arrow.
9. 
Written and graphic scales.
10. 
A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided or certification that none exists. Such certification may be in letter form signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in New Jersey.
11. 
Proposed lot and block numbers as assigned by the Borough Engineer in accordance with the digitized lot numbering system specifications promulgated by the New Jersey Division of Taxation.
12. 
Proposed street numbers as assigned by the Borough Engineer.
13. 
Such other information as the Board and/or Borough Engineer may require or request during the review of the application for classification and approval as a minor subdivision.
[Ord. No. 253 § XVIII C]
a. 
By the Planning Board. Applications for Development for minor subdivision shall be referred to the Planning Board for decision after public hearing and vote.
b. 
By the Zoning Board of Adjustment. If an application for a minor subdivision is before the Board of Adjustment, (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) it may be approved by a majority vote of a quorum of the Board, with or without conditions. If such action is simultaneous with action on a variance pursuant to N.J.S.A. 40:55D-70(d) an affirmative vote by at least five members of the Board is required for such approval as a minor subdivision.
c. 
Time Limits for Minor Subdivision Approvals. Minor Subdivision approvals without variances shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Borough Engineer and the Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
d. 
No lot(s) shall be created which is (are) determined by the Board having jurisdiction over such application to be unsuitable for the intended use for reason of inadequate drainage, soil formations with severe limitations for development, poor planning principles, or any other feature harmful to the health, safety, and general welfare of Borough of Interlaken or its residents.
[Ord. No. 53 § XVIII D]
Any approval of an Application for Development for a minor subdivision granted by the Planning Board or Board of Adjustment (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) shall be subjected to the following conditions being satisfied prior to signing of the plat or issuance of a Development Permit:
a. 
Installation of or posting of performance guarantees for the installation of any improvements required by the Board.
b. 
Payment of any outstanding real estate taxes.
c. 
Monmouth County Planning Board approval (if not previously granted).
d. 
Township of Ocean Sewerage Authority approval (if not previously granted).
e. 
Submission of additional prints of the plat map and attachments for distribution (if required).
f. 
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary or Board of Adjustment Secretary) within the time set forth in the applicable ordinances of the Borough of Interlaken.
g. 
Any other conditions which may be imposed by the Board or which may be required by Federal, State or municipal law.
h. 
A condition setting forth the time within which all conditions must be satisfied.
[Ord. No. 253 § XVIII E]
In the event that the Application for Development for a minor subdivision is approved, a certification to that effect in this form:
027--Image-27-5-5.tif
[Ord. No. 53 § XIV A]
a. 
Prior to issuance of a Certificate of Completeness, the Administrative Officer shall determine that the following has been submitted in proper form. The Administrative Officer may schedule a preliminary plat of a major subdivision for public hearing upon submission of Items 1 through 9.
1. 
Borough Engineer's Report.
2. 
Copy of application for granting of a CAFRA Permit, where required and if submitted.
3. 
Application for municipal and/or State Wetlands Permit, where required.
4. 
Other submittals which may be required by the Borough Engineer, Planning Board, Board of Adjustment, (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) or Federal, State or local law.
5. 
The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances and/or waivers required.
6. 
Required application fees as set forth by Borough ordinance.
7. 
20 copies of a plat and attachments meeting the requirements set forth below.
8. 
20 copies of a completed application form.
9. 
Proof of service of notice in conformance with Borough ordinances.
[Ord. No. 253 § XIV B]
a. 
General Requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than one hundred feet to the inch (100' = 1") for subdivision up to 100 acres in size, and not less than 200 feet to the inch for subdivisions over 100 acres in size, and shall show or be accompanied by the information specified below.
b. 
Title Block. The title block shall appear on all sheets and include:
1. 
"Preliminary Plat - Major Subdivision."
2. 
Name of subdivision, if any.
3. 
Tax map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough tax map, the date of which shall also be shown.
4. 
Date (of original and all revisions).
5. 
Names and addresses of owner and subdivider, so designated.
6. 
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. (The Plat shall bear the embossed seal of the engineer and land surveyor).
c. 
A key map (at a scale of not less than one inch equals one thousand (1" = 1,000') feet showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone boundary or Borough boundary which is within 500 feet of the subdivision.
d. 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards, and dimensions.
e. 
Zone boundaries, Borough borders and the names of all owners, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided including properties across the street, as shown by the most recent records of the Borough or of the municipality of which the property is a part.
f. 
The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question and prepared in accordance with N.J.A.C. 13:40-5.1 "Preparation of Land Surveys." The date of the survey and the name of the person making the same shall be shown on the map.
g. 
Contours.
1. 
Existing one foot interval contours based on United States Coast and Geodetic Survey datum (MSL=0) shall be shown extending a minimum of 100 feet behind the boundary of the tract in question and shall be certified by a New Jersey licensed land surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two foot interval may be used, and if the slopes exceed 10%, a five foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
2. 
90% of elevations interpolated from contour lines will be within one-half the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest one-tenth (.1) foot and accurate to within three-tenths (.3) of a foot.
3. 
90% of all planimetric features shown on the map will be within one-fortieth inch of their true position and no planimetric features will be out of true position more than one-twentieth inch as map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.
h. 
All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, including both the width of the paving and the width of the right-of-way of each street within 200 feet of the subdivision.
i. 
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear, and side yard dimensions of those to remain.
j. 
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs, and ponds within the proposed subdivision and within 200 feet thereof.
k. 
The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.
l. 
All proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
m. 
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
n. 
The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
o. 
All proposed lot lines and areas of all lots in square feet.
p. 
North arrow and basis therefor and written and graphic scales.
q. 
Preliminary utility layouts showing methods of connection and sources of service. Prior to public hearing for preliminary subdivision plat, the developer shall provide written certification that he has contacted the involved servicing utility companies and has received their detailed specific installation standards. It will be the developer's responsibility to then integrate the various design standards and achieve optimum coordinated design.
r. 
The proposed location and area, in acres or square feet, of all land proposed to be dedicated for park and recreation facilities or common open space areas. Where common open space is proposed, the plat shall contain the following annotation including the site specific information:
027--Image-27-6-2r.tif
s. 
The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Planning Board may require the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all cul-de-sacs, at all internal street intersections, along street tangents, at intervals not exceeding 500 feet, and at such additional locations as the Planning Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plan. If such onsite points, as above discussed, have not been established at the time of submission of a tentative plat, the Planning Board may give the subdivider 15 days notice of the date of any proposed site inspection by the Board, so the points can be set.
t. 
The tentative plat shall show, on the property to be subdivided and within 200 feet of that property all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
u. 
Preliminary On-Site Grading and Drainage Plan.
1. 
The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage including the approximate proposed grading contours at one foot intervals, except if slopes exceed 5%, a two foot interval may be used, and if they exceed 10%, a five foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL-0) and the source of datum shall be noted.
2. 
The plan shall outline the approximate area contributing to each inlet.
3. 
All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades, and direction of flow. The direction of flow of all surface waters and all water courses shall be shown.
4. 
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
v. 
Preliminary Off-Site Drainage Plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:
1. 
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
2. 
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types, and sizes or other appropriate physical data for open or nonpipe conduits.
3. 
To the extent that information is available and may be obtained from the County or Borough Engineer(s), any existing plans for drainage improvements shall be shown.
4. 
In the event a temporary drainage system is proposed, tentative plans of that system shall be shown.
w. 
Boring Logs. Unless the Borough Engineer shall determine that less boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
1. 
Borings shall be spaced evenly throughout the tract.
2. 
One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.
3. 
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.
4. 
In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.
5. 
Boring logs shall show soil types and characteristics encountered, groundwater depth, the methods and equipment used, the name of the firm, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth of a foot.
6. 
Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
x. 
The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.
y. 
Sectionalization and Staging Plans. The preliminary sectionalization and staging plan showing the following:
1. 
If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board.
2. 
The sectionalization and staging plan shall identify for each lot or groups of lots in the subdivision those improvements that will be completed prior to application for Certificates of Occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.
z. 
If the Borough Engineer, Planning Board or Board of Adjustment, (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
1. 
Living deciduous trees having a trunk of six inches or more in diameter measured at four feet above grade.
2. 
All living coniferous trees having a trunk of six inches or more diameter measured at four feet above grade.
3. 
All living dogwood (Cornus florida) or American Holly (IIex opaca) trees having a trunk of one inch or greater diameter at four feet above grade.
4. 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
aa. 
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
bb. 
Such other information as the Board and/or Borough Engineer may require or request during the review of the preliminary plat.
[Ord. No. 253 § XIV C]
Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board or Board of Adjustment (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) shall be subject to the following conditions being satisfied prior to the signing of the plat:
a. 
Submission of additional prints of the plat and attachments for distribution (if required).
b. 
Preliminary Monmouth County Planning Board approval (if not previously granted).
c. 
Preliminary Township of Ocean Sewerage Authority approval (if not previously granted).
d. 
Publication of the decision of the Board by the Administrative Officer (Planning Board Secretary) within the time set forth in the Borough ordinances.
e. 
Any other conditions which may be imposed by the Board or may be required by Federal, State or municipal law.
f. 
A condition setting forth the time within which all conditions must be satisfied as described in the Borough ordinances.
The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.
[Ord. No. 253 § XIV D]
In the event that the Application for Development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:
027--Image-27-6-4.tif
shall be endorsed on the preliminary plan and the original reproducible thereof shall be provided to the Board by the applicant. The original shall be signed by the Chairman and Secretary of the Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the preliminary plat shall be distributed as provided for in the Borough ordinances and the signed original shall be returned to the applicant.
[Ord. No. 253 § XIV E]
Upon submission of a complete application to the Administrative Officer for a subdivision of five or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the Administrative Officer for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the major subdivision.
Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49 and in the Borough ordinances.
[Ord. No. 253 § XIV F]
Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three year period from the date of the preliminary approval:
a. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks, and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
b. 
That 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; and
c. 
That the applicant apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of 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 shall govern.
d. 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in paragraphs a, b, and c above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions; and (3) 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; (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) the potential number of dwelling units and nonresidential floor area permissible under preliminary approval; (3) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; (4) economic conditions; and (5) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern.
[Ord. No. 253 § XIV G]
Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board or Board of Adjustment (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) and the Borough Engineer that (1) such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken, and (2) that required inspection fees have been paid and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or performance guarantees shall include, but are not limited to, the cost to the Borough of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way of easements.
[Ord. No. 253 § XX A]
Prior to issuance of a Certificate of Completeness or scheduling of a final plat of a major subdivision for public hearing, the Administrative Officer (Planning Board Secretary) shall determine that the following has been submitted in proper form:
a. 
Borough Engineer's Report.
b. 
Application for Land Disturbance Permit.
c. 
Application for State Wetlands Permit, where required.
d. 
Application for Stream Encroachment Permit, where required.
e. 
Where applicable, a copy of the Permit issued, or if the Permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the Environmental Impact Statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
f. 
A certificate of title, which may be on the plat (signed by the owner and notarized) or in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
g. 
Other submittals that may be required by the Borough Engineer, Planning Board, Board of Adjustment, (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) or Federal, State or local law.
h. 
Unless waived by the Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of' Title 39 of the New Jersey Statutes be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
i. 
Required application fees as set forth by Borough ordinance. (See Chapter 28, Fees for Development Regulations)
j. 
20 copies of the plat and attachments meeting the requirements set forth below.
k. 
A condition setting forth the time within which all other conditions must be satisfied as described in the Borough ordinances.
[Ord. No. 253 § XX B]
a. 
General Requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the Municipal Agency within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats within the addition of the specific additional requirements set forth herein.
1. 
A final plat shall be drawn at a scale of not less than one hundred feet to the inch (100' = 1"), shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, Map Filing Law, as amended and supplemented, specified herein.
2. 
All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance and their description shall close within a limit of error of not more than one part in 10,000.
3. 
Unless specifically waived by the Borough Engineer, the bearing system used on the exterior boundaries of the final plat shall conform to the New Jersey State Plane Coordinate System or the plat shall show bearings based on said system in addition to any other bearings shown. When multiple bearing systems are shown, the bearings conforming to the New Jersey State Plane Coordinate System shall be enclosed in brackets.
4. 
Unless specifically waived by the Borough Engineer, coordinates, based on the New Jersey State Plane Coordinate System (x and y) shall be shown, individually or in tabular form, for the monumented (existing or proposed) corners of the exterior boundary of the tract.
5. 
The source of New Jersey State Plane Coordinate System information shown as required above shall be noted on the final plat.
b. 
Purpose of Final Plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Borough Engineer, other officials and Planning Board, or Board of Adjustment. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.
c. 
Title Block. The title block shall appear on all sheets and include:
1. 
Title to read: "Final Plat - Major Subdivision."
2. 
Development name, if any.
3. 
Tax map sheet, block and lot numbers of the tract to be subdivided as shown on the latest Borough Tax Map, the date of which shall also be shown.
4. 
Date (of original and all revisions).
5. 
Names and addresses of owner and subdivider, so designated.
6. 
The names, signatures, addresses, and license numbers of the engineer and land surveyor who prepared the map. (The plat shall bear the embossed seal of the engineer and land surveyor).
d. 
The final plat shall be based on a monumented, current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more have passed since the date or date of last recertification of the survey, it shall be recertified and, if necessary, brought up to date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.
e. 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards, and dimensions.
f. 
All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.
g. 
A grading plan showing existing and proposed grading contours at one foot intervals throughout the tract except if slopes exceed 5%, a two foot interval may be used, and if they exceed 10%, a five foot interval is permissible. Datum shall be United States Coast and Geodetic Survey datum (MSL-0) and source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of building and first floor and basement elevations.
h. 
The limits of all areas of proposed cuts and fills (exclusive of excavations for basements) shall be clearly designated.
i. 
On-site Drainage Plan.
1. 
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage including existing and proposed contours as previously required.
2. 
The plan shall outline each area contributing to each inlet.
3. 
All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades, and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
4. 
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.
j. 
Off-site Drainage Plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
1. 
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
2. 
The pertinent off-site existing drainage shall be shown with elevations of inverts and grades to the nearest one-tenth of a foot.
3. 
To the extent that information is available and may be obtained from the County or Borough Engineers, any existing plans for drainage improvements shall be shown.
4. 
In the event a temporary drainage system is proposed, full plans of that system shall be shown.
5. 
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, type, inverts, crowns, and slopes; all proposed structures and connections and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding one hundred (100) feet shall be shown for all open channels.
k. 
Center line profiles of all proposed streets showing:
1. 
Existing and proposed finished grades and slopes.
2. 
Pipe sizes, slope, type, inverts, and grate or rim elevations of drainage and sanitary sewage facilities.
l. 
Where required by the Borough Engineer, cross sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet of all proposed streets.
m. 
Where required by the Planning Board or Board of Adjustment, (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board.) Environmental Commission, or Shade Tree Advisory Committee, the location, caliper, and type of all:
1. 
Living deciduous trees having a trunk of six inches or greater in diameter at a height of four feet.
2. 
All living coniferous trees having a trunk of six inches or greater in diameter at a height of four feet.
3. 
All living dogwood (Covnus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater in diameter at a height of four feet.
4. 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
n. 
The number, location, and species of all proposed trees, shrubs, and/or ground cover plant materials and planting details of same.
o. 
Utility layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric, and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of street lights and fire hydrants. If private utilities are proposed, they shall comply with all local, County and State regulations.
p. 
The top of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated or the limits of alluvial soils where boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in determination of floodway and flood hazard area limits.
q. 
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; land to be reserved or dedicated to public use, all lot lines and site easement lines with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.
r. 
All monuments in accordance with Chapter 141 of the Laws of 1960 of the State of New Jersey, including all monuments found, monuments set, and monuments to be set, and an indication of monumentation found and reset.
s. 
Certificate of engineer or land surveyor as to accuracy of the details of the plat.
t. 
Lot and block numbers shown on the final plat shall conform to the Borough Tax Map (or proposed revisions thereof) and shall be obtained by the applicant's engineer from the Borough Engineer. Proposed house numbers shall also be obtained from the Borough Engineer and shall be shown encircled on the final plat, or on one of the attachments thereto. The Borough Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.
u. 
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Borough and shall be approved by the Borough Engineer.
v. 
The location and area, in acres or square feet, of all land to be dedicated for park and recreation facilities or common open space as approved by the Board. Where common open space is to be dedicated, the plat shall contain the following annotation including the site-specific information:
027--Image-27-7-2v.tif
w. 
Unless waived by the Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the Borough Engineer be likely to be approved by the New Jersey Department of Transportation. This plan shall be prepared by consultation with the Borough Engineer and the Borough Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience, and well being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request as referred to in this chapter.
x. 
Such other information as the Board and/or Borough Engineer may request during review.
y. 
Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
[Ord. No. 253 § XX C]
Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board or Board of Adjustment, (See Chapter 25, Land Use Procedures, Section 25-2, Powers of the Zoning Board of Adjustment Assumed by the Planning Board) prior to the signing of the plat or issuance of a development permit.
a. 
Payment of any outstanding real estate taxes.
b. 
Submissions of additional prints of the plat map and attachments for distribution, if required.
c. 
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary) the time set forth by Borough ordinance.
d. 
Final Monmouth County Planning Board approval (if not previously obtained).
e. 
Final Township of Ocean Sewerage Authority approval (if not previously obtained).
f. 
Final Monmouth Consolidated Water Company approval.
g. 
Final J.C.P. & L. Company, N.J. Natural Gas Co., Bell Telephone and Cable Television Co. service agreement.
h. 
Certification of Soil Erosion and Sediment Control Plans (if not previously obtained).
i. 
Bureau of Fire Prevention approval (if not previously obtained).
j. 
Granting of State Wetlands Permit (if required).
k. 
Certification of approval of plans for drainage or water- course diversions by the State of New Jersey, Department of Environmental Protection, where required.
l. 
Granting of a Coastal Area Facilities Review Act (CAFRA) Permit (where required).
m. 
Approval of any required riparian grants or licenses.
n. 
Granting of any required construction permits.
o. 
Posting of required performance guarantees.
p. 
Payment of required inspection fees.
q. 
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence indemnifying and saving harmless the ownership and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementation of the approved subdivision. The insurance policy shall provide for 10 days notice to the Borough prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
r. 
Any other conditions which may be imposed by the Board or may be required by Federal, State or local law.
s. 
A condition setting forth the time within which all other conditions must be met as described in the Borough ordinances.
[Ord. No. 253 § XX D]
In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in the following form shall be endorsed on the plat and the original reproducible thereof shall be provided to the Board by the applicant. The original shall be signed by the Chairman and Secretary of the Board and the Borough Engineer (as to the map filing law certification) after they receive a certification from the Administrative office that all conditions of approval have been satisfied. After signature, plat shall be reproduced as provided for by Borough ordinance and the signed original shall be returned to the applicant for filing.
027--Image-27-7-4.tif
[Ord. No. 253 § XX E]
If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law N.J.S.A. 46:23 as amended and supplemented, within 95 days from the date upon which plat was signed by the Planning Board Chairman and Secretary. The applicant shall, within one week after filing the subdivision with the County Recording Officer, notify in writing, the Borough Engineer and Borough Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereof the filing date shall be obtained from the County Recording Officer by the Borough Clerk who shall distribute copies of the filed map to appropriate municipal officials. In the event the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless, prior to expiration, such time is extended by the Board for a period not to exceed 95 days for good cause shown.
[Ord. No. 253 § XX F]
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
Final approval shall expire 95 days from the date of the passage of the resolution of final approval if during that time all conditions provided for in the resolution of approval have not been fully complied with, performance guarantees posted, and the plans signed by the appropriate officials; and the plats duly filed with the County Recording Officer, the Borough Engineer, and the Borough Tax Assessor. The Planning Board may, for good cause shown, extend the period of recording for an additional period not to exceed one hundred ninety (190) days from the date of the passage of the resolution of final approval.
[Ord. No. 253 § XX G]
a. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; 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 required time period. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat, 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 N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of the rights conferred by preliminary approval for the section granted final approval.
b. 
In the case of a subdivision for a planned unit development or planned unit residential development or residential cluster of fifty acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant rights for such period of time, longer than two years as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval; (2) economic conditions; and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval; (2) the number of dwelling units and nonresidential floor area remaining to be developed; (3) economic conditions; and (4) the comprehensiveness of the development.
[Ord. No. 253 § XX H]
An applicant may require and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision approval provided that:
a. 
The proposed development is not to be constructed in sections or stages.
b. 
The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
c. 
Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
d. 
The applicant consents to the time limits for action by the Board to be the greater of the limits set for either preliminary or final approval.
e. 
The Board is satisfied that the scope of the project is not so large or so complex as to require the additional review time which separate applications would provide.
Any approval granted by the Planning Board or such combined application shall confer upon the applicant all the rights in this section for final approval.
[Ord. No. 253 § XX I]
The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or salesrooms from which sales in the approved subdivisions are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.
[Ord. No. 253 § XXI]
All other ordinances (or parts thereof) inconsistent with the provisions of this chapter are hereby repealed.
[Ord. No. 253 § XXII]
This chapter shall become effective immediately upon its adoption and publication according to law.