[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:
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.
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.
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.
Shall mean any subdivision not classified as a 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:
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.
That the subdivision does not require the extension of Borough
facilities at the expense of the Borough.
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated.
That the subdivision will not adversely affect the development
of the remainder of the parcel or the adjoining property.
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).
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.
That no portion of the lands involved have constituted a part
of a minor subdivision within three years preceding the application.
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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.
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[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.
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:
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[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.
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:
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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.
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The Board may also condition its preliminary approval upon the
applicant providing for certain revisions or additions on the final
plat submission.
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[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:
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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.
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[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.
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.
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:
 |
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.
 |
[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.
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[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.
