[Amended 2-25-2002 by Ord. No. 2002-06]
A.
Pursuant to the provisions of Section 28 of P.L. 1975, c. 291, approval
of subdivision plats by resolution of the Land Use Board shall be
required as a condition for the filing of such plats with the County
Recording Officer.
B.
Each application for subdivision approval shall be submitted by the
applicant to the County Planning Board for review or approval, and
the Land Use Board shall condition any approval that it grants upon
the timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.[1]
A.
The definition of "minor subdivision" shall be as set forth in the
Municipal Land Use Law, P.L. 1975, c. 291, of the New Jersey Revised
Statutes. Further, "minor subdivision" shall include subdivision of
land for the creation of not more than two lots fronting on an existing
state, county or municipal street, not involving any new street or
road, a planned development or the extension of municipal facilities
and not adversely affecting the development of the remainder of the
parcel or adjoining property. Further, such subdivision shall comply
with respect to lot area, dimensions and setbacks as set forth in
the municipal development regulations, including the applicable Zoning
Ordinance,[1] as well as comply with any other applicable municipal
development regulations, and, in the event relief is necessary by
way of variance, the same shall be acquired from the Land Use Board
and the ordinances of the Borough of Neptune City may require.
B.
The procedure, with respect to minor subdivision, shall require the
submission of 18 copies of a complete application and a map, in a
size required by the Map Filing Law, by the owner and subdivider to
the Secretary of the Board, together with the required fees and escrows
pursuant to ordinance and a completed subdivision completeness checklist.
Such sketch plat shall be drawn by a licensed land surveyor of this
state and shall show or include the following information:
(1)
The location of that portion which is to be subdivided in relation
to the entire tract.
(2)
The name of the owner of said tract and the names of all adjoining
property owners as disclosed by the most recent municipal tax records,
as well as all those within 200 feet of said subdivision.
(3)
The Tax Map sheet block and lot numbers.
(4)
All streets or roads and streams within 500 feet of the subdivision.
(5)
All existing structures and wooded areas within the portion to be
subdivided, including the setbacks for all structures on the property
to be subdivided.
(6)
All streets, easements, watercourses and rights-of-way.
(7)
A key map showing all road intersections within 500 feet of said
tract, including the placement of the property in question.
(8)
All other items included in the subdivision completeness checklist.
D.
E.
Minor subdivision approval shall be deemed to be final approval of
a subdivision by the Board; provided, however, that such Board may
condition its approval on terms to ensure the provision of improvements
pursuant to applicable law and ordinances.
F.
No minor subdivision approval shall be considered final by said Board unless there has been acquired Monmouth County Planning Board approval or waiver, where applicable, and until payment of all development fees and taxes on the subject property (unless waived); and the Board may not act with respect to same until a complete application has been filed with the Secretary of the Board, which application has been determined to be complete by the Administrative Officer itself and has included the advice of the Borough Engineer. Said subdivision application and sketch plat shall be reviewed to ensure that the Municipal Zoning Ordinance has been fully complied with by the applicant, and the Board, pursuant to Chapter 15 of the Ordinance[3] of the Borough of Neptune City referred to aforesaid,
shall have the ability to grant appropriate variances pursuant to
said ordinance and such other relief as that ordinance and Chapter
291 of the Laws of New Jersey 1975 shall provide.
[Amended 2-25-2002 by Ord. No. 2002-06]
A.
The applicant shall submit 18 copies of a complete application for subdivision approval to the Secretary of the Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee, as provided in Subsection E. below.
B.
A complete application for preliminary approval shall consist of
the following:
(1)
A properly completed development application form.
(2)
The required development fees and escrows, as per ordinance.
(3)
A subdivision map or maps drawn by a licensed professional engineer
of the State of New Jersey, which map shall be in accordance with
the sizes required by the Map Filing Law and drawn in accordance with
the design standards and improvements as required by this chapter
and the applicable ordinances of the borough and state law, upon which
the following is set out:
(a)
Scale, not to exceed one inch equals 100 feet.
(b)
Locator or key map showing all road intersections within 500
feet or the nearest intersection, whichever is greatest.
(c)
All structures, wooded areas and topography shall be shown,
with contours at two-foot intervals, except where the slope exceeds
15%, in which case contour intervals may be five feet.
(d)
All lot lines and owners of lots within 200 feet of the site.
(e)
Streets, easements, watercourses and rights-of-way, both existing
and proposed and dedicated.
(f)
Utility and drainage plans.
(g)
Any extension of off-tract improvements necessitated by the
proposed development.
(h)
A soil erosion and sedimentation control plan, pursuant to the
requirements of N.J.S.A. 4:24-39 et seq.
Said map shall further show all designated streets, public drainageways,
flood control basins or public areas within the proposed development
as may be shown on the Master Plan or Official Map of the said community
pursuant to N.J.S.A. 40:55D-44. The Land Use Board shall have the
right to reserve the location and extent of such streets, ways, basins
or areas shown on a plat for a period of one year after the approval
of the final plat or within such further time as may be agreed to
by the developer. Unless during such period or extension thereof the
borough shall have entered into a contract to purchase or have instituted
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plat and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this subsection
shall not apply to streets and roads, flood control basins or public
drainageways necessitated by the subdivisions or land development
and required for final approval. This action shall take place before
the Land Use Board or reviewing board approves the subdivision in
final form. The Secretary of the Land Use Board shall distribute to
the Mayor and Council of the borough all maps and plans involving
subdivisions wherein there has been a reservation as set forth above
pursuant to an area reserved on the Official Map or Master Plan, and
the Mayor and Council shall have the duty to reply and set forth its
intentions with respect to the reserved areas within 90 days of receipt
of said notice from the Land Use Board. It shall be the obligation
of the Mayor and Council thereupon, in the event it wishes to act
with respect to the reservation, to proceed thereon with the developer
to reach an agreement or take whatever other steps are necessary with
respect to compensation and as may be required by law. The Land Use
Board shall be notified immediately of whatever action the Mayor and
Council is in the process of taking with respect to said developer.
(i)
All items included in the subdivision completeness checklist.
(j)
Said map shall further show all designated street, public drainageways,
flood control basins or public areas within the proposed development
as may be shown on the Master Plan or Official Map of the said community
pursuant to N.J.S.A. 40:55D-44. The Board shall have the right to
reserve the location and extent of such streets, ways, basins or areas
shown on a plat for a period of one year after the approval of the
final plat or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the Borough
shall have entered into a contract to purchase or have instituted
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plat and may proceed with applicable development regulations. The
provisions of this subsection shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or land development and required for final approval. This action shall
take place before the Board approves the subdivision in final form.
The Secretary of the Board shall distribute to the Mayor and Council
of the borough all maps and plans involving subdivisions wherein there
has been a reservation as set forth above pursuant to an area reserved
on the Official Map or Master Plan, and the Mayor and Council shall
have the duty to reply and set forth its intentions with respect to
the reserved areas within 90 days of receipt of said notice from the
Board. It shall be the obligation of the Mayor and Council thereupon,
in the event it wishes to act with respect to the reservation, to
proceed thereon with the developer to reach an agreement or take whatever
other steps are necessary with respect to compensation and as may
be required by law. The Board shall be notified immediately of whatever
action the Mayor and Council is in the process of taking with respect
to said developer.
C.
The Secretary of the Board shall distribute the subdivision sketch
plats and application for subdivision review and report and, where
required, approval to the following persons:
D.
It shall be the obligation of the applicant to fully comply with
the hearing procedures and notice and service requirements upon the
appropriate parties pursuant to law that may exist in order for the
Board to have proper jurisdiction concerning said matter. The hearing
requirements are set forth in the Procedural Ordinance of the Borough
of Neptune City as referred to aforesaid, entitled "An Ordinance of
the Borough of Neptune City Establishing a Planning Board and a Zoning
Board of Adjustment Pursuant to the Provisions of Chapter 291, Laws
of New Jersey, 1975: Providing for the Powers of Said Board; Fixing
the Procedures Governing Applications to Said Boards and Appeals Therefrom;
and Providing for the Continuation of Existing Ordinances."[1]
E.
Following submission by the applicant of a complete application to
the Land Use Board Secretary, including the plat and such other engineering
documents for discussion for the purposes of preliminary approval,
the Board shall have the duty to notify the developer within 45 days
of such submission as to whether or not his application is incomplete.
Pursuant to law, a public hearing shall be held with respect to each
application for development and shall follow the procedures as set
forth in Chapter 291, Laws of New Jersey 1975, as well as the Procedural
Ordinance of the Borough of Neptune City as referred to aforesaid[2] and such other requirements as may exist in the borough,
and, in the event there is any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application shall be submitted and proceeded
upon as in the case of the original application for development.
(1)
In order to acquire preliminary approval of a major subdivision pursuant
to this chapter and the laws of this state, the applicant shall meet
all requirements as set forth in the design standards and on-site
and off-site improvement requirements of this chapter and the applicable
ordinances of this borough and state law.
(2)
All submissions as required hereunder and applications and maps shall
be submitted at least 14 days prior to the Land Use Board meeting
at which any consideration is desired in order to be considered for
that meeting. The map and application shall be submitted to the Major
Subdivision Committee for review and inspection in the field and for
recommendation to the Board as a whole.
F.
The Land Use Board shall require as a condition of preliminary subdivision approval that the developer pay his pro rata share of the costs of providing the reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor that will have to be located outside of the property limits of the development and which are necessitated or required by construction or improvements within such development. These off-site or off-tract improvements shall include but not be limited to water mains, sanitary sewers, storm sewers and culverts, as directed by the Land Use Board or its engineer, and shall be supplied in accordance with the standards of construction and installation as set forth in said ordinances of the Borough of Neptune City governing on-site improvements as well as off-site improvements. Such contribution for a developer's pro rata share shall result in his being compensated from moneys collected by the borough pursuant to a formula and standard as set forth in § 115-12.
G.
If the plat is approved by the Land Use Board, the Board shall act
pursuant to the time requirements set forth in Chapter 291, Laws of
New Jersey 1975; and, where a subdivision involves 10 or fewer lots,
the Land Use Board shall act within 45 days of the date of a complete
and accepted submission as set forth herein or within such further
time as may be consented to by the developer, and where the submission
involves an application for a subdivision of more than 10 lots, the
Land Use Board shall grant or deny preliminary approval within 95
days of the date of such complete and accepted submission or within
such further time as may be consented to by the developer.
Preliminary approval of a major subdivision pursuant to this
Act[1] shall confer upon the applicant the following rights for
a period of three years 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 use requirements; layout
and design standards for streets, curbs and sidewalks; lot size; yard
dimensions; and off-tract improvements, except that nothing herein
shall be construed to prevent the borough from modifying by ordinance
such 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.
C.
That the applicant may apply for and the reviewing 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 unless the board decides otherwise.
[1]
Editor's Note: "This Act" refers to c. 291, P.L. 1975
(N.J.S.A. 40:55D-1 et seq.).
[Amended 2-25-2002 by Ord. No. 2002-06]
As a condition of an approval of any subdivision by the Board, the subdivider shall be required to post performance guarantees and inspection fees to insure the installation of the required improvements. The guarantees and inspection fees shall be as set forth in Section 15-27 of this Code of Neptune City.
The Board, when acting upon applications for preliminary or
minor subdivision approval, shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review and approval of this chapter if the literal enforcement of
one or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in question.
A.
The reviewing board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established herein for final approval, the
conditions of preliminary approval, including installation or guaranteeing
of on-site and off-site improvements, and, in the case of a major
subdivision, the standards prescribed by the Map Filing Law, provided
that in the case of a planned development, the reviewing body may
permit minimal deviations from the conditions of preliminary approval
necessitated by change of condition beyond the control of the developer
since the date of preliminary approval without the developer being
required to submit another application for development for preliminary
approval.
B.
A complete application for final approval shall consist of the following:
(1)
A properly completed development application form, together with
required fees of the borough.
(2)
A certification from the applicant's licensed land surveyor
that the subdivision plat conforms to the Map Filing Law in all respects
and the design standards and improvement Article of this chapter.
(3)
The posting of the required guarantees for those improvements not
completed, pursuant to such estimates as set forth by the Borough
Engineer.
C.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Secretary of the reviewing board
or within such further time as may be consented to by the applicant.
If approved and signed, the Board Secretary shall distribute the signed
plats as follows:
D.
As a condition for final approval of any subdivision, the applicant
is required to submit proof that all escrows and all real property
taxes, including the full amount for the calendar year in which subdivision
approval is granted, have been paid in full and that all assessments
for local improvements have been paid in full on the property for
which any subdivision application is made. No Board approval for any
subdivision shall be considered final until said proofs are submitted.
E.
No building permits shall be issued by the Construction Official
until he has received a signed and approved copy of the subdivision
plan from the Board.
A.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which approval is required by this chapter, such person shall be subject
to a penalty not to exceed $1,000, and each lot disposition so made
may be deemed a separate violation.
B.
In addition to the foregoing, the borough may institute and maintain
a civil action:
