[1991 Code § 185-24]
These rules, regulations and standards shall be considered the
minimum requirements for the protection, promotion and conservation
of the public health, safety and general welfare of the citizens of
the Borough. Any action taken by the Planning Board under the terms
of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if the
subdivider or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impracticable or will exact undue
hardship, the Planning Board may permit such variances as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter and as shall not be in conflict
with the provisions of any other ordinance of the Borough.
[1991 Code § 185-25]
A.
The prospective purchaser, prospective mortgagee or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision, or which formed part of such a
subdivision three years preceding the effective date of N.J.S. 40:55D-1
et seq. may apply, in writing, to the administrative officer of the
municipality for the issuance of a certificate certifying whether
or not such subdivision has been approved by the Planning Board. Such
application shall contain a diagram showing the location and dimensions
of the land to be covered by the certificate and the name of the owner
thereof.
B.
The administrative officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
(1)
Whether there exists in the municipality a duly established Planning
Board and whether there is an ordinance controlling subdivision of
land adopted under the authority of this chapter.
(2)
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date of such
approval and any extensions and terms thereof, showing that the subdivision
of which the lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided in N.J.S. 40:55D-1
et seq.
D.
The administrative officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the municipality.
