[Added 12-18-2018 by Ord. No. 27-18]
This article shall be known as and may be cited as the "Land
Subdivision and Site Plan Ordinance of the Borough of Keyport adopted
April 3, 1975."
There is hereby established rules, regulations and standards
governing the subdivision of land and site plan review within the
Borough of Keyport pursuant to the authority set forth in Chapter
291 "Municipal Land Use Law, Laws of 1975" and amendments and supplements
thereto, setting forth the procedure to be followed by the appropriate
board in applying and administrating these rules, regulations and
standards, and providing penalties for the violation thereof.
The purpose of this article shall be to provide rules, regulations
and standards to guide land subdivision and site plan review in the
Borough of Keyport in order to promote the public health, safety,
convenience and general welfare of the municipality. It shall be administrated
to insure the orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services.
The provisions of this article shall be administered by the
Zoning Board or the Planning Board in accordance with Chapter 291
of the Laws of 1975.
As used in this article, the following terms shall have the
meanings indicated:
Borough of Keyport.
The Mayor and Council of the Borough of Keyport.
The Fee Schedule is included as an attachment to this chapter.
a.
Review to determine completeness. The applicant shall submit five copies of the development application to the Secretary of the Planning Board. The application shall include all information indicated in § 25-6-8c. The Secretary shall distribute two copies to the Board Engineer, which shall determine completeness of the application. The Board Engineer shall indicate items not provided or shall deem the application complete and report such to the Planning Board within 45 days of the date of submission of the application package to the Board Secretary.
b.
Complete applications. Upon determination of completeness by the
Board Engineer, the applicant shall submit 25 copies of his complete
application to the Secretary of the Planning Board. The time for the
Board's review shall not begin to run until the submission of
a complete application with the required fees. Unless the applicant
is informed in writing by the Secretary of the Planning Board within
45 days of the actual submission of the application that it is incomplete,
said application shall be deemed complete as of the date it was submitted.
c.
Meet with the Technical Review Committee as defined in § 25:3-30.
d.
Informal review with Planning Board. At the request of a developer,
the Planning Board may grant an informal review of a concept plan
for development for which a developer intends to prepare an application
for development. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
e.
Application for minor subdivision.
1.
Submission of sketch plat. Any owner of land within the Borough shall
prior to subdividing or re-subdividing land, as defined in this chapter,
submit to the Secretary of the Planning Board, at least two weeks
prior to the regular meeting of the Board, a sketch plat of the proposed
subdivision.
a.
When site plan approval is required. Site plan approval shall be
required for all major and minor development, as defined in § 25-1-3A.
b.
The following types of development shall be exempt from site plan
approval:
1.
Permitted single-family or two-family dwellings and structures and
uses accessory thereto.
2.
Repairs to the interior of a building which do not result in a change
in the number of dwelling units on site.
3.
The construction of any building or other structure of less than
500 square feet which does not create or exacerbate a nonconformity.
4.
Changes of use where no additional nonconformities are created and/or
existing nonconformities are not exacerbated.
c.
Submittal procedure for site plans.
1.
In any case where site plan approval is required by this article,
no building permit or certificate of occupancy shall be issued by
the Construction Official, unless the applicant therefore shall first
obtain site plan approval from the Planning Board.
2.
Application for site plan approval shall be made to the Planning Board in conformity to § 25-6-7 herein set forth and on forms to be provided to the application by the Secretary who shall determine the type of form which is applicable in accordance with the type of matter the application involved as set forth in Subsection A of this section.
3.
If an application for development is found to be incomplete, the
developer shall be notified thereof within 45 days of the submission
of such application or it shall be deemed to be properly dismissed.
4.
If the Planning Board required any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed development
complies with this article and this act, grant preliminary site plan
approval.
5.
Upon the submission to the administrative officer of a complete application
for a site plan for 10 acres of land or less 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 the submission of a complete application for a site
plan of more than 10 acres 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 site plan.
6.
Site plans for major developments shall be prepared by a licensed
engineer, planner, land surveyor, landscape architect or architect
of the State of New Jersey, who shall certify in detail to the compliance
of plans with these articles. Site plans for minor developments may
be submitted which are prepared by someone other than a licensed engineer,
planner, land surveyor, landscape architect or architect and certification
to the compliance of such plans with these articles shall be made
by the owner or his representative.
d.
Exhibits required for site plan approval.
1.
For major developments, a site plan shall be provided that is based
on an accurate certified boundary survey, prepared in accordance with
N.J.A.C. 13:40-5.1, "Preparation of Land Surveys" September 1984 and
as amended. The date of the survey and the name of the person who
made the survey, shall be shown on the site plan. The site plan shall
reflect the following information:
(a)
All existing buildings, structure, streets and streams within
200 feet.
(b)
Lot dimensions, lot area, tax map lot and block number, street
address, zoning, district, flood zone designation, north arrow, date
and scale.
(c)
Proposed traffic circulation showing traffic pattern, access
isles and curb radii, and width of street.
(d)
Loading docks, walks and other related facilities for the movement
and storage of goods, vehicles and people on or through the site.
(e)
Location on the site of all proposed and existing buildings
and their relation to contiguous buildings with all setback lines
and grades dimensioned and clearly shown. Finished grades at all corners
of buildings and first floor elevations of buildings on site.
(f)
Type and height of proposed fences and landscaped buffer areas.
(g)
Topography showing existing and proposed contours at two-foot
intervals for slopes averaging 5% or greater and at one-foot intervals
for land or lesser slope.
(h)
Location and design of existing and proposed stormwater systems,
sanitary waste disposal systems, and all existing utilities above
and below ground, and existing and proposed easements.
(i)
Outside lighting details indicating type and height of [standards]
fixtures, location, and radius of light and intensity of footcandles.
(j)
Location, dimensions and details of all signs.
(k)
Landscaping and buffering plan showing what will remain and
what will be planted, including type and height, indicating names
of plants, trees and dimensions, approximate time of planting and
maintenance plans. All existing trees greater than three inches in
caliper measured six feet above ground level must be shown and shall
be preserved whenever possible.
(l)
Indicate the enclosed number of square feet of building space
with hallways, corridors, stairways and storage acres dimensioned,
including all stories.
(m)
Complete design of the parking area, including construction
details, with dimensions of aisles, driveways, parking spaces clearly
shown, the location, type and size of all existing and proposed curbs,
walks, dries, paved areas, retaining walls, and curve radii.
(n)
Method of refuse and recyclable material disposal and storage
enclosures showing type and height and size of enclosure.
(p)
Building plans showing size, height, location, and arrangement
of proposed and/or existing buildings.
(q)
A prospective rendering or sketch showing the proposed general
appearance of the building.
(r)
List of any proposed or existing restrictions or easements which
might be required by any official agency, with documentation clearly
shown.
(s)
Written description of the proposed operation to include the
number of shifts maximum number of employees, anticipated truck and
trailer traffic together with the relation of the proposed operation
of traffic congestion, noise, glare, air pollution, water pollution,
fire hazards and safety hazards.
(t)
Monmouth County Planning Board, or New Jersey State approval
in writing if property has ingress or egress on a county road or state
highway.
(u)
Written report from Zoning Officer as to conformity with ordinances
applicable.
(v)
Written report as to fire and safety requirements from the Fire
Subcode Official.
(w)
Written report as to traffic pattern and public safety from
the Chief of Police.
(x)
Written report with reference to municipal utilities from the
Borough Engineer.
(y)
Written comments as to pertinent parts of the site plan from
the Planning Board Engineer, together with approval of site drainage.
(z)
Written report from the Board of Health.
(aa)
Written report from the Environmental Commission.
2.
For minor developments the following plan details are required:
(a)
Location on the site of existing buildings with all setback
lines clearly shown.
(b)
Complete design of the parking area or paved area, including
construction details with dimensions of aisles, driveway, parking
spaces clearly shown. The location, type and site of all existing
and proposed curbs, walks, drives, paved areas, retaining walls, and
curve radii (all parking spaces shall be 10 feet by 20 feet).
(c)
Type and height of proposed fences and landscaped buffer areas.
(d)
Topography showing existing and proposed contours of two-foot
intervals for slopes averaging 5% or greater, and at one-foot intervals
for land or lesser slope.
(e)
Location and design of existing and proposed water systems,
sanitary waste disposal systems and all existing and proposed easements.
(f)
Outside lighting details indicating type and height standards,
location, and radius of light intensity of foot candles.
(g)
Loading docks, walks, and other related facilities for the movement
and storage of good and vehicles on site.
(h)
Monmouth County Planning Board or New Jersey State approval
in writing, if the project has ingress or egress on a county or state
highway.
(i)
Written description of any proposed increased or new operation
to include the number of shifts, maximum number of employees, anticipated
truck and trailer traffic, together with the relation of the proposed
operation to traffic congestion, noise, glare, air pollution, water
pollution, fire hazards, and safety hazards.
e.
Performance standards.
1.
The layout or arrangement of the subdivision or land development
shall be consistent with the requirements of the Zoning Ordinance.
2.
Streets in the subdivision or land development shall be of sufficient
width and suitable grade and suitably located to accommodate prospective
traffic and to provide access for firefighting and emergency equipment
to buildings and coordinated so as to compose a convenient system
consistent with the Official Map, if any, and the circulation element
of the Master Plan, if any, provided that no street of a width greater
than 50 feet within the right-of-way lines shall be required unless
said street constitute an extension of an existing street of the greater
width or already has been shown on the Master Plan at the greater
width on the Official Map.
3.
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants shall be provided for.
4.
Suitable size, shape and location for any area reserved for public
use shall be provided for pursuant to N.J.S.A. 40:55d-44 of the Land
Use Law.
5.
Reservation pursuant to N.J.S.A. 40:55d-43 of the Land Use Law of
any open space to be set aside for use and benefit of the residents
of planned development, resulting from the application of standards
of the density or intensity of land used contained in the Zoning Ordinance
pursuant to Paragraph 52c of N.J.S.A. 40:55d-65 of the Land Use Act.
6.
Regulation of land designated as subject to flooding pursuant to
N.J.A.C. 7:13 the Flood Hazard Area Control Act and the Borough of
Keyport's Flood Damage Protection Ordinance[1] shall be provided for to avoid danger to life or property,
protection and conservation of soil from erosion by wind or water
or from evacuation or grading.
7.
The existing natural resources of the site shall be preserved whenever
possible.
8.
Provide adequate access and off-street parking and loading facilities
for employees and visitors.
9.
Provide suitable fencing where necessary for safety or screening
and provide landscaping and such additional buffer areas as may be
required in order to maintain the character and good appearance of
the neighborhood.
10.
No operation shall be permitted or be carried on in such a manner
to endanger life or property or cause or be likely to cause fire,
explosion, radiation and similar hazards or produce objectionable
smoke, heat glare, vibration, or noise irrespective of whether the
same is confined with the property covered under the site plan or
beyond any property lines thereof.
11.
Provide for confinement of all storage of all raw materials, fuels,
finished products, machinery and equipment, including company owned
or operated trucks and motor vehicles that are not within an entire
closed building, to side or rear yards, provided the same are adequately
screened so as not to be visible from the street or from adjoining
residential properties.
12.
The omission of noxious, toxic or corrosive fuels, gases or odors
or the exhaust of waste into air or dust or other substances are hereby
prohibited.
13.
No sewage of any kind or industrial waste shall be discharged into
any lake or stream. All methods of sewage and industrial waste treatment
and disposal shall be in accordance with applicable municipal and
state health regulations.
14.
Sufficient off-street parking space shall be provided, plus aisle
space. The number of spaces should be as required in the Zoning Code.
Preliminary approval of a major subdivision or of a site plan
pursuant to this article shall, except as provided in Subsection D
of this section, 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 layout and design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off tract improvements, and, in the
case of a site plan, any requirements particular to site plan approval
pursuant to § 25-6-10e, Performance standards, of this article,
except that nothing herein shall be constructed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as related 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.
c.
That the applicant may 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 may 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 Subsection
A, B, and C above for such a 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 and
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 dwelling units and nonresidential
floor areas permissible under preliminary approval; and 2) the potential
number of dwelling units and nonresidential floor are of the sections
awaiting final approval; 3) Economic conditions; and 4) the comprehensiveness
of the development, provided that if the design standards have been
revised, such revised standards may govern.
a.
Final approval of site plans and major subdivisions.
1.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval,
the condition of preliminary approval and, in the case of a major
subdivision, the standards prescribed by the "Map Filing Law" P.L.
1960 c. 141 (N.J.A.C. 46:23-9.9 et seq.) provided that in the case
of a planned unit development, planned unit residential development
or residential cluster the Planning Board may permit minimal deviations
from the conditions of preliminary approval necessitated by change
of conditions beyond the control of the developer since the date of
preliminary approval without the developer being required to submit
another application for development for preliminary approval.
2.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer, or within
such further time as may be consented to by the applicant. Failure
of the Planning Board to act within the period prescribed shall constitute
final approval and a certificate of the administrative officer as
to the failure of the Planning Board to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval, herein required and shall
be so accepted by the county recording officer for purposes of filing
subdivision plats.
b.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 P.L. 1968, c. 285 (N.J.A.C. 40:27-6.6),
in the case of a site plan, the municipal planning board shall condition
any approval that it grants upon county planning board or approval
by the county planning board by its failure to report thereon within
the required time period.
a.
The zoning requirements applicable by the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to Section 37 of the Land Use Law whether conditionally or otherwise,
shall not be changed for a period of two years after the date of the
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 time period provided in Section 42 aforesaid,
the Planning Board may extend such period of protection for extension
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this act, the granting of final approval terminates
the time period of preliminary approval pursuant to Section 37 aforesaid
for the section granted final approval.
b.
In the case of a subdivision or site plan for a planned unit development
or planned unit residential development or residential cluster of
50 acres or more or conventional subdivision or site plan for 150
acres or more, the Planning Board may grant the rights referred to
in Subsection A of this section 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.
a.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the county recording officer.
1.
The Planning Board may for good cause shown extend the period for
recording for an additional period not to exceed 190 days from the
date of the signing of the plat.
2.
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the Planning Board as indicated
on the instrument by the signature of the chairman and secretary of
the Planning Board or a certificate has been issued pursuant to Sections
35, 38, 44, 48, 54 or 63 of the Land Use Law. The signatures of the
chairman and secretary of the Planning Board shall not be affixed
until the developer has posted the guarantees required pursuant to
section 41 of the Land Use Law. If the county recording shall be deemed
null and void, and upon request of the municipality, the plat shall
be expunged from the official records.
3.
It shall be the duty of the county recording officer to notify the
Planning Board in writing within seven days of the filing of any plat
identifying such instrument by its title, date of filing and official
number.
a.
The Planning Board when acting upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
for 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 an ordinance adopted pursuant to this article,
if the literal enforcement of one or more provisions of this article
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
b.
The Planning Board when acting upon applications for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of the provisions for site plan review
and approval of an ordinance adopted pursuant to this article, if
the literal enforcement of one or more provisions of this article
is impracticable or will exact undue hardship because of particular
conditions pertaining to the land in question.
c.
The Planning Board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with review for
subdivision approval without the developer being required to make
further application to the Planning Board, whether it be for subdivision
or conditional use, or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
a.
The approving authority shall require, as a condition of final subdivision
or site plan approval, that the developer pay his pro rata share of
the cost of providing only reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefore,
located outside the property limits of the development but necessitated
or required by construction or improvements within such development.
Such contribution for a developer pro rata share shall only be required
where the off-tract improvements are to be constructed pursuant to
provisions of the circulation and comprehensive utility service plans
included in the Borough Master Plan. The developer shall either install
the improvements or contribute his pro rata share of the costs at
the option of the developer. If the developer installs the improvements,
he shall be compensated for all but his pro rata share of the cost
of said improvements.
b.
The developer shall pay the full cost of all off-tract improvements
required by the approving authority if such off-tract improvements
are wholly necessitated by the proposed development and said improvements
do not benefit any land other than those within the subdivision or
site plan.
c.
The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in Subsection e and f hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the subdivision of site plan.
d.
In the event the approving authority shall determine that off-tract
improvements are required in connection with any subdivision or site
plan, then prior to granting final approval:
1.
The approving authority shall report to the Mayor and Council:
2.
The mayor and council shall determine and report to the approving
authority whether and by what date the off-tract improvements will
be constructed by the Borough of Keyport as a general improvement,
or as local improvement, or as a combination thereof; or whether the
developer, at his option may construct the required off-tract improvements
and be reimbursed pursuant to a formula specified by the Mayor and
Council if the improvement specifically benefits property other than
that within the subdivision of site plan.
3.
The approving authority shall require, as a condition of final approval
of the subdivision plat or site plan that:
(a)
If the improvement is to be constructed by the Borough as a
general improvement, the developer shall deposit with the Borough
Treasurer an amount equal to the difference, if any, between the estimated
cost of the improvement and the estimated total amount by which all
properties, including the subdivision or site plan to be serviced
by the improvement, will be specially benefited by the improvement;
or
(b)
If the improvement is to be constructed by the Borough as a
local improvement, the developer shall deposit with the Borough Treasurer,
in addition to the amount specified in paragraph a. above the estimated
amount by which the subdivision or site plan will be specially benefited
by the improvement.
e.
In determining the allocation of costs for off-tract improvements
as between the developer, other property owners and the Borough the
approving authority shall be guided by the following factors:
1.
The total estimated cost of off-tract improvements.
2.
The increase in market value of the properties affected and any other
benefits conferred.
3.
The needs created by the application.
4.
Population and land use projections for the land within the general
area of the subdivision or site plan and other areas to be served
by the off-tract improvements.
5.
The estimated time for construction of the off-tract improvements.
6.
The condition and periods of usefulness of the improvements which
may be based upon the criteria of N.J.S.A. 40A:2-22.
f.
Without limiting the generality of the foregoing the approving authority
may take into account the following specific factors:
1.
With respect to street, curb, gutter, sidewalk, street light, street
sign and traffic light improvements, the approving authority may consider:
2.
With respect to drainage facilities, the approving authority may
consider:
(a)
The relationship between the areas of the subdivision or site
plan and the area of the total drainage basin of which the subdivision
or site plan is a part.
(b)
The proposed use of land within the subdivision of site plan
and the amount of land area to be covered by impervious surfaces on
the land within the subdivision of site plan.
(c)
The land use, condition or status of the remaining land area
in the drainage basin.
3.
With respect to water, gas and electric supply and distribution facilities
the approving authority may consider the use requirements of the use
proposed for the subdivision or site plan and the use requirements
of all other properties to be benefited by the improvements.
4.
With respect to sewerage facilities the approving authority may consider:
(a)
The anticipated volume of effluent from the use proposed for
the subdivision or site plan and the anticipated volume of effluent
from all other properties to be benefited by the improvements.
(b)
The types of effluent anticipated and particular problems requiring
special equipment or added costs.
g.
Any money received by the Borough Treasurer for off-tract improvements
to be constructed or installed by the Borough pursuant to the provisions
of this section shall be deposited in a suitable depository therefore
and shall be used only for the improvements for which they are deposited
or improvements satisfying the same purpose. If construction of improvements
for which the Borough is responsible has not commenced within the
five years from the date of deposit, the amount deposited together
with any interest thereon shall be returned to the developer or his
successor in interest.
h.
Upon completion of any improvement constructed by the Borough as
a general or local improvement, the total cost of such improvement
shall be determined by the ordinance providing for such improvements.
The difference between the actual cost as so determined and the estimated
cost shall be computed. The developer or his successor in interest
shall make remittance to the Borough, if the actual cost exceeds the
estimated cost, or shall receive a refund from the funds deposited
with the Borough if the estimated cost exceeds the actual cost, in
an amount which bears the same relationships to the difference between
the actual and estimated costs as the amount deposited by the developer
for his proportionate share of the estimated cost bears to the total
estimated cost. Any sum payable by the developer or his successor
in interest may be levied and collected by the Borough in the same
manner as is provided by the law for the levy and collection of real
estate taxes.
i.
In the absence of an express provision in a deed or deeds of conveyance,
it shall be presumed that the fee owners of all lots in the subdivision
or site plan at the date any deposit or portion thereof is returned
or additional charge is made pursuant to Subsection H of this section
are the lawful successors in interest to the developer and each such
fee owner shall be charged with or entitled to receive a pro rata
share, based on lot area, or any funds to be returned or additional
charge to be made pursuant to this section. Upon payment of any such
sums to the said fee owners, the Borough shall be released of liability
to any other person.
a.
If, before final approval has been obtained, any person transfers
or sells or agrees to sell, as owner or agent, any land which forms
a part of a subdivision on which, by ordinance, the Planning Board
is required to act, such person shall be subject to a fine not to
exceed $500, or to imprisonment for not more than 90 days, or both,
and each parcel, plot or lot so disposed of shall be deemed a separate
violation.
b.
In addition to the foregoing, if the streets in the subdivision are
not such that a structure on said land in the subdivision would meet
requirements for a building permit under N.J.S.A. 40.55 D-34 the municipality
may institute and maintain a civil action:
1.
For injunctive relief.
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40: 55D-54 but only if the municipality
has a Planning Board or a committee thereof with power to act and
which meets regularly on a monthly or more frequent basis, and whose
governing boy has adopted standards and procedures in accordance with
N.J.S.A. 40:55D-38 and 40 55D-41.
c.
In any such action the transferee purchaser or grantee shall be entitled
to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expenses, and
title-closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer
sale or conveyance of said land, or within six years if unrecorded.
All applicants shall comply with and pay all necessary fees
for permits and/or approvals, as may be required by local, county,
state or federal agencies, including but not limited to:
This article shall take effect upon passage in accordance with
the law.
