A.
Sketch plats shall be filed with the Borough Clerk
at least 30 days prior to the regular meeting of the Planning Board.
The applicant shall submit eight copies of the sketch plat and three
copies of the application to the Borough Clerk.
B.
The Borough Clerk shall forward the application to
the Secretary of the Planning Board within five working days of submission.
The Planning Board shall classify the application. If classified as
a minor subdivision, the minor subdivision shall be approved 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. Failure of the Planning Board to
act within the period prescribed shall constitute minor subdivision
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 as herein required and shall be so accepted
by the county recording officer for purposes of filing subdivision
plats.
C.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), the Municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or upon approval by
the County Planning Board by its failure to report thereon within
the required time period.
D.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly
describing the approved minor subdivision is filed by the developer
with the county recording officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the Chair and Secretary of the Planning
Board.
E.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided in this section.
F.
Before the Secretary of the Planning Board returns
any approved sketches to the subdivider, the subdivider shall have
sufficient copies made to furnish one copy to each of the following:
A.
At least eight black-on-white prints of the preliminary
plat map, together with three completed application forms for tentative
approval, shall be submitted by the owner properly signed as being
the person or subdivider seeking approval or by his/her agent acting
for and with the consent of the owner to the Borough Clerk 30 days
prior to the Planning Board meeting at which consideration is desired.
The Borough Clerk shall immediately notify the Secretary of the Planning
Board upon the receipt of a preliminary plat.
B.
The applicant shall submit to the Borough Clerk a plat and such other information as is required in Article IV of this chapter. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
C.
If the Planning Board requires 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. The Planning Board shall, if the proposed subdivision
complies with this chapter, grant preliminary approval to the subdivision.
D.
Upon the submission to the Borough Clerk of a complete
application for a subdivision of 10 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 the submission of a complete application
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 to the subdivision.
E.
Whenever a hearing is required on an application for
development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall
give notice thereof as follows:
(1)
Public notice shall be given by publication by the
applicant in the official newspaper of the municipality.
(2)
Notice shall be given to the owners of all real property
as shown on the current tax duplicate or duplicates located within
200 feet in all directions of the property which is the subject of
such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by serving a copy thereof on the owner as shown on said current tax
duplicate or his/her agent in charge of the property or by mailing
a copy thereof by certified mail to the property owner at his/her
address as shown on said current tax duplicate. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its president, a vice president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation.
(3)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(4)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situate within 200 feet of a municipal
boundary.
(5)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
in the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10b.
(7)
All notices hereinabove specified in this section
shall be given at least 10 days prior to the date fixed for hearing,
and the applicant shall file an affidavit of proof of service with
the Board holding the hearing on the application for development.
(8)
Any notice made by certified mail as hereinabove required
shall be deemed to be complete upon mailing in accordance with the
provisions of N.J.S.A. 40:55D-14.
(9)
All notices required to be given pursuant to the terms
of this chapter shall state the date, time and place of the hearing,
the nature of the matters to be considered and identification of the
property proposed for development by street address, if any, or by
reference to lot and block numbers as shown on the current tax duplicate
in the Municipal Tax Assessor's office and the location and times
at which any maps and documents for which approval is sought are available
as required by law.
(10)
Pursuant to the provisions of N.J.S.A. 40:55D-12,
the Borough Tax Collector shall, within seven days after receipt of
a request therefor and upon receipt of payment of a fee of $10, make
and certify a list from the current tax duplicate of names and addresses
of owners to whom the applicant is required to give notice pursuant
to the provisions of this chapter.
F.
Whenever the Planning Board is called upon to exercise
its ancillary powers as set forth in N.J.S.A. 40:55D-60, the Planning
Board shall grant or deny approval of the application within 95 days
after submission by the applicant of a complete application 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
approval of the application, 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 required by
P.L. 1975, c. 291, and shall be so accepted by the county recording
officer for purposes of filing subdivision plats.
H.
If the Planning Board acts favorably on a preliminary
plat, a notation to that effect shall be made on the plat.
Preliminary approval of a major subdivision
pursuant to this chapter or except as provided in N.J.S.A. 40:55D-49d
shall 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 dimension and off-tract improvements;
and, in the case of a site plan, any requirements peculiar to site
plan approval; except that nothing herein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as relate to public health and
safety.
B.
That the applicant shall 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 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.
No occupancy permit shall be issued until a
finished road base has been installed pursuant to Borough specifications
and until all other improvements and conditions as may be required
by the Planning Board, this chapter and the Building and Plumbing
Codes have been properly complied with and approved. All such improvements
shall be certified in writing by the Borough Engineer or other designated
administrative office prior to the issuance of such certificate of
occupancy.
A.
Application for final approval of a subdivision plat
shall be made to the Borough Clerk at least 14 days prior to the Planning
Board meeting. At the time of filing, the applicant shall submit eight
black-on-white prints and two copies of the application form.
B.
The Borough Clerk shall immediately notify the Secretary
of the Planning Board upon receipt of a final plat. The Planning Board
shall act upon the final plat within 45 days after the date of submission
for final approval to the Borough Clerk 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.
C.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, the Municipal
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or upon approval by the County Planning Board by its failure
to report thereon within the required time period.
D.
The eight black-on-white prints and two copies of
the application form for final approval shall be submitted to the
Secretary of the Planning Board at least 30 days prior to the date
of the regular Planning Board meeting. Unless the preliminary plat
is approved without changes, the final plat shall have incorporated
all changes or modifications by the Planning Board.
E.
The final plat shall be accompanied by a statement
by the Borough Engineer that he/she is in receipt of a map showing
all utilities or extensions thereof in exact location and elevation,
identifying those portions already installed and those to be installed,
and that the subdivider has complied with one or both of the following:
F.
If the Planning Board approves the final plat, a notation
to that effect shall be made on each plat and shall be signed by the
Chair and Secretary of the Planning Board.
G.
Failure of the Planning Board to act within the allotted
time or a mutually agreed upon extension shall be deemed to be an
approval, and the Secretary of the Planning Board shall issue a certificate
to that effect.
I.
The final plat, after final approval, shall be filed
by the subdivider with the county recording officer within 95 days
from the date of such approval. If any final plat is not filed within
this period, the approval shall expire. The Planning Board may, for
good cause, extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat.
J.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the Planning
Board of the Borough of Lavallette and signed by the Chair and Secretary
of the Planning Board.
Fees shall be as follows:
When acting upon applications for preliminary
or minor subdivision approval, the Planning Board 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 if the literal enforcement of
one or more provisions of this chapter is impracticable or will produce
undue hardship because of peculiar conditions pertaining to the land
in question.
