A.
Any owner of land within the Township of Hampton may,
prior to subdividing or resubdividing land where such subdivision
is desired to qualify as a minor subdivision, submit an application
for minor subdivision approval to the Secretary of the Planning Board
in accordance with the Land Use Procedures Ordinance of the Township
of Hampton,[1] accompanied by fees and deposits in appropriate amounts
as specified by ordinance.
B.
Review for determining completeness: procedure after
approval.
[Amended 3-25-1980]
(1)
Applications for minor subdivision shall be reviewed
by the Planning Board or the review committee of the Board for the
purpose of determining the completeness of the application. The Planning
Board shall either determine that said application is not complete
and so notify the developer of the deficiencies thereon or shall certify
its completeness within 45 days from the date that said application
was filed with the Township Clerk. If the Planning Board fails to
take action within said period of 45 days, any such application shall
be deemed to be complete.
(2)
If approved as a complete application for a minor
subdivision by unanimous action of the Subdivision Committee, a notation
to that effect will be made on the minor subdivision map, and the
Subdivision Committee shall report its action at the next meeting
of the Planning Board. The final minor subdivision plat will be forwarded
by the subdivider to the Sussex County Planning Board for its consideration.
Proof of said filing shall be furnished to the Planning Board Secretary
prior to the signing of the plats, as hereinafter provided. If, within
30 days after receiving said plat, the Sussex County Planning Board
does not respond to the Secretary of the Hampton Township Planning
Board, said plat shall be deemed to have been approved by said County
Planning Board. Ten copies of a final minor subdivision plat will
then be forwarded by the applicant to the Chairman and the Secretary
of the Planning Board for their signatures, and three signed copies
shall be returned to the applicant within one week following the next
regular meeting of the Planning Board. The plat shall also be signed
by the Township Engineer which shall evidence compliance with all
approved design and improvement standards. No further Planning Board
approval shall be required.
E.
If a plat is not approved as a minor subdivision,
a notation to that effect shall be made on the plat, which plat will
be returned to the subdivider for compliance with the procedures applicable
to major subdivisions as set forth in this chapter.
[Amended 3-25-1980; 7-31-1984]
A.
Material to be submitted; review of application for
completeness.
(1)
Preliminary plats and the supporting documents for
a proposed major subdivision constitute the material to be officially
submitted to the Planning Board. They show the general design of the
subdivision and its public improvements so that the Planning Board
can indicate its approval or disapproval of the subdivision prior
to the time that the final plat, including design and detailing of
the public improvements and utilities, is completed. Approval of the
preliminary plat does not constitute an approval of the final plat,
nor should it be considered a valid basis for the construction of
site improvements or for other commitments which depend upon its design
characteristics.
(2)
All applications for preliminary or final approval
of a major subdivision shall be reviewed by the Planning Board for
the purpose of determining the completeness of the application. The
Planning Board shall either determine that said application is not
complete, and so notify the developer of the deficiencies therein,
or shall certify its completeness within 45 days from the date that
said application was filed with the Township Clerk. If the Planning
Board fails to take action within said period of 45 days, any such
application shall be deemed to be complete. The Planning Board may,
at any time, designate any official or group of officials of the municipality
to review and certify the completeness of applications for development
in lieu of the Board.
B.
Prior to submission of a preliminary plat to the Planning
Board, the developer may submit a tentative plat and such information
as is reasonably necessary to make an informed decision as to whether
the requirements necessary for preliminary approval have been met.
Said plat and other information shall be submitted to the Secretary
of the Planning Board, who shall then forward it to the Subdivision
Committee and the Township Engineer for review. Any other engineering
documents to be submitted shall be required in tentative form for
discussion purposes for preliminary approval. The submission of the
tentative plat will not be considered a formal application, but rather
will serve as a basis for discussion so that the Planning Board may
provide informal guidance to the developer in the preparation of his
application. Neither the developer nor the Planning Board shall be
bound by the review of any tentative plat. No fee shall be charged
to the developer in connection with any such submission or review,
except that if the developer requests a review by township professionals,
he shall pay for the cost thereof in accordance with the provisions
of the Fee Ordinance of the Township of Hampton.[1]
C.
Preliminary plat maps and applications shall be filed
in accordance with the requirements of the Land Use Procedures Ordinance
of Hampton Township[2] together with the required fee therefor. If the applicant
is not the record owner of the title to the property being subdivided,
he shall file a written consent signed by the owner consenting to
the making of the application. The Secretary of the Planning Board
shall forward one copy thereof to the Municipal Clerk. The developer
shall file three copies with the County Planning Board. Proof of said
filing shall be furnished to the Planning Board Secretary. The County
Planning Board shall have 30 days to review and respond. In the absence
of a response within 30 days, the County Planning Board shall be deemed
to have approved the plat.
D.
The applicant shall notify all persons entitled to
notice of the hearing on the application in accordance with the provisions
of the Land Use Procedures Ordinance of Township of Hampton and N.J.S.A.
40:55D-12. If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
already 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, including the giving of notice in accordance with
the provisions of N.J.S.A. 40:55D-12.
E.
Copies.
(1)
Copies of the preliminary plat shall be forwarded
by the Secretary of the Planning Board prior to the hearing to the
following persons:
(a)
Secretary of the County Planning Board.
(b)
Municipal Engineer.
(c)
Secretary of the Board of Health.
(d)
Municipal planning consultant.
(e)
The applicant shall forward, to the Fire Department
serving Hampton Township, a copy of the application and subdivision
maps for which approval is sought, and a copy of the cover letter
to the Fire Department shall be filed with the Clerk of the reviewing
municipal board (the Planning Board). The letter shall request a report
from the Fire Department.
[Amended 4-11-1969[3]; 10-26-2021 by Ord. No. 2021-12]
[3]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection E(1)(e) as Subsection E(1)(f).
(f)
Such other municipal, county or state officials as
directed by the Planning Board.
(2)
If the preliminary plat lies within 200 feet of another
municipal boundary, a copy of the plat shall be sent by the Planning
Board Secretary to the Secretary of the Planning Board of the adjoining
community and a written statement shall be requested from the adjoining
community indicating whether the proposed subdivision of the Township
of Hampton is in reasonable harmony with its plans for development.
The Secretary of the Planning Board of the adjoining community should
be informed of the date of the public hearing, and any communications
received prior to this date will be considered in relation to the
approval or disapproval of the plat.
F.
After the public hearing, the Planning Board shall
take formal action either approving or disapproving the preliminary
plat within the time required by N.J.S.A. 40:55D-48, viz., for a subdivision
of 10 or fewer lots the Planning Board shall grant or deny preliminary
approval within 45 days of the date of the submission, and in the
case of a subdivision of more than 10 lots it 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. If the plat is disapproved, the reasons
for disapproval shall be given to the subdivider.
H.
If the Planning Board acts favorably on a preliminary
plat, the Chairman of the Planning Board shall affix his signature
to the plat with a notation that it has received tentative approval
and is returned to the subdivider for compliance with final approval
requirements.
I.
A copy of the action taken by the Planning Board shall
be forwarded to the Municipal Clerk.
J.
Preliminary approval shall, except as hereinafter
set forth, confer upon the applicant the following rights for a three-year
period from the date of such approval:
(1)
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;
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.
(2)
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.
(3)
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 shall govern.
(4)
In the case of a subdivision for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection J(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the Planning Board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that the design standards shall govern.
A.
Before consideration of a final subdivision plat, the subdivider shall have installed all required improvements as specified in Article VII under the supervision and inspection of the Township Engineer; except that the Planning Board may accept a performance guaranty approved by the Township Attorney in an amount equal to 120% of the estimated cost of the improvement, of which 10% of the total amount shall be in cash or a certified check for the later installation of the following improvements only:
[Amended 6-22-2010 by Ord. No. 2010-02]
B.
The amount of the performance guaranty may be reduced
or released in accordance with the provisions of N.J.S.A. 40:55D-53.
C.
Performance guaranties. The reviewing Municipal Board may require the applicant to post a performance guaranty as a condition of preliminary approval or final approval of a subdivision in accordance with § 15-38.4 of the Land Use Procedures Ordinance of the Township of Hampton and in accordance with N.J.S.A. 40:55D-53.
[Added 7-31-1984; amended 8-26-1986]
D.
Obligation of developer to remove snow and ice from
subdivision streets. The applicant shall furnish the following as
a condition of preliminary subdivision approval:
[Added 6-28-1994]
(1)
A letter from the applicant agreeing to remove all
snow and ice from any street in said development upon which a residence
has been constructed within eight hours of daylight after the same
shall fall or be formed thereon as a continuing obligation until such
time as any such street or streets have been accepted by the Township
of Hampton.
(2)
The applicant shall post a performance guaranty in
a form acceptable to the Township Committee, either a letter of credit,
a performance bond or, if the applicant chooses, cash in the amount
of $1,000 guaranteeing the applicant's obligation to remove snow and
ice from new streets in the subdivision prior to their acceptance
as township streets by the Township Committee as set forth in the
preceding subsection. If the applicant fails to remove the snow and
ice as aforesaid, the township may remove the snow and ice and charge
the applicant or the performance guaranty for the cost thereof.
E.
The developer
of a subdivision shall install the final surface course of the street
pavement and all drainage improvements with respect to a new subdivision
street prior to the developer/subdivider obtaining the signatures
of the Planning Board Chairman, Secretary and Township Engineer on
the final subdivision map and prior to the developer/subdivider selling
the lots in the subdivision and prior to the Township Construction
Official issuing any building permits for the construction of dwellings
or other structures within the subdivision.
[Added 6-22-2010 by Ord. No. 2010-02]
F.
Prior to
construction of a building on any lot, including without limitation
a single-family residential dwelling, the contractor or lot owner
constructing the building or dwelling must obtain liability insurance
in a minimum amount of $500,000 with the Township of Hampton as an
additional insured. He shall file an insurance certificate evidencing
said insurance in place together with a receipt for the paid premium
with the Township Clerk prior to the issuance of a building permit
for any building or dwelling within the subdivision.
[Added 6-22-2010 by Ord. No. 2010-02]
G.
In the event
that a Township street is damaged during the construction of a building,
including without limitation a residential dwelling, within the subdivision,
no certificate of occupancy for the building or dwelling shall be
issued until the lot owner and/or contractor repairs the street to
the satisfaction of the Township Engineer and Construction Official.
In the event that the street is damaged during construction, the contractor
or lot owner building the building or residential dwelling shall reimburse
the Township for all costs incurred in the procurement of the repairs
to the street, including without limitation, attorneys fees, engineering
fees and other costs incurred by the Township.
[Added 6-22-2010 by Ord. No. 2010-02]
[Added 11-27-1984]
A.
The reviewing Municipal Board may require the applicant
to submit an environmental impact statement in accordance with the
requirements of the Hampton Township ordinances if, in the opinion
of the reviewing Municipal Board, the information contained in the
environmental impact statement is required in order to make a decision
on the application.
A.
B.
The original tracing, one translucent tracing, two
cloth prints, 14 black- or blue-on-white prints and 14 copies of the
completed application shall be submitted to the Secretary.
C.
The application shall be accompanied by fees and deposits
in appropriate amounts as specified in this chapter.
E.
Letters required prior to the final approval. Prior
to final approval, the Planning Board shall have received the following:
(1)
A letter containing a list of all items to be covered
by a performance guaranty (cash or certified check), the quantities
of each item, the cost of each of them and the total amount of all
items.
(2)
A letter from the Township Engineer stating that the
required improvements have been installed to his satisfaction and
in accordance with applicable township specifications and that the
performance guaranty is adequate to cover the cost of remaining improvements.
(3)
A letter from the applicant's engineer stating that
the final plat conforms to the preliminary plat as submitted and approved.
F.
The applicant shall file with the Clerk of the reviewing
municipal board (the Planning Board) two copies of the subdivision
plat reduced to the current scale of the Official Hampton Township
Tax Map encompassing the area of the subdivision or, in the alternative,
reduced to a scale chosen by the Township Engineer. The applicant
shall pay to the Township of Hampton the cost of transferring the
data on the final map, including, without limitation, lot lines, easements
to public bodies and conveyances for road purposes. A deposit for
this cost shall be made with the Clerk of the reviewing municipal
board in the amount of $500.
[Amended 4-11-1989; 10-26-2021 by Ord. No. 2021-12]
G.
Distribution of copies. After final approval, one
translucent tracing and one cloth print shall be filed with the Municipal
Clerk. The original tracing and one cloth print shall be returned
to the applicant. Copies of the final plat shall also be filed with
the Planning Board and with the following:
H.
Filing. Within 95 days of final approval, the final
plat shall be filed by the subdivider with the county recording officer
in accordance with the provisions of N.J.S.A. 40:55D-54. For good
and sufficient reasons, the Planning Board may extend the time for
filing for an additional period not to exceed 190 days from the date
of signing of the plat.
I.
No plat shall be offered for filing to the county
recording officer unless it has been duly approved by the Township
Planning Board and signed by the Chairman, Secretary and Township
Engineer.
