Inspection of actual construction under any
approved subdivision plat shall be the sole responsibility of the
City, which may undertake any reasonable measures to provide adequate
inspection of all projects.
No lot in a subdivision may be sold nor a building
permit issued unless the subdivision has been approved by the Planning
Board and recorded by the County Recording Officer.
A.
Chapter 370, Zoning. It is the intent of this chapter that regulations contained herein conform to the applicable provisions of Chapter 370, Zoning. If in effect there is no Zoning Ordinance as in the case of the courts of the State of New Jersey invalidating the Zoning Ordinance or an article, section or subsection thereof or the annexation to City of lands adjacent to it, this chapter shall be amended to include such standards and regulations as deemed necessary by the Planning Board and City Council to assure that development within the City shall conform to the duly adopted Master Plan.
B.
Master Plan and Official Map. Where the Master Plan
or the Official Map provides for the reservation of designated streets,
public drainageways, flood control basins, and public areas within
the proposed subdivision, before approving a subdivision, the Planning
Board may further require that such streets, ways, basins or areas
be shown on the plat in locations and sizes suitable to their intended
uses.
(1)
The Planning Board may reserve the location and extent
of such streets, ways, basins or areas shown on the 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.
(a)
Unless during such period or extension thereof
the City shall have entered into a contract to purchase or institute
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.
(b)
This provision shall not apply to the streets
and roads, flood control basins or public drainageways necessitated
by the subdivision or development and required for final approval
of any plat.
(2)
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, just compensation shall be deemed
to be the fair market value of an option to purchase the land in question
for the period of reservation. Where the land in question or an interest
therein is acquired for public use, the developer shall be compensated
for the fair market value of the land or interest therein, so taken
or acquired, and for the reasonable cost of engineering services incurred
in connection with obtaining subdivision approval as to such land.
C.
State, county and/or regional development agency standards.
(1)
Where there are state regulations governing development in critical or floodplain areas and such regulations provide stricter standards than this chapter or Chapter 370, Zoning; and/or where the critical or floodplain area is more extensive than shown on the City of Bridgeton Zoning Map, the state regulations shall apply as though they were duly adopted and contained herein.
(2)
Where state or county agencies or departments or a
regional development agency provide stricter regulations for water,
sewerage, road or other improvements than this chapter, such regulations
or requirements shall apply as though they were duly adopted and contained
herein.
(3)
Standards established by the Public Utility Commission
for utilities under its jurisdiction shall apply except where standards,
regulations and requirements of this chapter are stricter; then, such
regulations contained herein shall apply.
D.
Condominium, cooperative apartments and horizontal
property regime acts.
(1)
This chapter and all development regulations pursuant
thereto shall be construed and applied with reference to the nature
and use of the condominium and cooperative apartment without regard
to the form of ownership.
(2)
No development regulation or requirement contained
herein concerning the use, location, placement or construction of
buildings or other improvements for condominiums or cooperative apartments
that is not equally applicable to all buildings and improvements of
the same kind not now or thereafter under the condominium or cooperative
apartment corporate form of ownership shall be required.
(3)
No approval pursuant to this chapter shall be required
as a condition precedent to the recording of a condominium master
deed or the sale of any unit therein except as shall also be required
for the use or development of the lands described in the master deed
in the same manner had such lands not been under the condominium form
of ownership.
A.
Contribution for off-site water, sewer, drainage and
street improvements. The City Council may, by ordinance, adopt regulations
requiring a developer, as a condition for approval of a subdivision,
to pay his pro rata share of the cost of providing only reasonable
and necessary street improvements and water sewerage and drainage
facilities, and easements thereof, located outside the property limits
of the subdivision but necessitated or required by construction or
improvements within such subdivision.
(1)
Such regulations shall be based on circulation and
comprehensive utility service plans as indicated by the Master Plan
and the Official Map; and shall establish fair and reasonable standards
to determine the proportionate or pro rata amount of the cost of such
facilities that shall be borne by each developer within a related
and common area, which standards shall not be altered subsequent to
preliminary plat approval.
(2)
Where a developer pays the amount determined as his
pro rata share under protest, he shall institute legal action within
one year of such payment in order to preserve the right to a judicial
determination as to the fairness and reasonableness of such amount.
B.
Open space organization. Where, pursuant to § 311-27C of this chapter, required open space is not dedicated to the City, an easement is not provided or deed restrictions are not imposed on individual lots, the Planning Board may require that an open space organization be established for the ownership and maintenance of any open space for the benefit of the residents of the development.
(1)
Such organization shall enter into an agreement with
City Council, which agreement shall be in a form and contain provisions
acceptable to the City Council, except that such agreement shall include
the following provisions:
(a)
Such organization shall not be dissolved and
shall not dispose of any open space, by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space for the benefit of such development, and thereafter such
organization shall not be dissolved or dispose of any of its open
space without first offering to dedicate the same to the City.
(b)
In the event that such organization shall fail
to maintain the open space in reasonable order and condition, the
Planning Board may serve written notice upon such organization or
upon the residents and owners of the development setting forth the
manner in which the organization has failed to maintain the open space
in reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within 30 days thereof,
and shall state the date and place of a hearing thereon which shall
be held within 15 days of the notice.
[1]
At such hearing, the Planning Board may modify
the terms of the original notice as to deficiencies and may give a
reasonable extension of time, not to exceed 60 days, within which
they shall be cured.
[2]
If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within said
30 days or any permitted extension thereof, the City, in order to
preserve the open space and maintain the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space except
when the same is voluntarily dedicated to the public by the residents
and owners.
[3]
Before the expiration of said year, the Planning
Board shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the open space, call
a public hearing upon 15 days' written notice to such organization
and to the residents and owners of the development, to be held by
the Planning Board, at which hearing such organization and the residents
and owners of the development shall show cause why such maintenance
by the City shall not, at the election of City Council, continue for
a succeeding year.
[4]
If the Planning Board shall determine that such
organization is ready and able to maintain such open space in reasonable
condition, the municipality shall cease to maintain said open space
at the end of said year.
[5]
If the Planning Board shall determine such organization
is not ready and able to maintain said open space in a reasonable
condition, City Council may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter.
[6]
The decision of the Planning Board in any such
case shall constitute final administrative decision subject to judicial
review.
(c)
The cost of such maintenance by the City shall
be assessed ratably against the properties within the development
that have a right of enjoyment of the open space and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
C.
Phased development completion. The subdivider or developer
may submit a final plat which proposes construction over a period
of years contingent upon approval by the Planning Board and upon written
agreement with City Council. Such agreement shall:
(1)
Be in a form acceptable to the City Solicitor.
(2)
Be accompanied by both performance and maintenance
guarantees in the form prescribed by the City Solicitor.
(a)
Guarantees provided for the first and subsequent
phases shall be in force until the completion of the final phase and
for as long thereafter as agreed upon by the developer and City Council.
(b)
No street or other improvement will be accepted
by the City for dedication until after completion of the final phase.
(3)
Include a complete schedule of all work to be accomplished
during each phase.
(4)
Include clauses which will ensure the protection of
the interests of the public and of the residents and owners of the
proposed development in the total completion of the development.
A.
Deviation from final development plan. The subdivision
or land development shall be developed in substantial accordance with
the final plat; provided that the Planning Board, after public hearing,
may permit a deviation from the final plat if caused by substantial
change of conditions beyond the control of the developer since the
date of final approval, and the deviation would not substantially
alter the character of the development or substantially impair the
intent and purpose of the Master Plan and Zoning Ordinance.
B.
Planned developments. The Planning Board may accept
and review tentative and final development plans for planned unit
developments, planned unit residential developments, residential cluster
developments, planned commercial developments and planned industrial
developments in lieu of the subdivision plats and other plans, information
and documentation required by this chapter.
(1)
Prior to submittal of a tentative plan for a planned development for Planning Board approval, the developer shall request a preapplication consultation with the Planning Board and shall conform to the requirements of § 311-6 of this chapter.
(a)
At the preapplication consultation, the Planning Board shall advise the developer as to the manner in which the provisions for planned developments specified in Chapter 370, Zoning, differ from the standards otherwise applicable to subdivision as prescribed by this chapter.
(b)
At the preapplication consultation, the developer
shall present sufficient plans and details for the Planning Board
to determine that a planned development would be a more appropriate
type of development for the site than a standard subdivision.
(2)
Approval of a tentative plan for a planned development
shall have the same force and effect as the approval of a preliminary
plat for a standard subdivision and shall confer on the developer
the same rights.
(3)
Approval of a final development plan for a planned
development shall have the same force and effect as the approval of
a final plat for a standard subdivision, and shall confer on the developer
the same rights, and shall be the instrument of filing of record with
the County Recording Officer.
(4)
Prior to approval of such planned developments, the
Planning Board shall find the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards set forth in Chapter 370, Zoning;
(b)
That the proposals for maintenance and conservation
of the common open space, and the adequacy of the amount, location
and purpose of the common open space, are reliable and adequate;
(c)
That provision through the physical design of
the proposed development adequately provides for public services,
control over vehicular and pedestrian traffic, and the amenities of
light and air, recreation and visual enjoyment are adequate;
(d)
That the proposed planned development will not
have an unreasonably adverse effect or input upon the area in which
it is proposed to be established; and
(e)
In the case of a proposed development which
proposes construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents
and owners of the proposed development in the total completion of
the development are adequate.
C.
Exemption of certain facilities of public utilities.
This chapter or regulation made under authority thereof shall not
apply to land or structures used or to be used by public utilities
in furnishing light, heat, power or communication service if, upon
a petition of the public utility, the Board of Public Utility Commissioners,
after a public hearing, decides that the present or proposed situation
of the proposed use of the land or structures in question is reasonably
necessary for the service, convenience or welfare of the public and
conforms insofar as possible with the state development plan and County
and City Master Plans.
(1)
The City, the County Planning Board and the Division of State and Regional Planning shall have personal notice of such hearing as provided in § 311-43 of this chapter and shall be afforded the opportunity to be heard at such hearing.
(2)
If a party in interest is aggrieved by the action
of a City, county or state agency through said agency's exercise of
its powers under this chapter with respect to any action in which
the public utility has an interest, an appeal to the Board of State
Public Utility Commissioners of the State of New Jersey may be taken
within 30 days after such action without appeal to the City Council
pursuant to this chapter unless the party in interest so chooses.
(a)
In such case appeal to the Public Utility Commissioners
may be taken within 30 days after action by the City Council.
(3)
A hearing on the appeal of a public utility to the
Public Utility Commissioners shall be had on notice to the agency
from which the appeal is taken and to all parties primarily concerned,
all of whom shall be afforded an opportunity to be heard.
(4)
If, after such hearing, the Board of Public Utility
Commissioners shall find that the present or proposed use by the public
utility of the land described in the petition is necessary for the
service, convenience or welfare of the public, the public utility
may proceed in accordance with such decision of the Board of Public
Utility Commissioners, any regulation made under the authority of
this chapter notwithstanding.
(5)
Nothing in this chapter shall be construed to restrict
the right of any interested person to obtain a review of the action
of the Planning Board or of the Board of Public Utility Commissioners
by any court of competent jurisdiction according to law.
A.
The Planning Board, when reviewing applications for
preliminary or final approval, shall have the power:
(1)
To grant such exceptions from the requirements of
this chapter as may be reasonable and within the general purpose and
intent of the provisions 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;
(2)
To grant a variance for one lot per subdivision from the applicable lot area and dimensional requirements of Chapter 370, Zoning, as may be reasonable and within the general purpose and intent of such requirements if their literal enforcement is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question without the developer being required to make further application to the Board of Adjustment;
(3)
To grant variances from the requirements of Chapter 370, Zoning, to the same extent and with the same power as the Board of Adjustment except for lot area and lot dimensional requirements without the developers being required to make further application to the Board of Adjustment;
(4)
To grant a permit for a building in the bed of a mapped
street or public drainageway to the same extent and with the same
power as the Board of Adjustment without the developer being required
to make further application to the Board of Adjustment; and
(5)
To review conditional uses or site plans simultaneously
with review for plat approval without the developer being requested
to make further application to the Planning Board, or the Planning
Board being required to hold further hearings.
B.
If a variance permit for a building or conditional
use is requested by the developer pursuant to this section, notice
of the hearing on the plat shall include reference to the application
for the variance, use permit or conditional use.
A.
If, before favorable referral and final approval have
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 $1,000, and each parcel, plot or
lot so disposed of shall be deemed a separate violation.
B.
Civil actions.
(1)
In addition to the foregoing, if the streets and other
improvements in the subdivision are not such that a structure on said
land in the subdivision would meet requirements for a building permit
under existing City ordinances, the City may institute and maintain
a civil action:
(2)
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
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
or transfer, sale or conveyance of said land, or within six years
if unrecorded.
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 three years preceding the
effective date of this chapter, may apply in writing to the Municipal
Clerk of the City of Bridgeton for the issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board or City Council.
[Amended 9-19-2017 by Ord. No. 17-20]
(1)
Such application shall contain a diagram showing the
location and dimension of the land to be covered by the certificate
and the name of the owner thereof.
B.
The Municipal Clerk shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor.
[Amended 9-19-2017 by Ord. No. 17-20]
(1)
Said 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 designed a "certificate
as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in the City of Bridgeton a duly
established Planning Board and whether there is an ordinance controlling
subdivision of land;
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board,
and, if so, the date of such approval and any extensions and terms
thereof, showing that subdivision of which the lands are a part is
a validly existing subdivision.
D.
The Municipal Clerk 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.A. 54:5-14 and 54:5-15.
[Amended 9-19-2017 by Ord. No. 17-20]
(1)
The fees so collected by such official shall be paid
by him to the City.
E.
Right of owner of land covered by certificate.
(1)
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the City pursuant to the provisions of § 311-42 of this chapter.
(2)
If the Municipal Clerk fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the City pursuant to § 311-42 of this chapter.
[Amended 9-19-2017 by Ord. No. 17-20]
A.
The Planning Board shall hold a public hearing with
public notice on each application for development governed by the
regulations and requirements of this chapter, on any amendment to
this chapter, and on any development regulation which may supplement
this chapter except:
B.
If a variance permit for a building, a variance from a provision of Chapter 370, Zoning, or a conditional use is requested by the developer, pursuant to § 311-40 of this chapter, as part of the application for subdivision or land development, notice of hearing on the plat shall include reference to such variance or conditional use.
C.
The Planning Board shall make the rules governing
such hearings. Any maps and documents for which approval is sought
at a hearing shall be on file and available for public inspection
at least 10 days in advance of the hearing during normal business
hours in the office of the Municipal Clerk. The applicant may produce
other documents, records, or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
[Amended 9-19-2017 by Ord. No. 17-20]
D.
The officer presiding at the hearing or such person
as he may designate shall have power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
E.
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
F.
Technical rules of evidence shall not be applicable
to the hearing, but the Planning Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
G.
The Planning Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means.
(1)
The Planning Board shall furnish a transcript on request
to any person at his expense.
H.
Each decision on any application for development shall
be in writing and shall include findings of facts and conclusions
based thereon.
I.
Copies of the decision shall be mailed within 10 days
of the date of decision to the applicant or if represented then to
his attorney, without separate charge, and to all who request same
for a reasonable fee.
(1)
A copy of the decision shall be filed by the Planning
Board in the office of the Municipal Clerk or as otherwise provided
herein.
[Amended 9-19-2017 by Ord. No. 17-20]
(2)
The Planning Board shall make a copy of its decision
available to members of the public for a reasonable fee and available
for public inspection at its office during reasonable hours.
J.
Notices of hearings by the Planning Board held pursuant to this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and, if the matter involves particular property or properties, an identification thereof by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the City Tax Assessor's or Collector's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection C.
(1)
The City shall, or the applicant may in lieu thereof,
give public notice of a hearing by publication in the official newspaper
of the City, or in a newspaper of general circulation in the City,
not less than 10 nor more than 30 days prior to the date fixed for
the hearing.
(2)
The City shall, or the applicant may in lieu thereof,
give personal notice of all hearings on an application for development
to the owners of all real property as shown on the said current tax
duplicate located within 200 feet in all directions of subject property
located within and without the City, not less than 10 nor more than
30 days prior to the date fixed for the hearing.
(a)
Personal notice shall be given by:
[1]
Serving a copy thereof on the property owner
as shown on the said current tax duplicate, or his agent in charge
of the property;
[2]
Leaving a copy thereof at the usual place of
abode of the owner or his agent in charge of the property with a person
of suitable age or discretion; or
[3]
Mailing a copy thereof by certified or registered
mail to the property owner at his address as shown on the said current
tax duplicate.
(b)
Personal notice to a partnership owner may be
made by service upon any partner.
(c)
Personal notice to a corporate owner may be
made by service upon its president, a vice president, secretary or
other person authorized to accept service on behalf of the corporation.
(d)
Upon the written request of an applicant, the
administrative officer of a municipality shall, within seven days,
make and certify a list from said current tax duplicates of persons
to whom the applicant is required to give personal notice. The applicant
shall be entitled to rely upon the information contained in such list.
(3)
Notice of all hearings on adoption of amendment to
or of a development regulation affecting this chapter or on applications
for development involving property location within 200 feet of an
adjoining municipality shall be given to the municipal clerk of the
adjoining municipality, sending notice thereof by certified or registered
mail not less than 10 nor more than 30 days prior to the date fixed
for the hearing.
(4)
Notice shall be given to the Division of State and
Regional Planning of all hearings on an application for development
of property, any part of which is located within an area designated
on an official state map pursuant to Section 101 of the Community
Planning Law or as a critical area pursuant to Section 104 of the
Community Planning Law, or which exceeds 150 acres or 500 dwelling
units, by sending the Division notice thereof by certified or registered
mail not less than 20 nor more than 40 days prior to the date fixed
for the hearing.
(5)
Notice shall be given to the County Planning Board
when:
(a)
The development under hearing affects lands
adjoining county roads or other county lands, or lands lying within
200 feet of the City boundary or proposed facilities or public lands
shown on the Cumberland County Master Plan or Official County Map.
(b)
An amendment to this chapter or a development
regulation which will affect this chapter is proposed.
(6)
Such notice shall be given to the County Planning
Board at least 10 days prior to the public hearing thereon by personal
delivery or registered mail of a copy of the official notice of public
hearing.
(a)
In the case of an amendment to or the adoption
of a development ordinance or regulation affecting this chapter, five
copies of the same shall be delivered with said notice, and such amendment
or ordinance or regulation shall not be effective until five copies
thereof have been filed with the County Planning Board.
