The Township Committee shall designate an inspection to enforce the provisions of this chapter. Inspection of actual construction under any approved subdivision plat shall be the sole responsibility of the Township, which may undertake any reasonable measures to provide adequate inspection of all projects.
No lot in a subdivision may be sold unless the subdivision has been approved by the Planning Board and recorded by the County Recording Officer. No building permit may be issued for a lot that has not be properly subdivided. Applicants' attention is called to the fact that subdivision approval is not the sole approval necessary for the issuance of a building permit. Compliance by the applicant with the requirements of Chapter 225, Zoning, Chapter 123, Floodplain Management, historic site, district or zone protection when applicable, and other applicable ordinances may or will be necessary. Approval from any of the Township's boards or agencies under this chapter in no way connotes approval or waiver of the Township's right or the applicant's duty under any other ordinance of the Township of Harrison. Subdivision, by definition, deals with the division of lands, perhaps as a part of but not necessarily with the construction of buildings, and approval by this Board under this chapter can no way be deemed or shall be deemed prejudicial of this Board or any other board or agency or body of the Township as to the right of review under other ordinances.
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 the penalties provided by N.J.S.A. 40:55D-55, and each parcel, plot or lot so disposed of shall be deemed a separate violation. 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, the Township may institute and maintain a civil action:
[Amended 12-6-2004 by Ord. No. 40-2004]
(1) 
For injunctive relief;
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953.
B. 
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 to transfer, sell or convey said land or within six years if unrecorded.
[Amended 12-27-1984 by Ord. No. 8-1982; 9-7-1982 by Ord. No. 3-1982]
A. 
Payment of fees.
(1) 
The following schedule of fees, which shall be paid by check only, shall be required for all applications and other matters pertaining to this chapter. No action shall be taken by the Planning Board until all applicable fees have been paid. The schedule of fees shall be posted in the office of the Township Clerk, and such other place or places as the Planning Board shall direct.
(2) 
All fees shall have been paid in full, including any escrow deposits which may be required, before final approval shall be transmitted by the Planning Board to any applicant. No building permit shall be issued by the Township of Harrison until all such fees and escrow shall have been paid in full.
(3) 
The Planning Board shall receive all vouchers for all services relating to any application, including professional services, and shall recommend approval or rejection of such vouchers prior to the submission to the Township Committee and payment therefor to any vendor.
(4) 
Minor subdivisions submitted to the Planning Board of Harrison Township shall be filed and all fees paid not less than 10 days prior to any hearing date for such application.
(5) 
Major subdivisions submitted to the Planning Board of Harrison Township shall be filed and all fees paid not less than 30 days prior to any hearing date for such application.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Preliminary plat fees, has been superseded. See now Ch. 110, Fees, Art. I, Development Fees.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, Final plat fees, has been superseded. See now Ch. 110, Fees, Art. I, Development Fees.
D. 
Minor subdivision.
[Added 5-18-1992 by Ord. No. 7-1992]
(1) 
Every application for a minor subdivision in the Township of Harrison shall be accompanied by separate checks payable to the Township of Harrison in accordance with the following schedule: application charge of $250, and $1,500 for the escrow account.
[Amended 10-15-2007 by Ord. No. 50-2007; 9-5-2023 by Ord. No. 17-2023]
(2) 
The application charge for a minor subdivision only is a flat fee to cover administrative expenses. The escrow account is established to cover the costs of professional services, including engineering, planning, legal and such other expenses associated with the review of submitted materials. Sums not utilized in the review process shall be returned to the applicant upon completion of the application. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow fund within 15 days of such notice. In the event, however, that an applicant fails to provide such additional sums as may be necessary the application shall be deemed incomplete, and no further action shall be taken by the Harrison Township Planning Board until such time as the escrow account has been satisfied. Due notice of any deficiency in the escrow account will be given by regular mail to the applicant at the address indicated on the planning application.
(3) 
Where an application for development includes several approval requests, the sum of the individual required fees shall be paid.
(4) 
Each applicant for a minor subdivision shall agree to pay all reasonable costs for professional review of the application and for inspection of any improvements which may be required. All such costs for review and inspection must be paid before any approved plat, plan, or deed is signed or any construction permit is issued which may be based upon the application, and all remaining costs must be paid in full before any occupancy of the premises is permitted or a certificate of occupancy issued.
E. 
[3]Review fees (escrow) deposit.
[Added 6-5-1995 by Ord. No. 8-1995]
(1) 
Whenever a review fee is required by the Planning Board or the Zoning Board of Adjustment of Harrison Township, the developer shall deposit in accordance with LS Section 7 04.3.3 a sum of money which the Municipal Treasurer shall, in turn, deposit in a separate escrow account and carry under the municipality's trust fund section of accounts on the books of the municipality as a review fee escrow fund. The amount of money so deposited, exclusive of all other fees, shall be as follows:
[Amended 11-8-1995 by Ord. No. 28-1995; 9-5-2023 by Ord. No. 17-2023]
(a) 
For major subdivisions, at preliminary application and again at final application: the sum of $500 per lot for the first 10 lots and $300 per lot for each additional lot after the first 10. At the time of final approval any amounts remaining on deposit after the preliminary application review fees have been paid shall be credited to the deposit for the final approval review fee deposit.
(b) 
For site plan review: $1,500 per acre or part thereof, plus $400 for each additional acre or part thereof.
(c) 
For applications before the Zoning Board of Adjustment: for any bulk variance, $1,200; for a use variance, $2,200; any other kind of variance over which the Zoning Board of Adjustment shall have jurisdiction is $1,500.
(2) 
Such fund shall be used to pay the fees of any professional or technical personnel retained or employed by the Township Planning Board or Zoning Board of Adjustment or Township Committee to assist in processing the subject application which shall include but not necessarily be limited to the Solicitor to the Board or agency, the engineer for the Board or agency, the land planner for the Board or agency, the Township Solicitor as may be required to act pursuant to ordinance, and such other personnel which may be necessary to be consulted in the event an application shall require special consideration and/or review.
(3) 
Whenever a review fee shall be required the developer or applicant, together with the Planning Board or Zoning Board of Adjustment, shall execute an agreement, in writing, with copies for each party providing the following as to escrow agreements:
(a) 
The agreement shall be signed by the developer and the appropriate Board at the time of the application.
(b) 
The subject matter of the application shall be specifically identified by lot and block designation as found on the Tax Map of Harrison Township.
(c) 
The full name of the applicant with applicant's address, telephone number and fax number shall be included.
(d) 
The purpose for the escrow shall be defined in accordance with the application.
(e) 
The agreement shall provide the developer's responsibility to maintain an adequate reserve of funds for the payment in accordance with the provisions of this subsection.
(f) 
In the event the escrow shall be deficient at any time the Board having jurisdiction shall declare the application incomplete.
(g) 
Any excess funds remaining in the escrow fund after 45 days after final approval shall be returned to the applicant.
(4) 
If at any time the escrow fund is found to be insufficient to cover all reasonable fees for the required professional services, the applicant shall be notified, in writing, with an accounting of the fees and applicant shall within 10 days increase the fund as shall be determined by the reviewing Board. In the event applicant shall fail to deposit the required fees, the reviewing Board shall be entitled to declare the application incomplete. Any excess funds in the escrow fund remaining 45 days after final action has been taken by the reviewing Board shall be returned to the applicant.
[3]
Editor's Note: Former Subsection E, Tax map impact fee, added 12-29-1993 by Ord. No. 21-1993, was repealed 7-19-2010 by Ord. No. 19-2010; said ordinance also provided for the redesignation of former Subsection F as Subsection E.
[Added 8-6-2002 by Ord. No. 30-2002]
A. 
A basic application fee of $1,500 plus an additional $100 per acre shall be charged.
B. 
The review fee shall be the sum of $1,000 per acre or part thereof.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of Harrison Township. However, if the subdivider or his agent can clearly demonstrate that because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such deviation of the regulation imposed as may be reasonable and within the general purpose and intent of the rules, regulations, and standards established by this chapter. Any requested waiver or deviation by the developer must be made in written form and heard by the Planning Board at a regularly scheduled public meeting, at which time the developer shall produce the necessary documentation, either by exhibits or testimony, to support his request. If the deviation is found by the Planning Board to be necessary, the Planning Board shall adopt a written resolution which shall include a description of the peculiar conditions pertaining to the subdivider's land and a description of the deviation allowed the subdivider.