[Amended 11-24-1992 by Ord. No. 92-23]
The owner of land prior to subdividing or resubdividing
a lot or lots where such subdivision is desired to qualify as a minor
subdivision shall submit 25 copies of the application therefor to
the Planning Board Secretary at least 15 business days before the
date of the monthly meeting of the Planning Board, together with 25
plot plans, maps or other papers required by virtue of any provisions
of this chapter or any rule of the Planning Board. The application
and plans shall also be submitted to the County Planning Board.
[Amended 5-8-1984 by Ord. No. 84-13]
A.
The application, once determined to be complete by
the Borough Engineer, shall be considered by the Planning Board.
B.
If the Planning Board shall classify the subdivision
as minor, the Board is empowered, as provided in N.J.S.A. 40:55D-47,
to waive the requirements for full notice and hearing, and thereupon,
such finding shall be deemed to be favorable approval by the Board;
no further approval shall be required.
C.
However, such classification and finding by the Planning
Board may be conditioned upon the performance by the applicant of
certain requirements, including, without limitation, the following:
(1)
Installation of sidewalks;
(2)
Installation of curbs and/or gutters;
(3)
Submission of a topographical plan showing the general
slope and natural drainage of the property to be approved by the Borough
Engineer; and
(4)
The posting of a performance guaranty in the form
of a cash or surety bond, in an amount to be determined by the Planning
Board, to guarantee the performance by the applicant of such conditions.
D.
In addition to the required application fee established
herein for minor subdivision, the applicant shall establish an escrow
account in the initial amount of $500 to cover the reasonable costs
of professional review and consultation.[1]
[Amended 10-13-1987 by Ord. No. 87-35]
E.
Unpaid fees establish liens. Any professional or consultant
fees incurred as part of site plan approval or subdivision approval
shall become a lien upon the subject premises and shall remain a lien
upon the subject premises until they are paid directly or satisfied
by payment from escrow accounts. Any professional or consultant vouchers
which remain unpaid for 30 days or which cannot be satisfied from
existing escrow deposits shall be certified by the Borough Administrator
to the Borough Tax Collector. Said sums shall be levied and collected
at the same time and in the same manner as other Borough taxes. All
such moneys received by the Collector shall be paid over to the Borough
Administrator to be applied only to the purposes for which they were
levied.
B.
If the application is approved, subject to such conditions as the Planning Board may impose as herein provided, a notation to that effect shall be made on the plat and it shall be signed by the Chairman and Secretary of the Planning Board and returned to the subdivider within 30 days following the next regular meeting of the Planning Board. If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be returned to the applicant. If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures set forth in Article III of this chapter.
Upon approval, copies of the minor subdivision
plat shall be filed by the Planning Board with the following officials:
[Amended 11-24-1992 by Ord. No. 92-23]
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 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing
the approved minor subdivisions is filed by the developer with the
county recording officer and proof of such filing should be filed
with the Planning Board Secretary within 30 days after the filing.
[Amended 11-24-1992 by Ord. No. 92-23]
The zoning requirements and general terms and
conditions upon which minor subdivision approval was granted shall
not be changed until the recording of the approved minor subdivision
or the end of the one-hundred-ninety-day period allowed for such recording.
