[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat
Light 5-14-1979 by Ord. No. 79-9 (Ch.
XIII of the Revised General Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the Borough of Barnegat Light."
The purpose of this chapter is to provide rules, regulations and standards
to guide land subdivision in the borough in order to promote the public health,
safety, convenience and general welfare of the borough. It shall be administered
to ensure orderly growth and development, the conservation, protection and
proper use of land and adequate provisions for circulation, utilities and
service.
As used in this chapter, the following terms shall have the meanings
indicated:
The lands required for the installation of stormwater sewers or drainage
ditches or required along a natural stream or watercourse for preserving the
channel and providing for the flow of water therein to safeguard the public
against flood damage in accordance with Title 58 of the Revised Statutes.[1]
The final map of all or a portion of the subdivision which is presented
to the Planning Board for final approval in accordance with these regulations
and which, if approved, shall be filed with the proper county recording officer.
A designated parcel, tract or area of land established by a plat
or otherwise as permitted by law and to be used, developed or built upon as
a unit.
All subdivisions not classified as minor subdivisions.
A composite of one or more written or graphic proposals for the development
of the borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
Any subdivision containing not more than three lots fronting on an existing minor street not involving any new street or road or the extension of borough facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision of the Master Plan, Official Map, Chapter 215, Zoning, or this chapter and not involving planned development or the extension of any off-tract improvement.
A map adopted by ordinance pursuant to N.J.S.A 40:55D-32 or any prior
act authorizing such adoption. Such a map shall be deemed to be conclusive
with respect to the location and width of the streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
Any person having sufficient proprietary interest in the land sought
to be subdivided to commence and maintain proceedings to subdivide the same
under this chapter.
An application and plat determined by the Secretary to the Planning
Board or other competent authority to be complete in all detail and to comply
with all applicable requirements of local and state regulations.
Any security which may be accepted by a municipality, including cash,
provided that a municipality shall not require more than 10% of the total
performance guaranty in cash.
A map or maps of a subdivision or site plan.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 172-5.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 172-5.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other
way which is an existing state, county or municipal roadway or which is shown
upon a plat heretofore approved pursuant to law or which is approved by official
action pursuant to N.J.S.A. 40:55D-1 et seq. or which is shown on a plat duly
filed and recorded in the office of the county recording officer prior to
the appointment of a Planning Board and the grant to such Board of the power
to review plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks,
parking areas and other areas within the street lines.
ARTERIAL STREETSThose streets which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose streets which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any legal entity commencing proceedings under this chapter to effect
a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale or development. The following
shall not be considered subdivisions within the meaning of this chapter, if
no new streets are created: divisions of land found by the Planning Board
or Subdivision Committee thereof to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; divisions of property upon court
order; and conveyances so as to combine existing lots by deed or other instrument.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members appointed by
the majority of the Planning Board members in attendance at the regular Planning
Board meeting for the purpose of classifying subdivisions in accordance with
the provisions of this chapter and such other duties relating to land subdivisions
which may be conferred on this Committee by said Board.
A.
Submission of sketch plat.
(1)
Any owner of land within the borough shall, prior to
subdividing or resubdividing land, as defined herein, submit to the Secretary
of the Planning Board or other designated official at least two weeks prior
to the regular meeting of the Board a sketch plat of the proposed subdivision
for purposes of classification and preliminary discussion. The sketch plat
shall be in ink on plain white paper not larger than 8 1/2 by 13 inches,
unless six additional copies are furnished. The sketch plat shall be prepared
by a licensed professional engineer if it is to be approved as a minor subdivision;
no plat shall be approved unless so prepared.
(2)
An applicant shall also submit to the Secretary of the
Planning Board or other designated official at least two weeks prior to the
regular meeting of the Board a copy of the County Planning Board application
which shall be certified to be a true copy. This shall serve in lieu of the
application form which is filled out for a major subdivision and will provide
the Planning Board with additional useful information before formal classification
of a subdivision as minor.
(3)
If classified and approved as a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect will be made on the sketch plat. A filing fee as set forth in § 21-44C of the Code of the Borough of Barnegat Light shall then be required to be filed by the applicant with the Secretary of the Planning Board or designated official. The plat shall then be forwarded to the Mayor and the Borough Clerk for their signatures, provided that the filing fee has been paid by the applicant, and then returned to the subdivider within the 10 days following the next regular meeting of the governing body. No further approval shall be required.
[Amended 12-10-1979 by Ord. No. 79-19[1]]
(4)
Before the Borough Clerk returns any approved sketch
plat to the subdivider, the Clerk shall have sufficient copies made to furnish
one copy to each of the following:
(5)
The cost of the copies shall be charged to the subdivider
and shall be collected before the return of the original sketch plat to the
subdivider.
B.
Submission of preliminary plat of major subdivision for
tentative approval.
(1)
At least six black-on-white prints of the preliminary plat, together with three complete application forms for preliminary approval, shall be submitted to the Borough Clerk two weeks prior to the Planning Board meeting at which consideration is desired. A minimum application fee as set forth in § 21-44D of the Code of the Borough of Barnegat Light shall accompany an application for tentative approval of a major subdivision. For any application requesting tentative approval of a major subdivision over four lots there shall be an additional fee as set forth in § 21-44D for each additional lot. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plat and appropriate application fee.
[Amended 12-10-1979 by Ord. No. 79-19[3]]
(2)
The Secretary of the Planning Board shall notify by mail
at least five days prior to the hearing all property owners within 200 feet
of the extreme limits of the subdivision as their names appear on the borough
tax record. The notice shall state the time and place of the hearing, a brief
description of the subdivision and that a copy of the subdivision has been
filed with the Borough Clerk for public inspection. The Secretary shall also
cause notice of the hearing to be published in the official newspaper or a
newspaper of general circulation in the borough at least 10 days prior to
the hearing.
(3)
Copies of the preliminary plat shall be forwarded by
the Secretary of the Planning Board prior to the hearing to the following
persons:
(4)
The Planning Board shall act on the preliminary plat
within the time periods stated herein after submission to the Borough Clerk,
if complete and in compliance with all requirements of this chapter, but in
no case before the expiration of the twenty-day period within which the County
Planning Board may submit a report on the subdivision. In all cases, the recommendation
of the County Board shall be given careful consideration in the final decision
of the local Planning Board. If the County Planning Board has approval authority,
its action shall be noted on the plat, and, if disapproved, two copies of
the reasons for disapproval shall be returned with the plat. If either the
Planning Board or County Planning Board disapproves the plat, the reasons
for disapproval shall be remedied prior to further consideration. The Planning
Board shall grant or deny a preliminary plat approval within 45 days of the
date of such submission. If the application is for a subdivision of 10 or
fewer lots, said time may be further extended if consented to by the owner.
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 owner for the subdivision. Otherwise, the Planning
Board shall be deemed to have granted a preliminary approval to the subdivision.[4]
(5)
If the Planning Board acts favorably on a preliminary
plat, a notation to that effect shall be made on the plat and it shall be
referred to the Council for action. The Council shall act within 30 days.
Its action shall be noted on the plat, signed by the Mayor and returned to
the subdivider for compliance with final approval requirements.
(6)
Preliminary approval shall confer upon the applicant
the following rights for a three-year period from the date of approval:
C.
Improvements or guaranties prior to final approval. Before consideration of a final subdivision plat, the subdivider shall have installed the improvements required under § 172-6 or the Planning Board shall require the posting of an adequate performance guaranty to assure the installation of the required improvements.
D.
Submission of final plat of major subdivision.
(1)
The final plat shall be submitted to the Borough Clerk
for forwarding to the Planning Board for final approval within three years
from the date of preliminary approval. The Borough Clerk shall immediately
notify the Secretary of the Planning Board upon receipt of a final plat, and
the Planning Board shall act upon the final plat within 45 days after submission
of a complete application to the Borough Clerk or within such further time
that may be consented to by the owner. Failure of the Planning Board to act
within the period prescribed shall constitute final approval, and a certificate
of the Borough Clerk as to the failure of the Planning Board to act shall
be issued on request of the owner 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 official for the purposes of recording
county plats.
(2)
A minimum application fee as set forth in § 21-44D shall accompany an application for final approval of a major subdivision. For any applicant requesting final approval of a major subdivision over four lots there shall be an additional fee as set forth in § 21-44D for each additional lot.
[Amended 12-10-1979 by Ord. No. 79-19[5]]
(3)
The original tracing, one translucent tracing cloth copy,
two cloth prints, 10 black-on-white prints and three copies of the application
form for final approval shall be submitted to the Secretary of the Planning
Board at least five days prior to the date of a regular Planning Board meeting.
Unless the preliminary plat is approved without changes, the final plat shall
have incorporated all changes or modifications required by the Planning Board.
(4)
The final plat shall be accompanied by a statement by
the Borough Engineer that he is in receipt of a map showing all utilities
in exact location and elevation and identifying those portions already installed
and those to be installed and that the subdivider has complied with one or
both of the following:
(6)
If the Planning Board favorably refers a final plat to
the Council, the Council shall take action not later than the second regular
meeting following the referral, noting its action on the plat, and the Mayor
shall affix his signature thereto if the action is favorable.
(7)
Failure of the Planning Board and Council to act within
the allotted time or a mutually agreed upon extension shall be deemed to be
favorable approval, and the Borough Clerk shall issue a certificate to that
effect.
(8)
If any person is aggrieved by the action of the Planning
Board, appeal in writing to the Council may be taken within 10 after the date
of the action of the Planning Board. A hearing thereon shall be had on notice
to all parties in interest, who shall be afforded an opportunity to be heard.
After such hearing the Council may affirm or reverse the action of the Planning
Board by a recorded vote of a majority of the total members thereof. The findings
and reasons for the disposition of the appeal shall be stated on the records
of the Council, and the applying party shall be given a copy.
(10)
The final plat, after final approval by the Council,
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.[7]
(11)
No plat shall be accepted for filing by the county recording
officer unless it has been duly approved by the Council and signed by the
Mayor.
A.
Sketch plat. The sketch plat shall be based on tax map
information or some other similarly accurate base at a scale (preferably not
less than 400 feet to the inch) to enable the entire tract to be shown on
the sheet and shall show or include the following information:
(1)
The location of that portion which is to be subdivided
in relation to the entire tract.
(2)
All existing structures and wooded areas within the portion
to be subdivided and within 200 feet thereof. The location of structures to
an accuracy of 0.5 on lots to be subdivided or lots adjacent thereto shall
be indicated. Areas or groupings of natural vegetation (native to Long Beach
Island, such as holly, beach plum, bayberry, cedar, etc.) within the portion
to be subdivided shall be shown in approximate location.
(3)
The name of the owner and of all adjoining property owners
as disclosed by the most recent borough tax records.
(4)
The tax map sheet, block and lot numbers of all lots
and blocks concerned.
(5)
All streets or roads and streams within 500 feet of the
subdivision.
(6)
The dimensions of lots.
B.
Preliminary plat. The preliminary plat shall be clearly
and legibly drawn or reproduced at a scale of not less than one inch equals
100 feet. Preliminary plats shall be designed and drawn by a licensed New
Jersey land surveyor or by a planner holding full or associate membership
in the American Institute of Planners.
(1)
The plat shall be designed in compliance with the provisions of § 172-7 and shall show or be accompanied by the following information:
(a)
A key map showing the entire subdivision and its relation
to surrounding areas.
(c)
Acreage of tract to be subdivided to nearest 10th of
an acre.
(d)
Sufficient elevations or contours to determine the general
slope and natural drainage of the land and the high and low points and tentative
cross sections and center-line profiles for all proposed new streets.
(e)
The location of existing and proposed property lines,
streets, buildings, watercourses, railroads, bridges, culverts, drainpipes
and any natural features, such as wooded areas and rock formations.
(f)
Plans of proposed utility layouts (sewers, storm drains,
water, gas and electricity) showing feasible connections to existing or any
proposed utility systems. When an individual water supply or sewage disposal
system is proposed, the plan for such system shall be approved by the appropriate
local, county or state health agency. When a public sewage disposal system
is not available, the developer shall have percolation tests made and submit
the results with the preliminary plat. Any subdivision or part thereof which
does not meet with the established requirements of this chapter or other applicable
regulations shall not be approved. Any remedy proposed to overcome such a
situation shall first be approved by the appropriate local, county or state
health agency.
(2)
A copy of any protective covenants or deed restrictions
applying to the land being subdivided shall be submitted with the preliminary
plat.
C.
Final plat. The final plat shall be drawn in ink on tracing
cloth at a scale of not less than one inch equals 100 feet and in compliance
with all the provisions of Chapter 141 of the Laws of 1960.[2] The final plat shall show or be accompanied by the following:
(1)
Date, name and location of the subdivision, name of owner,
graphic scale and reference meridian.
(2)
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles, and radii, arcs and central angles of all curves.
(3)
The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of sites other than
residential shall be noted.
(4)
Each block and lot shall be numbered and approved by
the Tax Assessor.
(5)
Minimum building setback line on all lots and other sites.
(6)
Location and description of all monuments.
(7)
Names of owners of adjoining unsubdivided land.
(8)
Certification by engineer or surveyor as to accuracy
of details of plat.
(9)
Certification that the applicant is agent or owner of
the land or that the owner has given consent under an option agreement.
(10)
When approval of a plat is required by any officer or
body of such a municipality, county or state, approval shall be certified
on the plat.
(11)
Cross sections and profiles of streets approved by the
Borough Engineer may be required to accompany the final plat.
(12)
Contours at five-foot intervals for slopes averaging
10% or greater and at two-foot intervals for land of lesser slope.
(13)
Plans and profiles of storm and sanitary sewers and water
mains.
(14)
Certificate from Tax Collector that all taxes are paid
to date.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9.
A.
Performance guaranty.
(1)
Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranties for the
ultimate installation of such of the following as may be required by the Planning
Board and the Mayor and Council:
(a)
Streets.
(b)
Street signs.
(c)
Curbs or gutters.
(d)
Sidewalks.
(e)
Streetlighting.
(f)
Shade trees.
(h)
Water mains, culverts, storm sewers and sanitary sewers.
All such installations shall be properly connected with an approved system
and shall be adequate to handle all present and probable future development.
(2)
All of the above-listed improvements shall be subject
to inspection and approval by the Borough Engineer, who shall be notified
by the developer at least 48 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
(3)
All improvements shall conform to local standards currently
in use in the borough unless, due to peculiar site conditions, the Borough
Engineer recommends other specifications for the improvements, which recommendations
shall provide the minimum structural standards, but for the peculiar conditions.
B.
Approval of final plat.
(1)
No final plat shall be approved by the Planning Board
until the completion of all such required improvements has been certified
to the Planning Board by the Borough Engineer, unless the subdivision owner
files with the borough a performance guaranty sufficient in amount to cover
the cost of all such improvements or uncompleted portions thereof as estimated
by the Borough Engineer and assuring the installation of such uncompleted
improvements on or before an agreed date. Such performance guaranty may be
in the form of a performance bond, which shall be issued by a bonding or surety
company approved by the Council, a certified check, returnable to the subdivider
after full compliance, or any other type of surety approved by the Borough
Attorney.
(2)
The performance guaranty shall be approved by the Borough
Attorney as to form, sufficiency and execution. Such performance guaranty
shall run for a period to be fixed by the Planning Board but in no case for
a term of more than three years. However, with the consent of the owner and
the surety, if there is one, the Council may by resolution extend the term
of such performance guaranty for an additional period not to exceed three
years. The amount of the performance guaranty may be reduced by the Council
by resolution when portions of the required improvements have been installed.
(3)
If the required improvements have not been installed
in accordance with the performance guaranty, the obligor and surety shall
be liable thereon to the borough for the reasonable cost of the improvements
not installed, and upon receipt of the proceeds thereof the borough shall
install such improvements.[2]
The subdivider shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof.
A.
General. The subdivision plat shall conform to design
standards that shall encourage good development patterns within the borough.
Where either or both an Official Map or Master Plan has been adopted, the
subdivider shall conform to the proposals and conditions shown thereon. The
streets, drainage rights-of-way, school sites, public parks and playgrounds
shown on an officially adopted Master Plan or Official Map shall be considered
in approval of subdivision plats. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the final plat in accordance
with Sections 29, 29.1, 29.2 and 29.3 of Chapter 291 of the Laws of 1975[1] and shall be such as to lend themselves to the harmonious development
of the borough and enhance the public welfare in accordance with the following
design standards.
[1]
Editor's Note: See N.J.S.A. 40:55D-38 through 40:55D-41.
B.
Streets.
(1)
The arrangement of streets now shown on the Master Plan
or Official Map shall be such as to provide for the appropriate extension
of existing streets.
(2)
Minor streets shall be so designed as to discourage through
traffic.
(3)
Right-of-way width.
(b)
The right-of-way width for internal roads and alleys
in multifamily, commercial and industrial development shall be determined
on an individual basis and shall in all cases be of sufficient width and design
to accommodate safely the maximum traffic, parking and loading needs and maximum
access for fire-fighting equipment.
(4)
No subdivision showing reserve strips controlling access
to streets shall be approved except where the control and disposal of land
comprising such strips has been placed in the Mayor and Council under conditions
approved by the Planning Board.
(5)
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or Official Map
or the street width requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision is along
one side only, 1/2 of the required extra width shall be dedicated.
(6)
Grades of arterial and collector streets shall not exceed
4%. Grades on other streets shall not exceed 10%. No street shall have a minimum
grade of less than 3/10 of 1%.
(7)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block corners
at intersections shall be rounded at the curbline with a curve having a radius
of not less than 15 feet.
(8)
Street jogs with center-line offsets of less than 125
feet shall be prohibited.
(9)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(10)
When connecting street lines deflect from each other
at any one point by more than 10° and not more than 45°, they shall
be connected by a curve with a radius of not less than 100 feet for minor
streets and 300 feet for arterial and collector streets.
(11)
If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
(12)
No street shall have a name which will duplicate or so
nearly duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
C.
Blocks.
(1)
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 215, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks
shall be required in locations deemed necessary by the Planning Board. Such
walkway shall be 10 feet wide and be straight from street to street.
(3)
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for such use.
D.
Lots.
(2)
Insofar as it is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(3)
Each lot shall front upon an approved street at least 50 feet in width, except lots fronting on streets described in Subsection B(3)(a)[4] and (b) and further excepting those lots fronting the Beach-Dune Protective Facility as shown on the Borough Master Plan. Such lots may front the facility, provided that an easement, right-of-way or portion of the lot is provided which gives access from the lot to a street of at least 50 feet in width. The easement, right-of-way or portion of the lot shall be at least 15 feet in width along its entire length and be maintained in such manner as to provide vehicular access to the lot and so as not to be a blighting or deteriorating influence on neighboring property.
(4)
Where extra width has been dedicated for widening of
existing streets, lots shall begin at such extra width line, and all setbacks
shall be measured from such line.
(5)
Where there is a question as to the suitability of a lot or lots for the proposed use due to factors such as rock formations, flood conditions, the existence of dunes or the location of the proposed lot within the Beach-Dune Area or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots. No lot shall be shown upon, or included within, a subdivision unless the proposed use of said lot will be consistent with the provisions of Barnegat Light and § 215-5 of Chapter 215, Zoning, of the Code of the Borough of Barnegat Light.
[Amended 2-28-1994 by Ord. No. 94-118]
E.
Public use and service areas.
(1)
In large-scale development, easements along rear property
lines or elsewhere for utility installations may be required. Such easements
shall be at least 15 feet wide and located in consultation with the companies
or borough departments concerned.
(2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or street, there shall be provided a storm sewer easement or drainage
right-of-way conforming substantially to the lines of such watercourse and
such further width or construction, or both, as shall be adequate for the
purpose.
(3)
Natural features, such as trees, brooks, hilltops and
view, shall be preserved whenever possible in designing any subdivision containing
such features. Whenever any native vegetation, such as bayberry bushes or
trees, cedar trees, holly trees, beach plums, etc., exist at the time of application
for a subdivision, such native vegetation shall be left intact insofar as
is possible and is consistent with the intended construction or use of the
tract following approval of the subdivision. This shall not be construed to
prohibit the normal maintenance of the grounds so as to render the tract or
portion thereof in a pleasing state of appearance to both owner and community.
A.
If, before favorable referral and final approval has 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 and the Council are required to act, such person shall be liable to the penalty provided for in Chapter 1, General Provisions, § 1-15.
B.
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on the land in the subdivision would meet requirements
for a building permit under Section 23 of Chapter 291 of the Laws of 1975,[1] the borough may institute and maintain a civil action.
[1]
Editor's Note: See N.J.S.A. 40:55D-32.
C.
For injunctive relief. The borough shall have the power
to set aside and invalidate any conveyance made pursuant to such a contract
or sale if a certificate of compliance has not been issued in accordance with
Section 44 of Chapter 291 of the Laws of 1975,[2] but only if the borough has a Planning Board or a committee thereof
with power to act and which meets regularly on a monthly or more frequent
basis and whose governing body has adopted standards and procedures in accordance
with Sections 29, 29.1, 29.2 and 29.3 of Chapter 291 of the Laws of 1975.[3]
D.
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 shall be brought within two years after the date of
the recording of the instrument of transfer, sale or conveyance of the land
or within six years if unrecorded.
