Borough of Beach Haven, NJ Procedure

Before the Secretary of the Planning Board returns the approved sketch plat to the subdivider, the latter shall have sufficient copies made to furnish one copy to each of the following:

(a)

Borough Clerk.

(b)

Borough Engineer.

(c)

Building Inspector and/or Zoning Officer.

(d)

Tax Assessor.

(e)

Secretary of the Planning Board.

(f)

County Planning Board.

The cost of the copies shall be charged to the subdivider if sufficient copies have not been provided by him, and shall be collected before the return of the original sketch plat to the subdivider.

Either a deed description or plat map drawn in compliance with Chapter 358 of the Laws of 1953,[1] as amended and supplemented, shall be filed by the subdivider with the County Clerk within 90 days from the date of return of the approved sketch plat.

Editor's Note: See N.J.S.A. 46:23-9.8 et seq.

§ 179-6 Submission of preliminary plat of major subdivision for tentative approval.

At least one linen tracing and seven prints of the preliminary plat, one linen tracing and seven prints of utility map showing plans, profiles and cross sections of all gradings, paving, roads, sidewalks, storm and sanitary sewers and appurtenances, water mains, gas mains, bridges, street signs and showing connections to existing or proposed utilities, together with three completed application forms for tentative approval, shall be submitted by the owner, properly signed as being the person or subdivider seeking approval, or by his agent acting for and with the consent of the owner, to the Secretary of the Planning Board at least three weeks prior to the Planning Board meeting at which consideration is desired.

The subdivider must first receive approval from the Secretary of the Planning Board that his submission with respect to preliminary approval is perfected before the subdivider may advertise for a public hearing.

Notice.

The applicant shall comply with the provisions of N.J.S.A. 40:55-1.7[1] and any supplements and amendments thereto as regards to procedures for giving notice. For information purposes only, N.J.S.A. 40:55-1.7 provides as follows:

"Whenever a hearing is required under any section of this Chapter before action by a planning board, notice of the hearing shall be published in the official newspaper of the municipality or in a newspaper of general circulation in the municipality at least ten days prior to the hearing. In cases dealing with plat approval, notice of the hearing shall be mailed at least five days prior thereto, addressed to the owners, as their names appear on the municipal tax record, of adjoining property and property directly across the street or streets from the property involved.

"The notice of hearing shall contain a brief description of the property involved, a statement as to its location, a list of the maps and other documents to be considered, a summary statement of the matters to be heard. Copies of the maps and other documents to be considered at the hearing shall be filed in the office of the municipal clerk. Such copies shall be made available at such office for public inspection."

Editor's Note: N.J.S.A. 40:55-1.7 was repealed by L. 1975, c. 291, § 80, effective August 1, 1976. See now N.J.S.A. 40:55D-10 to 40:55D-16.

The subdivider shall also file affidavits of mailing and publication as herein required with the Secretary of the Planning Board prior to the hearing.

Upon submission of the preliminary plat for tentative approval, the Secretary of the Planning Board shall submit one copy to each of the following:

Borough Clerk.

Borough Engineer.

Building Inspector.

Secretary to the Board of Adjustment.

(5)

Health Officer.

(6)

County Planning Board.

(7)

Such other municipal, county or state officials as directed by the Planning Board.

The Planning Board shall act on the preliminary plat within 60 days after the submission has been declared perfected, but in no case before the expiration of the twenty-day period within which the County Planning Board, the Borough Engineer and other officers or public body whose approval is required may submit a report on said subdivision. In all cases the recommendations of such authorities shall be given careful consideration in the final decision of the Borough of Beach Haven Planning Board. If either the Planning Board or the County Planning Board disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting a plat shall be notified of the action of the Planning Board within 60 days of its effective date of submission. For purposes of computing the effective date of submission, such date shall be defined as the date upon which the Secretary of the Planning Board has officially declared the submission to be perfected and has authorized the subdivider to advertise for public hearing.

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. The same shall then be returned to the subdivider for compliance with final approval requirements.

Tentative approval shall confer upon the applicant the following rights for a three-year period from the date of such approval:

That the general terms and conditions under which tentative approval was granted will not be changed.

That the said applicant may submit on or before the expiration date the whole or part or parts of said plat for final approval.

Failure of the Planning Board to act within the allotted time shall be deemed to constitute approval of the plat and the Municipal Clerk shall issue a certificate to that effect.

§ 179-7 Improvements or guaranties prior to final approval.

Before consideration of a final subdivision plat, the subdivider will have installed the improvements required by Article VII.

No building permit shall be granted until all improvements have been made in accordance with the requirements of this chapter.

§ 179-8 Submission of final plat of major subdivision.

The final plat shall be submitted to the Secretary of the Planning Board for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Board shall act upon the final plat within 45 days after the date of such submission.

The original tracing, one translucent tracing cloth copy, two cloth prints, six 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 10 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 Board.

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, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:

Installed all improvements in accordance with the requirements of these regulations.

A performance guaranty and cash or a certified check have been posted with the Borough Clerk in sufficient amount to assure the completion of all required improvements.

Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-12[1], as amended and supplemented, shall be forwarded to the County Planning Board for its action prior to final action by the Planning Board.

Editor's Note: N.J.S.A. 40:27-12 was repealed by L. 1968, c. 285, § 22, effective December 31, 1969.

The final plat shall be forwarded to the Borough Engineer upon receipt by the Secretary of the Planning Board for his review. He shall report back to the Planning Board within 10 days regarding compliance of the final plat with the general terms and conditions of tentative approval.

If the Planning Board approves the final plat, a notation to that effect shall be made on each plat and shall be signed by the Chairman and the Secretary of the Planning Board; and the Municipal Clerk shall sign the same and affix the municipal seal.

Failure of the Planning Board and the governing body to act within the allotted time or mutually agreed upon extension thereof shall be deemed to be favorable approval and the Borough Clerk shall issue a certificate to that effect in accordance and compliance with the requirements of N.J.S.A. 40:55-1.18[2] as amended and supplemented.

[2]

Editor's Note: N.J.S.A. 40:55-1.18 was repealed by L. 1975, c. 291, § 80, effective August 1, 1976. See now N.J.S.A. 40:55D-25, 40:55D-49 and 40:55D-50.

Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:

Borough Clerk.

Borough Engineer.

Building Inspector.

Tax Assessor.

County Planning Board.

The final plat, after final approval by the Planning Board, shall be filed by the subdivider with the County Clerk within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire.

No plat shall be accepted for filing by the County Clerk unless it has been approved by the Planning Board and signed by the Chairman and Secretary of the Planning Board and by the Municipal Engineer and Clerk.[3]

[3]

Editor's Note: Former Subsection K, regarding the issuance of certificates by the Borough Clerk, which immediately followed this subsection, was repealed 5-13-2002 by Ord. No. 2002-6.

§ 179-9 (Reserved) [1]