A.
Any owner of land within the Borough of Branchville
shall, prior to subdividing or resubdividing his land, as defined
in this chapter, submit to the Secretary of the Planning Board at
least 14 days prior to the regular meeting of the Board an original
and two copies of the minor subdivision application, together with
eight copies of the proposed minor subdivision plat. If the applicant
does not intend to file a map in the County Clerk's office with regard
to the proposed subdivision, the applicant shall also file a proposed
deed of the lots in the subdivision containing a legal description
of the lots that the applicant proposes to create. In addition, the
applicant shall file a copy of the subdivision application and at
least two copies of the subdivision plat with the County Planning
Board and furnish proof of filing with the Secretary of the Branchville
Planning Board.
[Amended 11-5-1969 by Ord. No. 103; 11-18-1981 by Ord. No.
81-2P]
B.
If classified as a minor subdivision by the Subdivision
Review Committee, a notation to that effect will be made upon the
plat. The plat will then be considered as a minor subdivision by the
Planning Board. If the subdivision is approved, the plat shall be
signed by the Chairman and Secretary of the Planning Board. A deed
memorializing the subdivision shall be signed by the Chairman and
Secretary, upon the request of the applicant, provided it is submitted
in proper form.
[Amended 11-18-1981 by Ord. No. 81-2P]
C.
Before the Municipal Clerk returns any approved subdivision
plat to the subdivider, the Clerk shall have sufficient copies made
to furnish one copy to each of the following:
[Amended 11-18-1981 by Ord. No. 81-2P]
(1)
Municipal Clerk.
(2)
Municipal Engineer.
(3)
Building Inspector or Zoning Officer.
(4)
Tax Assessor.
(5)
Secretary of the Planning Board.
(6)
County Planning Board.
|
The cost of the copies will be charged to the
subdivider and shall be collected before the return of the original
subdivision plat to the subdivider.
|
D.
Either a deed description or plat map drawn in compliance
with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., shall be filed
by the subdivider with the county recording officer within 190 days
from the date of municipal approval; otherwise the subdivision approval
shall expire.
[Amended 11-18-1981 by Ord. No. 81-2P]
A.
At least eight black-on-white prints of the preliminary
plat map, together with three completed application forms for preliminary
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 Municipal Clerk 14 days
prior to the Planning Board meeting at which consideration is desired.
At the time of filing, a fee of $10 per lot for the first 25 lots
and $5 per lot for all other lots, with the minimum fee being $50,
shall be paid to the Municipal Clerk. The Municipal Clerk shall immediately
notify the Secretary of the Planning Board upon receipt of a preliminary
plat.
[Amended 11-5-1969 by Ord. No. 103; 11-18-1981 by Ord. No.
81-2P]
B.
The applicant shall give notice of the application
and shall also publish notice of the same as required in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Land Use Procedures
Ordinance of the Borough of Branchville.[1]
[Amended 11-18-1981 by Ord. No. 81-2P]
C.
Copies of the preliminary plans shall be forwarded
by the Secretary of the Planning Board prior to the hearing to the
following persons:
D.
The Planning Board shall act on the preliminary plat
within the time period specified in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., and the Land Use Procedures Ordinance of the Borough
of Branchville. In all cases the recommendations of the County Planning
Board shall be given careful consideration in the final decision of
the Borough Planning Board. Approval of the subdivision shall be conditioned
upon the approval of the County Planning Board. The applicant shall
be notified of the action of the Borough Planning Board within the
time period specified by the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
[Amended 11-18-1981 by Ord. No. 81-2P]
E.
Preliminary approval shall confer upon the applicant
the rights set forth in N.J.S.A. 40:55D-49.
[Amended 11-18-1981 by Ord. No. 81-2P]
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Article V or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
A.
The final plat shall be submitted to the Secretary
of the Planning Board for final approval within three years from the
date of tentative or preliminary approval. The Planning Board shall
act upon the final plat within 45 days after the date of submission
of a complete application for final approval.
[Amended 11-18-1981 by Ord. No. 81-2P]
B.
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 14 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.
[Amended 11-18-1981 by Ord. No. 81-2P]
C.
The final plat shall be accompanied by a statement
by the Municipal 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:
[Amended 11-18-1981 by Ord. No. 81-2P]
D.
Any plat which requires County Planning Board approval
pursuant to N.J.S.A. 40:27-12 shall be forwarded by the applicant
to the County Planning Board for its action prior to final approval.
[Amended 11-18-1981 by Ord. No. 81-2P]
E.
The Planning Board shall act upon the application
for final subdivision approval within a time allowed by the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Amended 11-18-1981 by Ord. No. 81-2P]
F.
Failure of the Planning Board to act within the allotted
time or a mutually agreed upon extension shall be deemed to be favorable
approval and the Municipal Clerk shall issue a certificate to that
effect.
[Amended 11-18-1981 by Ord. No. 81-2P]
G.
If any person shall be aggrieved by the action of
the Planning Board, appeal in writing to the governing body may be
taken within 10 days 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 governing body 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 governing body, and the
applying party shall be given a copy.
I.
The final plat, after final approval by the Planning
Board, shall be filed by the subdivider in the Sussex County Clerk's
office within 95 days from the date of signing of the plat. For good
cause shown, the Planning Board may extend the period for recording
for an additional period not to exceed 190 days from the signing of
the plat. If any plat has not been filed as aforesaid, the approval
shall expire.
[Amended 11-18-19811 by Ord. No. 81-2P]
J.
No plat shall be accepted for filing by the County
Clerk unless it has been duly approved by the Planning Board of the
Borough of Branchville and signed by the Chairman and Secretary.
[Amended 11-18-1981 by Ord. No. 81-2P]
