Township of Carneys Point, NJ Article III General Provisions of Subdivision Approval

§ 185-5 General requirements for subdivision approval.

A. No one shall subdivide or resubdivide land in the Township of Carneys Point without first obtaining approval of the Township Planning Board.

B. No approval shall be granted until the payment of the appropriate fees as specified by the Township ordinance.

C. No minor or major subdivision shall be finally approved until proof has been submitted that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made.

D. Unless otherwise specified herein, applications and approval procedures shall be in accordance with the provisions of the Land Use Procedures Ordinance of the Township of Carneys Point (Chapter 125) and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

§ 185-6 Applicability of requirements.

These rules, regulations and standards shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of Carneys Point Township. No building permit, certificate of occupancy or other required permit shall be issued except in accordance with an approval of the subdivision and its improvements granted pursuant to this chapter unless modified in accordance with § 185-7 of this chapter.

§ 185-7 Exceptions to subdivision approval requirements.

A. The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions and waivers from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of this chapter, if the applicant can clearly demonstrate that because of peculiar conditions pertaining to the literal enforcement of one or more provisions of this chapter it is impracticable or will exact undue hardship.

B. A building permit or certificate of occupancy may be issued if all improvements have been installed or completed, except the finish course of the road, and the Township Engineer warrants that completion of the road is in the Township's interest after the subdivider has completed construction of dwellings and structures. The maintenance guaranty required shall not begin until the finish course has been installed.

C. The Planning Board may also authorize the issuance of a temporary certificate of occupancy if the following improvements have been bonded but not yet installed: landscaping, sidewalks and other similar improvements.

D. In major subdivisions where three or fewer new building lots are involved as part of a development application, the Planning Board, upon request of an applicant, shall have the power to defer requirements for the installation of public improvements or posting of improvement guaranties for such improvements, provided that:

(1) The applicant clearly demonstrates that such improvements are not reasonably immediately necessary to ensure the public health, safety or welfare of residents or potential residents of the lots involved or existing residents of the adjacent areas. In establishing the basis for a deferment, the Planning Board may take into account a report from its engineer, planner or other advisors or agencies it deems appropriate as to when such improvements may be necessary in the public interest and as to the timing of improvement activities by adjacent landowners or other public agencies which would require installation of the subject subdivision improvements to complete a development scheme for the adjacent area.

(2) Any deferment granted shall not relieve the applicant or any subsequent owners of the initial tract from which the new lots are being created from the responsibility for the installation or payment of a pro rata share of the ultimate costs of installation of improvements related to and benefiting the lots of the subject development application. Such deferred liability shall be enforced in connection with an off-tract improvement ordinance pursuant to the Municipal Land Use Law[1] at the time of the development of the remainder of the initial tract or the development of any other related tract, or as otherwise provided by law. The final plat, Planning Board final approval resolution and individual lot deed instruments shall stipulate the terms and conditions of any such deferments. In addition, recordable agreements may be required at the option of the Planning Board.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(3) Only one deferment, as outlined herein, for a parcel (contiguous lots under similar ownership shall constitute a single parcel for purposes of this deferment provision) may be permitted from the date of enactment of this chapter.

§ 185-8 Subdivision Committee.

An advisory committee to the Planning Board to be known as the "Subdivision Committee (SC)" is hereby created and shall also be known as the "Site Plan Review Advisory Board (SPRAB)." The Subdivision Committee shall be considered one and the same as the SPRAB being vested with similar membership, authority and bylaws as enabled the SPRAB by the Township's Site Plan Ordinance.