Bloomsbury City Zoning Code
ARTICLE XI
Certificates and Time Periods
§ 270-65 Certificates showing approval.
A.
A prospective purchaser, mortgagee or other person interested in any land forming a part of a subdivision may apply in writing to the Borough Clerk or other designated Borough official for the issuance of a certificate certifying whether or not such a subdivision has been approved by the Planning Board. The application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof. The Borough official shall make and issue such certificate within 15 days after receipt of the application and the fees therefor. The Borough official shall keep a duplicate copy of the certificate consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.[1]
B.
Each certificate shall be designated a "Certificate as to Approval of Subdivision of Land" and shall certify:
(1)
Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.[2]
(2)
Whether the subdivision as it relates to the land shown in said application has been approved by the Planning Board and, if so, the date of approval and any extensions and term thereof, showing the subdivision of which the lands are part as a valid existing subdivision.
§ 270-66 Rights of owner covered by certificate.
A.
Any person who shall acquire for a valuable consideration an interest in lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough.
B.
If the designated Borough officer required to issue such certificate fails to issue the same within 15 days after receipt of the application and fees therefor, any person acquiring an interest in the land described in the application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough.
C.
Any such application addressed to the Clerk of the Borough shall be deemed to be addressed to the proper designated officer, and the Borough shall be bound thereby to the same extent as though the same were addressed to the proper designated official.
§ 270-67 As-built improvement plans.
The developer shall provide and file with the Borough Engineer one complete set of as-built improvement plans and profiles showing actual construction as approved prior to release of performance guarantees on a major subdivision.
§ 270-68 Inspection costs.
[Amended 12-19-1991 by Ord. No. 317-91]
All improvements (except electric and gas) shall be installed under the supervision and inspection of the Borough Engineer, the cost thereof to be borne by the developer. Inspection costs shall be computed at 5% of the total cost of the improvement by the Borough Engineer, and such amount, in the form of cash or certified check, shall be deposited with the Borough Clerk before commencement of any construction. If construction is commenced prior to tentative or final subdivision approval, the developer shall likewise deposit a sum in the amount estimated by the Borough Engineer to be credited toward said five-percent inspection charge. No refund of the inspection deposit shall be made.
§ 270-69 Commencement of work.
No construction work shall commence without the Borough Engineer being properly notified. Such notice shall be given at least 72 hours before commencement of work.
§ 270-70 Variances. [1]
The Planning Board, when reviewing applications for approval of subdivision plats, shall have the power to grant, to the same extent and subject to the same restrictions as a board of adjustment, variances in accordance with the terms of this chapter.
§ 270-71 Time periods.
A.
Whenever an application for approval of a subdivision plat includes a request for a variance, it shall be granted or denied within 95 days of receipt of a complete application, or such further time as consented to by the applicant. Failure to act within this time shall constitute approval, and a certificate to such effect shall be issued on request of the applicant by the Board Secretary.
B.
Whenever review or approval by the County Planning Board of the application is required, the Borough Planning Board shall condition its approval upon timely receipt of a favorable report by the County Planning Board or approval by its failure to report thereon within the required time period.