Freehold Township City Zoning Code
ARTICLE VII
Land Subdivision Procedures
§ 190-46 Informal conference with Planning Board.
The Planning Board will be available at any regularly scheduled meeting for informal conferences with any subdivider or owner as herein defined who desires to subdivide land. The Planning Board may, if it desires, schedule specific meeting nights for such informal conferences at its discretion.
§ 190-47 Submission of minor subdivision plat.
A.
Any owner of land within the Township, prior to subdividing or resubdividing land as defined in this chapter, shall submit to the administrative officer, at least 10 working days prior to the next regular workshop meeting of the Planning Board, the following:
[Amended 12-27-2005 by Ord. No. O-05-48; 12-22-2015 by Ord. No. O-15-26]
B.
The owner shall, simultaneously with filing, pay the fee based on the total number of lots in the subdivision, submitted to the administrative officer to cover the cost of processing the application. The administrative officer shall issue an application number, and such number shall appear on all documents, maps, plans, and other documentation submitted in conjunction with the subdivision plat.
§ 190-48 Distribution.
Copies of the minor subdivision plat, prior to consideration by the Planning Board and after payment of the fee, shall be forwarded by the administrative officer to each of the following:
A.
Township Engineer: one copy.
B.
Zoning Officer or Assistant Zoning Officer: one copy.
[Amended 10-13-2009 by Ord. No. O-09-26]
C.
Planning Board members: three copies.
D.
Tax Assessor: one copy.
E.
Environmental Commission: one copy.
F.
Township Forester: one copy.
[Added 3-22-2005 by Ord. No. O-05-5]
G.
Such other Township, county or state officials as directed by the reviewing board.
§ 190-49 Minor subdivision action.
A.
The reviewing board shall not grant approval of a minor subdivision until such time as a written report in respect to the subdivision has been received approving same from the following:
(1)
Township Engineer.
(2)
Zoning Officer or Assistant Zoning Officer.
[Amended 10-13-2009 by Ord. No. O-09-26]
(3)
Township Forester.
[Added 3-22-2005 by Ord. No. O-05-5]
(4)
Monmouth County Planning Board, where applicable.
(5)
Department of Environmental Protection of the State of New Jersey where any stream in the proposed subdivision is under the jurisdiction of this agency. The subdivider shall present a document of adequate proof to that effect from the Department of Environmental Protection prior to approval. The reviewing board may, at its discretion, grant conditional approval of a minor subdivision pending the above referred to proof from the Department of Environmental Protection, provided that the applicant demonstrates that he has made diligent efforts to obtain same.
(6)
Before approval, the Planning Board shall condition approval on receipt of a deed of dedication, with the subdivider as grantor and the Township of Freehold as grantee, conveying those lands abutting the lot or lots which are the subject of the subdivision and which are necessary for road widening or other public purposes as determined by the Master Plan of the Township of Freehold. Any dedication shall be subject to acceptance by the Township Committee.
B.
Minor subdivision approval shall be granted or denied within 45 days of the date upon which the application is deemed complete or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant; 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 officer for purposes of filing subdivision plat.
[Amended 12-22-2015 by Ord. No. O-15-26]
C.
Whenever review or approval of the application by the Monmouth County Planning Board is required, the Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D.
Expiration; changing conditions
(1)
Approval of a minor subdivision shall expire 190 days from the date of the Township Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960 c. 141 (N.J.S.A. 46:23-9.9), or a deed clearly describing the approved minor subdivision is filed by the developer with the Monmouth County recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board shall be permitted to accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said Act. Where a minor subdivision applicant was granted a waiver or variance in conjunction with the approval, the minor subdivision must be perfected by the filing of the plat.
[Amended 12-22-2015 by Ord. No. O-15-26]
(2)
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
E.
Before any approved minor subdivision plat is returned to the subdivider, the administrative officer shall have sufficient copies, retained one copy for the administrative officer file, and forwarding such copies as follows:
F.
The Planning Board when acting upon application for minor subdivision approval shall have the power to grant such exceptions or waivers from the requirements for approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question and the project is minimal and would continue to reflect overall conformity to the Master Plan. Any exception granted pursuant to this section shall be certified to the Zoning Officer in writing.
§ 190-50 Preliminary procedure for major subdivision.
A.
Any subdivider of land within the Township, prior to subdividing or resubdividing land as defined in this chapter, shall submit to the administrative officer in accordance with the Planning Board procedures (a copy of which is available from the administrative officer) the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
B.
Copies of the preliminary plat shall be forwarded by the administrative officer in accordance with the administrative procedures of the reviewing board and shall be submitted to the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
(1)
Monmouth County Planning Board: one copy.
(2)
Township Engineer: one copy.
(3)
Board of Health: one copy.
(4)
Shade Tree Commission: one copy.
(5)
Zoning Officer or Assistant Zoning Officer: one copy.
[Amended 10-13-2009 by Ord. No. O-09-26]
(6)
Tax Assessor: one copy.
(7)
Planning Board Secretary: nine copies.
[Amended 12-22-2015 by Ord. No. O-15-26]
(8)
Freehold Township Environmental Commission: one copy.
(9)
Department of Environmental Protection of the State of New Jersey where any stream in a proposed subdivision is under the jurisdiction of that agency and for certification of the adequacy of water supply and sewage facilities in accordance with N.J.S.A. 58:11-23 et seq.: one copy.
(10)
The Forester: one copy.
(11)
Such other staff, consultants, and municipal, county or state agency as may be directed by the Planning Board.
[Amended 10-13-2009 by Ord. No. O-09-26]
C.
The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the administrative officer within 45 days of submission of such application or it shall be deemed to be properly submitted.
D.
If the Planning Board shall require any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter, grant preliminary approval to the subdivision.
E.
Upon the submission to the administrative officer of a complete application for the subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date upon which the application is deemed complete or within such further time as may be consented to by the developer. 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 upon which the application is deemed complete or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision.
F.
Following submission of a completed application, the Planning Board shall set the date of public hearing.
G.
The Planning Board when acting upon application for major subdivision approval shall have the power to grant such exceptions or waivers from the requirements for approval as may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question and the project is minimal and would continue to reflect overall conformity to the Master Plan. Any exception granted pursuant to this section shall be certified to the Zoning Officer in writing.
I.
The Board of Health shall recommend approval only if all lots in the subdivision can be served by existing water and sewage systems. In order to assist the Board of Health and/or the Township Engineer in determining the adequacy of the utilities, the applicant shall provide adequate proof in accordance with a form known as "FORM A" which is attached hereto and included by reference.[2] In the event there are less than 50 lots contained in the subdivision map submitted for approval, septic tanks may be installed in conformance with the requirements of the Freehold Township Board of Health and the Township Engineer, who may require any test or data that they determine necessary and further subject to such regulations made and provided by the State Department of Health. In the event that septic tanks are installed under this section, the subdivider shall install a dry sanitary sewerage collection system for use when public sewerage becomes available. Approval shall be noted on the master copy of the preliminary plat. Copies of the signed preliminary plat shall be furnished to each of the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
(1)
Township Clerk: one copy.
(2)
Township Engineer: two Mylars.
(3)
Planning Board: one copy.
(4)
Local Board of Health: one copy.
(5)
Construction Official: one copy.
(6)
Zoning Officer and Building Inspector: one Mylar and two copies.
(7)
Subdivider for compliance with the final approval requirements.
[2]
Editor's Note: Form A is on file in the Health Office.
§ 190-51 Effect of preliminary approval.
A.
Preliminary approval of a major subdivision shall, except as provided in Subsection B of this subsection, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs, and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as they relate to public health and safety.
(2)
That the applicant may submit for final approval on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(3)
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
B.
Subsequent to approval of the preliminary plat of a major subdivision and prior to the commencement of construction of any of the improvements required by the provisions of this chapter, the owner or subdivider shall obtain from the Township Engineer an estimate of the costs of construction of streets and other improvements, in accordance with the requirements and specifications of this chapter and tender to the Township Committee a fee to cover costs of field inspection by the Township Engineer.
C.
The applicant or owner shall furnish performance guarantees to the extent that public areas or adjacent properties shall be affected for all improvements which would affect the health, safety and/or general welfare of the public including but not limited to roadway improvements, drainage, grading, sanitary sewer, public water, detention basins, shade trees or other improvements within or affecting public rights-of-way, easements, drainageways, improvements and adjacent property or other off-tract properties in accordance with § 190-52 if improvements are to be installed prior to final approval.
§ 190-52 Performance guarantees as condition to final approval.
[Amended 12-27-2005 by Ord. No. O-05-48; 7-29-2014 by Ord. No. O-14-9; 1-14-2020 by Ord. No. O-20-1]
A.
As a condition of final subdivision approval, the Planning Board may require that the owner, subdivider and/or developer:
(1)
Submit a financial statement setting forth the assets and liabilities of the owner, subdivider and/or developer and net worth, which statement shall be certified by a certified public accountant or a registered public accountant, and in the case where the owner, subdivider and/or developer is a corporation, such financial statement shall be as of the last annual or fiscal audit prepared in the preceding 12 months. The statement shall contain the names and addresses of the officers and directors and of each stockholder holding 10% or more of the capital stock.
(2)
Provide the names and locations of developments completed by the owner, subdivider and/or developer and the names and addresses of at least five business references.
(3)
Furnish performance guarantees for the installation of improvements pursuant to N.J.S.A. 40:55D-53a in an amount not to exceed 120% of the cost thereof as estimated by the Township Engineer according to law.
B.
The performance guarantee shall consist of a developer's agreement; the terms of which shall concern the general development of the tract, plus 10% of the performance guarantee amount in cash and the remaining 90% by any of the following:
(1)
A performance bond issued by a bonding or surety company authorized to serve as a surety in the State of New Jersey, approved by the Township Attorney as to form pursuant to N.J.S.A. 40:55D-53b; cash, a certified check, an irrevocable standby letter of credit issued by a financial institution whose latest rating by Sheshunoff Financial Rating Service is a B or better, in a form approved by the Township Attorney pursuant to N.J.S.A. 40:55D-53b, or such other security as may be approved by the Township Committee.
(2)
All guarantees posted herein shall be in addition to and not in substitution for the developer's primary responsibility to install improvements and complete the subdivision in accordance with all rules, regulations, standards, specifications, and ordinances of the Township.
(3)
Performance guarantees shall be for the cost of installation of those on-tract improvements required by the approval or developer's agreement to be dedicated to the Township or other public entity, and that have not yet been installed, which cost shall be determined by the municipal engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments, as shown on the final map and required by "the map filing law," or by N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements as well as privately owned perimeter buffer landscaping as required by ordinance or imposed as a condition of approval for each section or phase of the development (hereafter sometimes referred to as "required improvements").
(4)
At the developer's option a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(5)
In the event that the developer seeks a temporary certificate of occupancy for a development, unit, lot, building or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate "temporary certificate of occupancy guarantee" in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy, and which are not covered by an existing performance guarantee. The scope and amount of the temporary certificate of occupancy shall be determined by the Township Engineer and accepted by resolution from the governing body. At no time shall more than one guarantee be held by the Township for the same improvement. The temporary certificate of occupancy guarantee shall be released by the governing body upon the issuance of a permanent certificate of occupancy with regard to the unit, lot, building or phase as to which the temporary certificate of occupancy guarantee relates.
(6)
In addition to the performance guarantee pursuant to Subsection A above, the developer shall also post a safety and stabilization guarantee in favor of the Township to be available solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
(b)
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not serve notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reason other than force majeure. The Township shall provide written notice to a developer by certified mail or other form of delivery providing proof of receipt.
(7)
The amount of the safety and stabilization guarantee for a development with bonded improvements in the amount not exceeding $100,000 shall be $5,000. The amount of the safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvements costs of the development or phase of development as follows:
(8)
At the developer's option the safety and stabilization guarantee may be provided as a separate guarantee or as a line item in the performance guarantee.
(9)
"Performance guarantee" as used hereafter in this section may, as appropriate to the context of use, refer to all guarantees provided in this subsection.
C.
Any and all performance guarantees posted by the developer hereunder may be subject to recalculation annually by the Township Engineer as to the amount thereof based on current costs of labor and materials at 120%. Upon written notification of the new amount, the developer shall provide the Township with a new guarantee or an addendum to the existing guarantee showing the new amount.
D.
Any cash or certified check shall be held in escrow by the Township Treasurer and deposited or invested in the manner prescribed by law for municipal funds; the principal amount and interest, where required by law, to be refunded to the subdivider upon satisfactory completion of all said improvements and upon posting maintenance guarantees as provided for in this chapter.
E.
The condition of the performance guarantee shall be that the subdivider or owner fully complete the required improvements on or before a certain time as fixed by the developer's agreement which date, in no case, shall be later than three years from the day of approval of the final plat; provided, however, that upon application being made prior to the expiration of said initial three-year term by the subdivider or owner with the consent of the surety, the Township Committee may extend the term of such performance guarantee for such additional time period as it shall deem reasonable under the circumstance. The amount of the performance guarantee may be reduced by the Township Committee by resolution when portions of the required improvements have been installed. No forbearance from strictly enforcing the timely installation of improvements shall be deemed a waiver by the Township of the subdivider or owner's obligation hereunder.
F.
When improvements are completed in stages, the amount of the reduction in the performance guarantee for improvements installed shall accurately reflect the pro rata cost of such improvements.
G.
If the required improvements shall not have been installed in accordance with the performance guarantee or if the subdivider or owner shall abandon the project in such a condition that it constitutes a hazard and a nuisance, the obligator and surety, if any, shall be liable thereon to the Township for the reasonable cost of improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements.
H.
Pursuant to N.J.S.A. 40:55D-53d, when improvements have been completed, the obligator shall notify the Township Committee in writing by certified mail of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Township Engineer shall inspect all of the aforesaid improvements and file a report pursuant to N.J.S.A. 40:55D-53d with the Township Committee within 45 days of the receipt of the notice from the obligator.
I.
Within 45 days after receipt of the Township Engineer's report, the Township Committee, by resolution, shall accept or reject the improvements, grant partial approval or withhold approval as provided in N.J.S.A. 40:55D-53e(1). Where partial approval is granted, the obligator shall be released from all liability pursuant to its performance bond except for that portion adequately sufficient to secure the improvements not yet approved provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
J.
If any portion of the improvements shall not be approved or shall be rejected by the Township Committee, the obligator shall cause the same to be completed or corrected, and upon completion or correction of same, the same procedure of notification as outlined herein shall be followed.
K.
Nothing herein, however, shall be construed in limitation of the obligator's right to contest or question by legal proceedings or otherwise any determination of the Township Committee or the Township Engineer. The obligator shall be responsible for all the inspections fees the Township Engineer incurred in making the foregoing inspections as per the fee schedule and in accordance with N.J.S.A. 40:55D-53h.
L.
Maintenance guarantees.
(1)
Following final acceptance of an improvement, the developer shall post a maintenance guarantee for a period of two years in an amount not exceeding 15% of the cost of the required improvements. The maintenance guarantee shall consist of the form of security acceptable pursuant to N.J.S.A. 40:55D-53b. In addition, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, the developer shall post with the Township, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements; stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
(2)
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
(3)
Prior to the release of any performance guarantees, the obligator shall file with the Township Engineer an as-built plan and profiles of all utilities and roads constructed in the development, with a certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer. Three black-and-white prints and a Mylar copy shall be filed. The obligator shall also file with the Township Engineer the surveyor's monument certification; signed and sealed as-built construction plans; and, if not previously provided, deed(s) of dedication for roads, detention basin lots, open space areas, easements or other land areas to be dedicated to the Township all of which shall be subject to review and approval by the Township Engineer and Township Attorney.
(4)
Whenever the Township is requested to accept dedication of properties to be maintained for detention or retention basin purposes which will result in the Township having to expend funds in the future for the maintenance of such properties, the Township shall, unless otherwise determined by the Township Committee, require that the property owner dedicating such property post with the Township funds which will defray the estimated costs of maintenance for a ten-year period.
(5)
The Township Engineer shall calculate the maintenance cost.
(6)
The estimated maintenance cost contribution for the ten-year period shall be deposited with the Township Clerk at the time other maintenance guarantees are posted for the project or acceptance of the lot by the municipality, whichever shall occur first.
M.
If the property or any part of same is sold, or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an assignment of developer’s agreement, and new performance or maintenance guarantees shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Building Department an application for a permit update to notify the Building Department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Building Department. The Building Department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor developer has furnished adequate replacement performance or maintenance guarantees and assignment of developer’s agreement.
N.
Inspection fees.
(1)
Inspection fees. The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amount set forth in Subsection N(1)(a) and (b) of this subsection. The Township may require of the developer a deposit for the inspection fees in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements estimated pursuant to N.J.S.A. 40:55D-53.4 of the Municipal Land Use Law; and
(b)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under this section. For those developments for which the reasonably anticipated fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees.
(2)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection N(1)(a) and (b) is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
§ 190-53 Final approval of major subdivision.
A.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established for final approval, the conditions or preliminary approval, and the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that in the case of a planned unit development, the Planning Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval. Before consideration of the final subdivision plat by the Planning Board, the subdivider or owner shall submit a plat entitled "Final Construction Plans and Profiles," showing all utilities and construction, their exact location and elevation based upon USCG data.
[Amended 12-27-2005 by Ord. No. O-05-48; 12-22-2015 by Ord. No. O-15-26]
B.
Final approval shall be granted or denied within 45 days of the date upon which the application is deemed complete or within such further time as may be consented to by the applicant. Failure of the Township agency to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the Township agency to act shall be issued on request of the applicant, 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 officer for purposes of filing subdivision plats.
C.
Whenever review or approval of the application by the Monmouth County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3) the Township agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D.
The subdivider shall submit the following to the administrative officer for final approval at least 45 days prior to the expiration date of the three-year period following preliminary approval by the Township agency and within the appropriate time prior to the next regular meeting of the Township agency that granted preliminary approval in accordance with the regulations and rules of that agency:
(1)
Three completed application forms for final plat approval.
(2)
Two translucent tracing cloth copies of such final plat, prepared in accordance with the requirements of § 190-61 of this chapter.
(3)
Two opaque cloth plats thereof and 12 black-on-white copies.
(5)
The final plat, final plans and final as-built plans on a three-and-one-half-inch disk(s) in a .dxf CADD format.
E.
The administrative officer shall transmit the final plat copies four weeks prior to the next regular meeting of the reviewing board to the following:
[Amended 12-27-2005 by Ord. No. O-05-48]
F.
The subdivider may request final approval of the plat by section and/or sections wherein the performance guarantee posted therefor. The Planning Board shall approve each section if same complies with this chapter. An approved section plat shall give the subdivider all those rights in regard to the section as if the entire plat has been approved.
§ 190-54 Effect of final approval of major subdivision.
[Amended 12-22-2015 by Ord. No. O-15-26]
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer therefrom, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and in the case of subdivision has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Requests for extensions shall be filed at least 60 days prior to the expiration date. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
§ 190-55 Recording of final approval of major subdivision; filing of all subdivision plats.
A.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
[Amended 12-22-2015 by Ord. No. O-15-26]
B.
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the reviewing board as indicated on the instrument by the signature of the Chairman and Secretary of the reviewing board. The signatures of the Chairman and Secretary of the reviewing board shall not be affixed until the developer has posted the guarantees required by this chapter and executed the developer's agreement. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the Township, the plat shall be expunged from the official records.
§ 190-56 Selling before approval; penalty; suits by Township.
A.
If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such persons shall be subject to a penalty as stated in Chapter 1, Article II, General Penalty, and each lot disposition so made may be deemed a separate violation
[Amended 5-23-2006 by Ord. No. O-06-16]
C.
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 developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense, and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
§ 190-57 Certificates showing approval; contents.
A.
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq. may apply in writing to the administrative officer for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such 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.
B.
The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The administrative officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "Certificate as to Approval of Subdivision of Land," and shall certify:
(1)
That there exists in the Township a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.
(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 such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirements of approval as provided in this act.
D.
The administrative officer shall be entitled to demand and receive for such certificate issued a fee equal to those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected and all other fees collected by the administrative officer shall be paid by him or her to the Township Treasurer.
§ 190-58 Right of owner of land covered by certificate.
A.
Any person who shall acquire for a valuable consideration an interest in the 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 Township pursuant to the provisions of § 190-56 of this chapter.
B.
If the administrative officer fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to § 190-56 of this chapter.
C.
Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the administrative officer and the Township shall be bound thereby to the same extent as though the same were addressed to the administrative officer.
§ 190-59 Condominiums and cooperative structures and uses.
A.
This chapter and all development regulations pursuant thereto shall be construed and applied with reference to the nature and use of a condominium or cooperative structures or uses without regard to the form of ownership.
B.
All requirements of this chapter are equally applicable to all buildings and improvements of the same kind under the condominium or cooperative corporate form of ownership. No approval pursuant to this chapter shall be required as a condition precedent to the recording of a condominium master deed or the sale of any unit therein unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner had such lands not been under the condominium form of ownership. Any condominium development, however, shall be subject to N.J.S.A. 46:8A-1 et seq. and 46:8B-1 et seq.
§ 190-60 Plat details.
A.
No plat shall be accepted for consideration unless it fully conforms to the following requirements as to form, content, and accompanying documentation and complies with all provisions of N.J.S.A. 46:23-9.1 to N.J.S.A. 46:23-9.8.
B.
All plats submitted for review and approval shall be neatly bound in order and shall conform with one or more of the following standard sheet sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, 30 inches by 42 inches, except for final construction profiles which shall be 24 inches by 36 inches.
C.
Plat maps shall be drawn at a scale as follows:
(1)
Subdivisions with lots 80,000 square feet or larger: not less than one inch equals 100 feet except where sanitary sewer and water are provided, then the minimum scale shall be one inch equals 50 feet.
(2)
Subdivisions with lots 20,000 to 80,000 square feet: not less than one inch equals 50 feet.
(3)
Subdivisions with lots less than 20,000 square feet: not less than one inch equals 40 feet.
(4)
Site plans shall be at a scale of not less than one inch equals 30 feet except that the Township Engineer may recommend to the board a scale greater than one inch equals 30 feet where the Engineer deems that such scale will not impair proper review of required site plan details.
(5)
Construction/grading details shall be at a scale of one inch equals 50 feet or less as directed by the Township Engineer.
§ 190-61 Preliminary plat.
The details of the preliminary plat shall conform with the requirements and specifications set forth in the Preliminary Major Subdivision Completeness Checklist as adopted by § 190-4B(5).
§ 190-62 Final plat.
The final plat shall be drawn in ink on Mylar or tracing cloth at a scale in accordance with § 190-60 and in compliance with all the provisions of N.J.S.A. 46:23-9.1 to 46:23-9.8. The final plat to be titled "Final Plat," shall show, be accompanied by, and conform to the requirements and specifications set forth in the Final Major Subdivision Completeness Checklist as adopted by § 190-4B(6).
§ 190-63 Sales map.
A.
Items to be on file.
(1)
Except for minor site plan and minor subdivision, a developer who has obtained final approval shall maintain a sales office upon the issuance of the first construction permit and display therein in a prominent fashion the following:
B.
The sales map shall be based upon the final plat as well as official Tax Map information at a scale of not less than 100 feet to the inch. The map shall show the development plan and all land contiguous thereto for a distance of 2,000 feet within or without the Township.
C.
The sales map shall clearly show and include for that area within 2,000 feet of the development unless a farther distance is set forth herein the following information:
(1)
The location of connector streets to the proposed streets within the development.
(2)
The location of all state, county, and municipal roads, both in existence and/or proposed by any governmental agency having jurisdiction to establish such roads. If any such roads are evidenced upon the Township Master Plan or Monmouth County Master Plan or State Transportation Master Plan, the same shall be indicated upon the sales map.
(3)
The location of all railroads rights-of-way, airports, and airport runways, overhead easements for transmission of power or otherwise, rights-of-way for public utilities, and location of public utility plants.
(4)
The location of all sanitary land fill operations within 3,000 feet of the development which are in existence, proposed or which have been closed.
(5)
The location of all schools, parks, playgrounds, open space and public buildings.
(6)
The location of all streams, ponds, floodplains and watercourses.
D.
All zoning restrictions or improvements applicable to the development shall be shown with notation as to which restrictions have been waived, relaxed or varied by a Township agency.
E.
All contiguous property to the tract shall have prominently displayed thereon the zoning district classification, whether such property is within or without the Township as well as any Township restrictions on construction of accessory structures.
F.
There shall be displayed upon said sales map a reasonable estimate of the amount of municipal taxes to be levied upon the proposed property to be sold in the upcoming year.
G.
The location of all detention and/or retention basin areas; a notation concerning whether or not fencing will enclose the area and, if so, the type and location of the fencing; a notation concerning what entity shall have responsibility for maintaining the area.