South Amboy City Zoning Code
ARTICLE X
Subdivision Approval Procedure
§ 53-52 Submission of sketch plat.
A.
Initial submission.
(1)
Any owner of land within the City of South Amboy, prior to subdividing or resubdividing land, as defined in this chapter, shall submit to the Secretary of the Planning Board, eight copies of a subdivision sketch plat prepared in accordance with Section 53-75, together with four copies of a subdivision application form, for classification purposes.
[Amended 4-3-85 by Ord. No. 1125]
(2)
The Secretary Planning Board at the time of filing the sketch plat shall immediately mark it filed, put a date on each copy and issue an application number. Once an application has been assigned a number, such number shall appear on all documents, maps and plats submitted for processing in conjunction with the proposed subdivision.
B.
Distribution.
(1)
The Planning Consultant shall examine the submitted plat to determine that plat's conformance with the requirements of this chapter and may file a written report of their findings and recommendations with the Secretary of the Board within the time period prescribed in Section 53-28.
(2)
No final action by the Planning Board shall be taken on a subdivision application until a written review has been received from the County Planning Board or expiration of the thirty-day review period, in which case the application shall be deemed to have been approved by the County Planning Board unless extended for an additional thirty-day period by mutual agreement of the Board, County Planning Board and applicant.
C.
(Reserved)
[Repealed 4-3-85 by Ord. No. 1125]
D.
If classified and approved as a minor subdivision by a majority vote of the members of the Planning Board present at the hearing, a notation to that effect and the signatures of the Chairman and Secretary will be affixed on the plat. The Board may condition such approvals pursuant to Sections 29, 29.1, 29.2, and 41 of the Act (N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53) and/or favorable review by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
E.
Two copies of the signed and approved plat shall be forwarded to the applicant within 10 days of approval of said application.
G.
The zoning requirements, terms and conditions, whether contingent 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.
§ 53-53 Submission of preliminary plat of major subdivision.
A.
Eight copies of the preliminary plat, prepared in accordance with Section 53-76, together with four copies of the completed application forms, shall be submitted to the approving authority Secretary. The Secretary of the Board shall forward a copy of the preliminary plat to the Planning Board consultant for review and comment, if deemed appropriate; however, the Planning Consultant shall examine such preliminary plat to determine the plat's conformance with the requirements of this chapter and shall file a written report of their findings with the Secretary of the Board.
[Amended 4-3-85 by Ord. No. 1125]
B.
(Reserved)
[Repealed 4-3-85 by Ord. No. 1125]
C.
If in the opinion of the Board the application for preliminary approval is complete, the applicant will be so advised and a date set for a public hearing required pursuant to N.J.S.A. 40-55D-1 et seq. The applicant shall provide notice of the hearing on the application for development in conformance with N.J.S.A. 40:55D-12 and Section 53-7 and shall file an affidavit of proof of service thereof with the Secretary of the Board prior to the hearing.
D.
The Planning Board shall take action after considering the results of the public hearing and the recommendations, if any, made by municipal, state and county officials or agencies, within the time period prescribed in Section 53-28, or the application for preliminary approval shall be deemed approved.
E.
If the Planning Board acts disfavorably on the application for preliminary approval, the applicant shall be so advised in conformance with Section 53-9.
F.
If the Planning Board requires any substantial amendment in the layout of improvements as proposed by the developer and that plan has been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development.
G.
If the Planning Board acts favorably on a preliminary plat, the Planning Board Chairman and Secretary shall affix their signatures to the plat with a notation that it has received preliminary subdivision approval, and a copy shall be returned to the applicant with instructions to proceed with final major subdivision approval requirements as prescribed in this chapter.
§ 53-54 Submission of final plat of major subdivision.
B.
An original tracing (2 copies) and eight copies of a final plat prepared in conformance with Section 53-77, together with four copies of the prescribed application forms, shall be submitted to the Board Secretary of the approving authority for final approval. The Secretary shall immediately forward a copy thereof to the Municipal Engineer and the Planning Consultant.
[Amended 4-3-85 by Ord. No. 1125]
C.
The Municipal Engineer shall examine the final plat to determine if, in his opinion, it is in all respects accurate and meets the requirements of this chapter and other applicable laws, in particular the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. (N.J.S.A. 46:26B-1 et seq.) The Municipal Engineer shall thereupon report his findings in writing to the Board.
D.
(Reserved)
[Repealed 4-3-85 by Ord. No. 1125]
E.
The final plat shall be accompanied by a written statement from the Municipal Engineer that he is in receipt of a map or maps showing all utilities in exact location and elevation, identifying all portions already installed, and that the applicant has complied with one or both of the following: installed all improvements in conformance with all requirements of this chapter or posted a performance guaranty with the Municipal Clerk in sufficient size and form and in conformance with Article XIV of this chapter to ensure the completion of all required improvements.
F.
The Board shall either approve or disapprove the application for final approval, after considering the recommendations made by municipal, state or county officials or agencies, within the time period prescribed in Section 53-28, or the application for final approval shall be deemed approved.
G.
If the final plat is approved by the approving authority, a notation to that effect shall be made on each plat and shall be signed by the Chairman and Secretary.
§ 53-55 Exemptions from subdivision regulations.
Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the Planning Board. Such action shall be taken following submission of documentation to the Planning Board showing the division of land for agricultural purposes where all resulting parcels are five acres or larger in size; divisions by testamentary or intestate provisions; divisions of property by court order; and conveyances so as to combine existing lots by deed or other instrument; and conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Zoning Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcel on the tax map or atlas of the municipality, as the case may be. Until exempted from the subdivision regulations by the approving authority, no person shall transfer, sell or agree to transfer sell, as owner or agent, any land which forms part of a subdivision for which approval is required.