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Toms River City Zoning Code

§ 348-6.5

Minor subdivisions.

A. 
Required documents. Prior to the issuance of a certificate of completeness or scheduling of a minor subdivision for consideration by the Classification Committee, the Administrative Officer shall determine that the following has been submitted in proper form:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate should confirm that the owner of the premises in question is the owner as shown on the plat.
(2) 
Application for final Ocean County Planning Board approval.
(3) 
Application for Toms River Municipal Utilities Authority approval.
(4) 
Application for a floodplain encroachment, where required.
(5) 
Application for municipal and/or state wetlands approval, where required.
(6) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(7) 
The application for development for a minor subdivision shall include a request for the granting of any variances required or other approval required from the Planning Board.
(8) 
Required application fees.
(9) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified below:
(a) 
All dimensions, both linear and angular, of the exterior boundaries of the subdivision. All lots and lands reserved or dedicated for public use shall balance and their descriptions shall close within a limit of error of not more than one part in 10,000.
(b) 
The minor subdivision shall be based upon a current boundary survey certified to by the subdivider and prepared or recertified not less than 12 months prior to the date of application.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Minor Subdivision."
(b) 
Name of the subdivision, if any.
(c) 
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d) 
Acreage of the tract being subdivided to the nearest tenth of an acre.
(e) 
Names and addresses of owner and subdivider so designated.
(f) 
Date of original and all revisions.
(g) 
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map and made the survey. The plat shall bear the embossed seal of said engineer and/or land surveyor.
(3) 
Detailed information.
(a) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(b) 
The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Toms River, or of the municipality of which the property is a part.
(c) 
All zone boundaries and Tax Map sheet, lot and block numbers, existing streets and watercourses within 200 feet of the boundaries thereof, and both the width of the paving and the width of the right-of-way of each street, existing public easement and Township border within 200 feet of the subdivision.
(d) 
All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.
(e) 
All proposed public easements or rights-of-way and the purposes thereof.
(f) 
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(g) 
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.
(h) 
North arrow.
(i) 
Written and graphic scales.
(j) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(3)(j), which required a copy of applicable covenants or deed restrictions or proof that none existed, was repealed 9-14-1982 by Ord. No. 2116.
(k) 
Proposed lot and block numbers approved by the Township Engineer.
(l) 
Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the application for classification and approval as a minor subdivision.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, which required that minor subdivision applications be referred to the Classification Committee, was repealed 2-9-1982 by Ord. No. 2068.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, which dealt with the vote of the Classification Committee on minor subdivision applications and subsequent referral to the Planning Board for public hearing, was repealed 2-9-1982 by Ord. No. 2068.
E. 
Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Classification Committee or the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:
(1) 
Installation of or posting of performance guaranties for the installation of any improvements required by the Planning Board.
(2) 
Proof of payment of any outstanding real estate taxes.[4]
[Added 6-11-1985 by Ord. No. 2329-85]
[4]
Editor's Note: Former Subsection E(2), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2088.
(3) 
Ocean County Planning Board approval, if not previously granted.
(4) 
Toms River Sewerage Authority approval or waiver of sewer requirements, if not previously granted.
(5) 
Payment of the required reproduction fee.
(6) 
Submission of additional prints of the plat map and attachments for distribution, if required.
(7) 
Publication of a notice of the decision by the applicant.
(8) 
Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.
(9) 
When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
[Added 5-22-1984 by Ord. No. 2244-84]
(10) 
Any minor subdivision approval shall expire unless the plat or deed describing the subdivision is filed as provided with the county recording officer within 190 days of the date of the resolution of approval or such further time in accordance with § 348-3.1J(1)(d) herein.
[Added 5-13-1992 by Ord. No. 2911-92]
(11) 
Proof of filing of a developer's agreement in the Ocean County Clerk's Office. Prior to filing, the developer must execute the agreement with the Township governing body to guarantee the installation of improvements.
[Added 12-9-2003 by Ord. No. 3843-03]
F. 
Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Classified and approved as a minor subdivision by the Toms River Township Planning Board on ________________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Ocean County on or before ________________, which date is 190 days after approval as a minor subdivision by the Toms River Township Planning Board
______________________
Secretary
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer that the conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant for filing.
G. 
Filing of approved plat. If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the county recording officer a deed or an approved minor subdivision plat, drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 190 days or such further time as provided in accordance with § 348-3.1J(1)(d) from the date of approval by the Planning Board. The applicant shall, within one week after filing the subdivision, notify, in writing, the Township Engineer of the date of the filing of the subdivision with the county recording officer and the case and sheet or page number for the filed plat or deed. A duplicate tracing of the filed map or copy of the deed indicating thereon the filing date shall be obtained from the county recording officer by the Township Engineer, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire.
[Amended 2-9-1982 by Ord. No. 2008; 5-13-1992 by Ord. No. 2911-92]