Ventnor City City Zoning Code
ARTICLE XX
Subdivision Review
§ 102-130 Purpose.
Subdivision review is provided for in the Municipal Land Use Law (N.J.S.A. 40:55D-37). Such review makes it possible for the Planning Board to ensure development which is consistent with the Zoning Ordinance and Master Plan. It permits the Board to review developmental layout, street design, water drainage and sewerage adequacy, flood hazards and protection/conservation measure. It also makes possible provisions for off-tract improvements and, in the case of planned developments, promotes flexibility. In short, subdivision review establishes rules and standards for division of laws within Ventnor City in order to promote health, safety, convenience and general welfare.
§ 102-131 Approval required.
§ 102-132 Submission of application and related items.
An applicant for subdivision of land shall submit to the Secretary of the Planning Board 15 copies of an application for subdivision, the required application fee (see Article XXIV, § 102-160) and 15 copies of a sketch plat containing the information outlined in § 102-135D(1)(a), (b), (c), (d), (e), (f), (i) and (j) of this article 21 days prior to a regular meeting of the Planning Board.
§ 102-133 Classification of subdivision.
A.
A subdivision committee may be established at the discretion of the Planning Board members. Such committee shall review and classify subdivision applications as provided within this chapter. The committee shall be created as defined in § 102-11 of this chapter. In the absence of such committee, these classifications shall be made by the Board Solicitor.
B.
The Subdivision Committee of the Planning Board shall review the plat prior to the regular meeting and shall classify the subdivision as a minor, exempt or major subdivision, as defined in this chapter. Subdivisions failing to receive a unanimous vote as minor or exempt shall be considered major.
§ 102-134 Action by Planning Board.
The Subdivision Committee shall report its recommendations and comments on each application to the Planning Board at its next regular meeting. The Board shall have the right to approve or change the classification by majority vote.
§ 102-134.1 Action by Subdivision Committee, "by-right."
[Added 10-28-2021 by Ord. No. 2021-21]
The Subdivision Committee shall have the jurisdiction to approve all "by-right" subdivisions without Planning Board notice and approval with assistance from the Board Engineer and Planner and Solicitor as required. "By-right" must be a minor subdivision and not include any variances or new streets.
§ 102-135 Minor subdivision.
A.
Approval or rejection. If a subdivision is classified as a minor subdivision, the Planning Board shall have the authority to approve immediately or to forward copies of the plat to City offices or consultants for review. Upon completion of that review and within 45 days of receipt of the completed application, the Board will approve, conditionally approve or reject the request. If approved, a notation to that affect shall be made upon the plat and shall be signed by the Planning Board Chairman and the Secretary of the Planning Board and returned to the applicant. If rejected, the reasons shall be noted upon all copies of the application form, and one copy shall be returned to the applicant.
B.
Filing with county recording office. If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960[1] shall be filed with the county recording office within 90 days of approval. The City Clerk will be furnished with proof of such recording within the approval period. Failure to file within this period shall void said approval. For good and sufficient reasons, the Board of Commissioners may extend the time limit for filing for an additional 90 days.
[Amended 7-5-1990 by Ord. No. 9015]
[1]
Editor's Note: See N.J.S.A. 46:26B-l et seq.
C.
Lands resulting from minor subdivisions. Any lands, lots or parcels resulting or remaining from a minor subdivision may not be submitted as a minor subdivision for 24 months from the date of initial approval.
D.
Minor subdivision submission.
(1)
The applicant shall submit 15 copies of a plat signed and sealed by a licensed land surveyor and based upon the Tax Map information or other accurate base at a scale of one inch equals 50 feet. It shall include the following:
(a)
A key map showing the entire subdivision in relation to the surrounding area and roadway system.
(b)
All existing structures within the parcel to be subdivided and within 200 feet of said parcel.
(c)
The name and address of the owner and the name of all adjoining property owners as disclosed by the most recent municipal tax records.
(d)
The Tax Map sheet, block and lot numbers.
(e)
All existing and proposed streets and easements, including public utility easements, within or adjoining the proposed subdivision with right-of-way widths clearly indicated.
(f)
The dimensions of all proposed lot lines of all new lots being created and parcels being retained, and any existing lot lines to be eliminated by the proposed subdivision shall be clearly indicated.
(g)
Location, size and direction of flow of all streams, brooks, lakes, watercourses, drainage structures and drainage ditches in the area to be subdivided and within 200 feet of the proposed subdivision.
(h)
North arrow, scale at which the plat is drawn and date of preparation.
(i)
Acreage of the entire tract and of new parcels being proposed.
(j)
Number of new lots being created.
(k)
The name and address of the owner, subdivider and person preparing the plat.
(l)
The classification of the zoning district or districts in which the proposed subdivision is located.
(m)
The location of any proposed open space or recreation areas.
(2)
The submission shall be accompanied by a certification from the City Tax Collector that all taxes are paid to date.
§ 102-136 Major subdivision.
B.
Preliminary submission. An applicant for preliminary major subdivision review and approval shall submit 15 copies of the preliminary plat clearly drawn and accurately reproduced at a scale of one inch equals 50 feet, designed and drawn by a professional engineer or land surveyor, along with 15 copies of a completed application for preliminary approval and the appropriate fee (see Article XXIV, § 102-160) to the Planning Board Secretary at least 21 days prior to the regular Planning Board meeting.
C.
Required information.
(1)
The preliminary plat shall show or be accompanied by the following information:
(a)
All of the information requested in § 102-135D of this article. In the event that site plan and subdivision approval are sought simultaneously, information need not overlap.
(b)
The proposed street pattern in the subdivided area, the distance to the nearest existing developed area and the relationship of the parcel to existing roadways.
(c)
Profiles and cross sections of proposed streets and of existing roadways abutting the subdivision. Cross sections shall show type and width of paving, location and type of curb, location of sidewalks, existing or proposed sight triangles at intersection and radii of curb lines.
(d)
Elevation contours at two-foot intervals, referenced to United States geologic datum.
(e)
Boundaries of floodplain and wetlands areas as shown on flood insurance rate maps and State Department of Environmental Protection CAFRA maps.
(f)
Location and extent of drainage or conservation easements and stream encroachment lines.
(g)
Plans and computations for storm drainage.
(h)
Location of underground or surface utilities.
(i)
Soil borings as may be required by the Municipal Engineer.
(j)
A list of off-tract improvements required for subdivision completion.
(2)
The application and preliminary plan shall be accompanied by a letter of intent stating the following information:
D.
Preliminary review and approval process.
(1)
Upon receipt of the plat and accompanying exhibits, the Planning Board will distribute copies of the preliminary plat and attached exhibits to the City Engineer, the City Conservation Official, the City Planner, the County Planning Board and any other official or agency who may be affected by the proposed subdivision.
(2)
Officials and agencies cited in Subsection D(1) above shall forward reviews and recommendations, in writing, to the Planning Board within 30 days of receipt. During the same time period, the Subdivision Committee shall review the plat for completeness and shall notify the developer of its findings within 45 days. In reviewing the subdivision request, the Planning Board shall be guided by standards set forth within various zoning districts (see Articles IV to XVII) and by the additional standards established in Article XXI.
(3)
Approval by Planning Board.
(a)
After all comments have been received and after a public hearing pursuant to § 102-159 of Article XXIII of this chapter and if no substantial amendments have resulted from the review hearing, the Planning Board shall:
[1]
For subdivision of 10 or fewer lots, grant or deny preliminary approval within 45 days of the date or submission of a completed application or within such further time as may be consented to by the developer.
[2]
For subdivision of 10 or more lots, grant or deny preliminary approval within 95 days of the date of receipt of a completed application or within such further time as may be consented to by the developer.
[3]
In both Subsection D(3)(a)[1] and [2] above, approval may be conditioned upon receipt of required county or state approvals.
(b)
If substantial amendments have been made, the amended application shall be treated as an original application.
(4)
In the case of planned developments, the Planning Board shall find that the development conforms with the design, density, recreational and environmental standards established by ordinance for planned developmental districts.
E.
Effect of preliminary approval.
(1)
The general terms and conditions on which preliminary approval was granted shall not be changed, except the municipality may, by ordinance, modify such general terms and conditions as relate to public health and safety.
(2)
The applicant may submit for final approval the whole section of the preliminary plat or plan.
(3)
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. Variances granted pursuant to § 102-156 of this chapter in conjunction with subdivision approval shall be valid for the same time period as the subdivision approval.
(4)
In the case of a subdivision of or a site plan for an area of 50 acres or more, the Planning Board may grant the above rights for such period of time longer than three years as shall be determined by the Planning Board, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(5)
If the Planning Board acts favorably upon a preliminary plat, the Chairman and Secretary of the Board shall affix their signatures to the plat with a notation that it has received preliminary approval and shall return the same to the subdivider for compliance with final approval requirements. Where conditional approval is granted, the Chairman and the Secretary of the Board shall affix their signatures to the plat only where all conditions required for approval have been met.
F.
Final subdivision. An application for final approval shall be submitted to the Planning Board within three years of the date of preliminary Planning Board approval. The application in triplicate and the appropriate fee (see Article XXIV, § 102-160) shall be accompanied by one original tracing, one translucent cloth copy and 15 black and white prints at a scale of one inch equals 50 feet and shall be submitted to the Planning Board Secretary at least 21 days prior to the regular meeting of the Planning Board.
G.
Required information. The final plat shall include all of the information requested in Subsection C of this section and shall additionally incorporate all changes or modifications required by the Planning Board, including conditions of preliminary approval. The plat shall be accompanied by the following:
(1)
A letter from the applicant stating that no changes other than those noted on the plat have occurred.
(2)
A letter from the City Engineer indicating that the applicant has completed the installation of all improvements in accordance with the requirements of this chapter or posted with the City Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements required, as estimated by the applicant's engineer and approved by the City Engineer.
(3)
A letter from the Fire Department, signed by the Chief, stating that water lines and fire hydrants are adequate for fire protection.
(4)
A letter from the City Tax Collector certifying that all taxes have been paid to date.
H.
Final review and approval process. Upon receipt of the final plan and application, the Planning Board Secretary shall distribute copies for review to those designated by the Planning Board. Within 45 days of receipt of a completed application or within such further time as may be mutually agreeable, the Planning Board shall act to grant or deny approval. If the Planning Board approves, a notation to that effect shall be made on each plat and shall be signed by the Chairman and Secretary. Failure to act within the allotted time shall be deemed favorable approval.
I.
Filing. Final plat approval shall be filed by the subdivider with the county recording office within 90 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause, the Board of Commissioners may extend the time for filing of the plat for an additional period not to exceed 90 days.
J.
Effect of final approval.
(1)
Once a plat has been approved and filed within the prescribed time period, the terms and conditions of that approval shall not be changed for a period of two years from the date of approval. The Planning Board may extend the two-year limit for a period of one year. Such extensions shall not be granted more than three times. Variances granted pursuant to § 102-156 of this chapter in conjunction with subdivision approval shall be valid for the same time period as the subdivision approval.
(2)
Planned unit developments of over 50 acres may receive a longer period of time than two years at the discretion of the Planning Board, depending upon the economic conditions and degree of comprehensiveness.