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.
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]
(1) One cloth copy together with 10 copies of the plat prepared in accordance with the requirements of § 190-63 of this chapter.
(2) Three completed application forms for minor subdivision.
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.
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.
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:
(1) Township Engineer: one translucent copy and one print.
(2) Zoning Officer: one copy.
(3) Tax Assessor: one copy.
(4) Monmouth County Planning Board: one print.
(5) Environmental Commission: one copy.
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.
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]
(1) Three copies of the preliminary plat and application form for purposes of determining completeness by the administrative officer.
(2) Upon determination of completeness, 15 copies of said preliminary plat, together with 15 completed application forms for approval.
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.
H. (Reserved)
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. 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.
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.
A. As a condition of final subdivision approval, the Planning Board may require that the owner or subdivider:
(1) Submit a financial statement setting forth the assets and liabilities of the owner or subdivider 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 or subdivider 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 or subdivider 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:
C. A performance bond issued by a bonding or surety company approved by the Township Attorney as to form; 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 prepared by the Township Attorney, or such other security as may be approved by the Township Committee. 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. All performance guarantee amounts shall be computed, not only on the cost of installation of the particular improvements, but also on the cost of repair for any damage caused by the owner or subdivider to existing streets, for soil protection, for protection against removal of trees, and for repair of areas damaged by the owner or subdivider which remain incomplete and detrimental to the community after and in the event of abandonment of the project by the owner or subdivider. Nothing herein shall require that the Planning Board require all on-site improvements to be bonded. In appropriate circumstances, to be determined by the Planning Board upon advice from the Township Engineer, it is permissible as to on-site improvements which will not be dedicated to the public for the Planning Board to require performance guarantees in an amount sufficient to stabilize the site and protect the public health, safety and welfare in the event of abandonment of the project.
D. 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. If and in the event, the performance guarantee shall consist of a performance bond, it shall be 90% in the form of a performance bond executed by a surety company authorized to issue such performance bonds in the State of New Jersey and 10% cash or certified check. Said bond shall be approved as to form by the Township Attorney for which the owner or subdivider shall pay a fee to cover the approval of the performance guarantee.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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 improvement. The maintenance guarantee shall consist of any form of security acceptable to the Township Attorney within the general guidelines set forth for performance guarantees.
(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. [Amended 12-27-2005 by Ord. No. O-05-48]
(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.
N. 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. [Added 7-29-2014 by Ord. No. O-14-9]
