This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the City of Long Branch."

The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the City of Long Branch in order to promote the public health, safety, convenience and general welfare of the City. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.

[Amended 10-27-1998 by Ord. No. 36-98]

The provisions of this chapter shall be administered by the Planning Board in accordance with N.J.S.A. 40:55D-25, 40:55D-37, 40:55D-47 and 40:55D-48, with the supplements thereto.

A. Whenever a term is used in this chapter which is defined in the Municipal Land Use Law, such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter

B. As used in this chapter, the following terms shall have the meanings indicated:

DRAINAGE RIGHT-OF-WAY -- The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1A of Title 58 of the Revised Statutes. [Amended 10-27-1998 by Ord. No. 36-98]

FINAL PLAT -- The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

LOT -- A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease or separate use.

MAJOR SUBDIVISION -- All subdivisions not classified as minor subdivisions.

MASTER PLAN -- The Master Plan of the City as adopted by the Planning Board, including all amendments and supplements duly adopted.

MINOR SUBDIVISIONS -- A subdivision of land for the creation of a number of lots, not to exceed three, provided that each subdivision does not involve:

(1) A planned development;

(2) Any new street;

(3) Any property which was formerly part of a tract for which subdivision approval had been granted, provided that such previous subdivision approval was less than three years prior to the present application; or

(4) The extension of any off-tract improvement the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.

OPEN SPACE/RECREATION -- (See Chapter 345, Zoning, §§345-11X and 345-18.)

OWNER -- Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PERFORMANCE GUARANTY -- Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plan, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PLAT -- The map of a subdivision.

PRELIMINARY PLAT -- The preliminary map, indicating the proposed layout of the subdivision, which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of §300-10.

SITE PLAN -- A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.

(1) SITE PLAN, MAJOR -- Any site plan not determined to be a minor site plan under Subsection (2).

(2) SITE PLAN, MINOR -- Any development plan for one or more lots which is (are) subject to development which:

(a) Requires site plan approval;

(b) In the opinion of the Board's Site Plan Committee, the submitted project is of such a simplistic nature as to merit consideration as a minor site plan;

(c) Meets the requirements set forth in Chapter 345, Zoning, Article IV, Zone District Use Regulations, and contains the information reasonably required in order to make an informed determination as to whether the Board's requirements for approval of a minor site plan have been met; and

(d) Meets the following conditions:

[1] The construction of drainage facilities is not required either on- or off-site;

[2] The proposed development conforms to the performance standards set forth in Chapter 345, Zoning, §345-48, Environmental standards.

[3] The proposed development does not involve planned development,

[4] The proposed development will not require the issuance of a Coastal Area Facilities Review Act permit;

[5] The proposed development does not involve any new street or the extension of any existing street;

[6] The proposed development does not involve the extension or construction of any off-tract improvement;

[7] The proposed development, if new construction, requires 10 parking spaces or less; or if a change of use of an existing facility or addition to an existing facility and less than five spaces are required; and

[8] The proposed development consists of new construction or an addition, either of which are less than 1,000 square feet. If the proposed development was part of a parcel, tract, lot or portion thereof for which minor site plan approval had been granted within three years prior to the present application, and the total accumulated square footage of the prior minor site plan application or applications equaled 1,000 square feet or more than the present application, it shall be considered a major site plan.

SKETCH PLAT -- The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §300-10.

STREET -- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway; or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. A street shall be deemed to include all the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:

(1) MAJOR STREETS -- Shall be as shown on the Master Plan of the City.

(2) COLLECTOR STREETS -- Those which connect minor and major streets, provide access to community facilities and are primarily intended for the use of neighborhood traffic. Such streets should be as designated by the Planning Board in reviewing each subdivision application.

(3) MINOR STREET -- That which is used primarily for access to abutting land.

(4) MARGINAL ACCESS STREET -- One which parallels and is contiguous to a major street and is designed to provide access to abutting land.

SUBDIVIDER -- Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land for himself or for another.

SUBDIVISION

(1) The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(a) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.

(b) Divisions of property upon court order, including but not limited to judgments or foreclosure.

(c) Divisions of property by testamentary or intestate provisions.

(d) Divisions of existing lots by deed or other recorded instrument.

(e) The 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 administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the City.

(2) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE -- A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.

A. Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of c. 291, P.L. 1975, as amended, shall be filed with the Secretary of the Planning Board. The applicant shall file at least 31 days before the date of the monthly meeting of the Board 14 black- or blue-on-white or white-on-blue prints of the plat of the proposed subdivision, together with three completed application forms, for classification and approval by the Subdivision Committee or the Board.

B. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file 14 copies of all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board. The applicant shall obtain all necessary forms from the Secretary of the Planning Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.

C. No application for development within the jurisdiction of the Planning Board shall be acted upon unless and until it is determined to be completed in every respect, pursuant to N.J. S.A. 40:55D-10.3, including but not limited to necessary supporting data, papers, certificates, plans and fees and all other items set forth on the Long Branch development application checklists dated February 1, 2006, incorporated herein by reference. Any applicant for development shall be given a copy of the aforesaid checklists upon request for a development application. He may seek waiver of any of the aforesaid provisions pursuant to the aforesaid statute. [Amended 4-11-2006 by Ord. No. 9-06]

A. Classification of sketch plat. If classified and approved as a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect will be made on the plat. In the event that the same is not approved by unanimous action of the Subdivision Committee, then it shall be referred to the full Planning Board. In the event that the same is not approved by a majority vote of the Planning Board, then, in that event, the Secretary of the Planning Board shall, within three days of such action, notify the subdivider personally or by certified mail of such disapproval and the reasons therefor.

B. Certification of sketch plat. After classification and approval as a minor subdivision by either the Subdivision Committee or the full Planning Board, the Chairman and Secretary of the Planning Board shall certify the classification and approval to the plat, indicating the date upon which the plat was classified and approved as a minor subdivision. Before returning a signed copy to the subdivider, the Secretary of the Planning Board shall forward one copy of such approved plat to the City Clerk. Within one week following the date of classification and approval, the Secretary of the Planning Board shall return one copy of the plat to the subdivider, signed by the Chairman and Secretary of the Planning Board and the City Clerk.

C. Distribution of sketch plat. Before returning a signed copy to the subdivider, the Secretary of the Planning Board shall forward one copy of such approved plat to each of the following:

(1) City Clerk.

(2) City Engineer.

(3) Construction Code Official.

(4) Tax Assessor.

(5) County Planning Board.

D. Filing of sketch plat. Either a deed description or a plat map drawn in compliance with N.J.S.A. 46:23-9.9 shall be filed by the subdivider with the county recording officer within 90 days from the date of the return of the approved sketch plat. [Amended 10-27-1998 by Ord. No. 36-98]

E. Time.

(1) Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the City Engineer, the Construction Code Official and the City Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.

(2) 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 plats.

F. Bond and fees. Prior to the final approval of the application, the subdivider, where required, shall post with the City Clerk a performance guaranty as required by §300-11 and shall post with the Director of Finance a fee for engineering inspections equal to 7% of the estimated cost of the improvements, as determined by the City Engineer. This fee shall be in addition to the amount of the performance guaranty and all application fees. Upon completion of the development and all inspections, and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the subdivider with the exception of an amount not to exceed 1% of the cost of the required improvements, which shall be held and used for inspection during any applicable maintenance period of said improvements. Any of these funds remaining at the time of release of the maintenance bond shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Director of Finance Each additional deposit shall be in amounts not to exceed 50% of the initial deposit. The City Clerk and Finance Director shall provide the developer with a certificate indicating compliance with the requirements for submission to the Planning Board for attachment to the application.

A. Classification of sketch plat. Any owner or subdivider of land within the City may, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Secretary of the Planning Board, 14 black- or blue-on-white or white-on-blue prints of the sketch plat of the proposed subdivision for purposes of classification, and if the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedure in Subsection B below.

B. Submission of preliminary plat of major subdivision for preliminary approval.

(1) At least 14 black- or blue-on-white prints or white-on-blue prints of the preliminary plat, together with three completed application forms for approval of the preliminary plat, shall be submitted to the Secretary of the Planning Board at least 31 days prior to a regular meeting of the Planning Board. The application shall be accompanied by a letter, in triplicate, on a form prescribed by the Attorney, saving the City and its officers and engineer harmless for any loss due to damages resulting from the grading, drainage or development of the property.

(2) At the first meeting following the filing of a complete application, the Planning Board shall set the time and place for a public hearing on the application. The subdivider shall notify all property owners within 200 feet of the extreme limits of the subdivision(s) as in Chapter 69, Land Use Procedures, §69-31, Notice requirements for hearing, in such manner as required by N.J.S.A. 40:55D-12.

(3) Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board to the following persons, upon receipt of the same. They shall report, in writing, to the Planning Board any comments they have within 21 days of receipt of such plans:

(a) Secretary of County Planning Board.

(b) City Engineer.

(c) Secretary of Board of Health.

(d) City Clerk and such other municipal, county or state officials as directed by the Planning Board.

(e) Tax Assessor.

(f) Construction Code Official.

(g) Long Branch Sewerage Authority.

(h) Long Branch Traffic Safety Officer.

(i) Long Branch Fire Department.

(4) Upon submission of a complete application for subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon 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 of such submission 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 for the subdivision. In no case shall the Planning Board act before the expiration of the twenty-day period within which the County Planning Board may submit a report on the subdivision. In all cases the recommendations of the County Board shall be given careful consideration in the final decision of the local Planning Board. If the County Planning Board has approval of the local authority pursuant to N.J.S.A. 40:55D-37, its action shall be noted on the plat and returned with the plat, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Planning Board or the County Planning Board disapproves a plat, the person submitting the plat shall be notified, including a statement of the reasons for disapproval, within 10 days of the action of the Planning Board. If the approval is required by any other officer or public body, the same procedure as applied to submission and approval by the County Planning Board shall apply. [Amended 10-27-1998 by Ord. No. 36-98]

(5) If the Planning Board acts favorably on a preliminary plat, a notation to that effect, signed by the Chairman and Secretary of the Planning Board, shall be made on the plat, and the plat shall be returned to the subdivider for compliance with final approval requirements.

(6) Preliminary approval shall confer on the applicant the following rights for a three-year period from the date of approval:

(a) That the general terms and conditions upon which the preliminary approval was granted will not be changed.

(b) That the applicant may submit on or before the expiration date the whole or part or parts of the plat for final approval.

(7) After the preliminary approval of the applications, the subdivider shall post with the City Clerk a performance guaranty as required by §300-11 and shall post with the Director of Finance a fee for engineering inspection equal to 5% of the estimated cost of the improvements, as determined by the City Engineer. This fee shall be in addition to the amount of the performance guaranty and all application fees. Upon completion of the development and all inspections, and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Director of Finance. Each additional deposit shall be in amounts not to exceed 50% of the initial deposit. The City Clerk and Finance Director shall provide the subdivider with a certificate indicating compliance with the requirements for submission to the Planning Board for attachment to the application.

(8) Open space/recreation. (See Chapter 345, Zoning, §§345-11X and 345-18.)