A. The final plat shall be submitted to the Secretary of the Planning Board for final approval within three years from the date of preliminary approval, and the Planning Board shall act upon the final plat within 45 days after the date of submission of a complete application for final approval to the Secretary of the Planning Board, or within such further time as the applying party may agree to.
B. The original tracing, on translucent cloth copy, two cloth prints, 14 black- or blue-on-white prints or white-on-blue prints and three copies of the application for final approval shall be submitted to the Secretary of the Planning Board at least 31 days prior to the date of a Board meeting.
C. The final plat shall be accompanied by a statement by the City Engineer that he is in receipt of a map showing all required improvements in exact location and elevation, identifying those portions already installed and those to be installed. The City Engineer shall subsequently provide the Planning Board with an estimate of the total cost of said improvements.
D. All plats which require County Planning Board approval pursuant to N.J.S.A. 40:55D-37 shall be forwarded to the County Planning Board for its action prior to final approval by the Planning Board. [Amended 10-27-1998 by Ord. No. 36-98]
E. If the Planning Board approves the final plat, such approval shall be noted on each plat, and the Chairman and Secretary of the Planning Board shall affix their signatures thereto.
F. Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Secretary of the Planning Board shall issue a certificate to that effect.
G. Appeals. (See Chapter 69, Land Use Procedures, §69-36B). [Amended 10-27-1998 by Ord. No. 36-98]
H. Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
(1) City Clerk.
(2) City Engineer.
(3) Construction Code Official.
(4) Tax Assessor.
(5) County Planning Board.
(6) Official issuing certificates for approved lots.
Final approval of a major subdivision shall expire 95 days from the date of signing of any plat unless within such period the final plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. No plat shall be accepted for filing by the county recording officer unless it has been duly approved by the City Planning Board and signed by the Chairman.
A. Sketch plat. A sketch plat shall be clearly and legibly drawn at a scale of not less than 100 feet to the inch and shall show or include the following information:
(1) A key map showing the location of the tract being subdivided in relation to the City street system.
(2) The present property lines of the entire tract being subdivided.
(3) All existing and proposed property lines, both within and immediately adjoining the tract.
(4) All buildings or structures and wooded areas within the limits of the area to be subdivided and on adjacent properties within 200 feet of all boundaries of the subject site.
(5) Sufficient elevations or contours to enable the Planning Board to determine the natural slope and drainage of the land, but in no case more than a five-foot contour interval.
(6) The right-of-way width on all streets adjoining the premises.
(7) The name of the owner and all property owners within 200 feet of the tract as disclosed by the most recent municipal tax records.
(8) The tax map sheet, block and lot numbers.
B. Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed professional engineer or a licensed professional planner. The plat shall be designed in compliance with the provisions of §300-14 and shall show or be accompanied by the following information:
(1) A key map showing the entire subdivision and its relation to surrounding areas.
(2) The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) Name and address of the record owner or owners.
(b) Name and address of the subdivider.
(c) Name and address of the person who prepared the map.
(3) Acreage of the tract being subdivided to the nearest 1/10 of an acre.
(4) Sufficient elevations or contours to determine the general slope and natural drainage of the land, and the high and low points and tentative cross-sections and center line profiles showing existing surface and proposed finished grades for all proposed new streets. All elevations shown shall be related to the United States Coast and Geodetic survey datum.
(5) The location of existing and proposed property lines, streets, easements, building lines, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations.
(6) Detailed plans and profiles of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, the plan of such system must be approved by the appropriate local, county or state health agency. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.
(7) A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(8) All buildings and structures and wooded areas within the limits of the area to be subdivided and on adjacent properties within 200 feet of all boundaries of the subject site.
C. Final plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all the provisions of N.J.S.A. 46:23-9.9. The final plat shall show or be accompanied by the following: [Amended 10-27-1998 by Ord. No. 36-98]
(1) Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
(2) Tract boundary lines and right-of-way lines of streets, street names, easements and other right-of-way land to be reserved or dedicated to public use and all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
(3) The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
(4) Each block and the lots within each block shall be numbered consecutively in a manner stipulated by the City Engineer.
(5) Minimum building setback line on all lots and other sites.
(6) Location and description of all monuments.
(7) Names of owners of adjoining unsubdivided land.
(8) Certification by an engineer or surveyor as to the accuracy of the details of the plat.
(9) Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(10) When approval of a plat is required by any officer or body of any other municipality, county or state, such approval shall be certified in writing on the plat.
(11) Certification from the Tax Collector that all taxes are paid to-date
(12) Existing and proposed contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope, with appropriate notation distinguishing between them.
(13) Plans and profiles of storm and sanitary sewers and water mains.
(14) All buildings or structures and wooded areas within the limits of the area to be subdivided and on adjacent properties within 200 feet of all boundaries of the subject site.
Prior to the granting of final approval, the subdivider shall have furnished performance guaranties for the ultimate installation of the following improvements. All of the listed improvements shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least five days prior to the start of construction. No underground installation shall be covered until approved and inspected by the City Engineer.
A. Topsoil protection. Topsoil moved during the course of construction shall be redistributed as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting and shall be governed by the ordinance of the City relative thereto.
B. Monuments. Monuments are to be of the size and shape required by N.J.S.A. 46:23-9.9, and shall be placed in accordance with said statute. [Amended 10-27-1998 by Ord. No. 36-98]
C. Sewers. Sanitary sewers designed in accordance with the regulations of the Sewage Authority shall be installed in a manner adequate to handle all present and probable future development.
D. Sidewalks. All streets shall be provided with concrete sidewalks at least four feet in width and four inches in thickness, except at driveways, where the sidewalk shall be at least six inches in thickness. Where a subdivision adjoins an existing street on one side only, the sidewalk shall be constructed only on that side. Where existing sidewalks are in disrepair, the applicant shall be required to repair, reconstruct or replace the same as directed by the boards.
E. Curbs. Curbs shall be constructed on both sides of all streets, shall be not less than 18 inches deep and six inches in width at the top and eight inches in width at the bottom and shall be constructed of a minimum concrete mixture of one part cement, two parts washed sand and three parts washed gravel, or other suitable aggregate The concrete shall have a compressive strength of 3,000 pounds per square inch after 28 days. The minimum length of blocks shall be 10 feet, with a preformed bituminous expansion joint filler 1/2 inch thick installed every 40 feet. The finish shall be a float finish with corners rounded. Where existing curbs are in disrepair, the applicant shall be required to repair, reconstruct or replace the same as directed by the boards.
F. Streets. All streets shall be improved with a two-and-one-half-inch two-course-type S.M. bituminous concrete pavement in accordance with current New Jersey State Highway Department specifications on a five-and-one-half-inch thick, two-and-one-half-inch size broken stone base. Where subbase conditions of the proposed street are wet, springy or of such a nature in the opinion of the City Engineer that paving would be inadvisable without first treating the subbase, the subbase shall be prepared by the installation of suitable subsurface drainage or other means as may be required to meet the special condition. The method employed to stabilize the base must be approved by the City Engineer.
G. (Reserved)
H. Water mains. All streets shall have water mains not less than six inches in diameter installed therein for the entire length thereof if the subdivision is located within the area served by a water company unless the requirements hereof are expressly waived in whole or in part by the Planning Board.
I. Street signs. At each street intersection there shall be erected or constructed a street sign of a size and type prescribed by the City Council.
J. Trees. Shade trees shall be planted in every subdivision at intervals of 40 feet and along both sides of all streets. All trees shall be located at a point four feet inward of the property line. The trunk diameter of all trees shall be at least two inches with a height of six feet above the finished ground level.
K. Open space/recreation. (See Chapter 345, Zoning, §§345-11X and 345-18.)
A. No final plat shall be approved by the Planning Board until the subdivider shall have filed with the City Clerk the cost of all such improvements or uncompleted portions thereof as estimated by the City Engineer and assuring the installation of such uncompleted improvements on or before an agreed date The performance guaranty may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the City Council; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the City Attorney, insofar as a minimum of 10% of the sum of the total performance guaranty shall be in cash or certified check, All such guaranties shall run to and be in favor of the City.
B. In addition, the subdivider shall post with the Director of Finance a fee for engineering inspections equal to 7% of the estimated costs 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 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.
C. The performance guaranty shall be approved by the City Attorney as to form, sufficiency and execution. The performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term more than three years.
D. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution, but such additional period shall not exceed three years. As a condition or as part of any such extension, the amount of any such extension or the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution.
E. A developer, wishing to reduce the amount of performance guaranty after portions of the required improvements have been installed, shall make application by letter to the Planning Board. The Planning Board shall direct the City Engineer to inspect the applicant's improvements. If the Planning Board decides to recommend a release of all or part of the performance guaranty, it shall advise the City Council and the Mayor of its decision. The City Council may instruct the City Treasurer by resolution to release all or part of the performance guaranty.
F. If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable to the City for the reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof, the City shall install such improvements.
G. A maintenance bond shall be furnished by the subdivider upon acceptance of the streets and public improvements by the City. The maintenance bond, which shall be issued by a bonding or surety company approved by the Council, shall be in an amount not to exceed 15% of the original estimated cost of construction of the required improvements and shall run to and be in favor of the City for a period not to exceed two years after final acceptance of the improvements. The bond shall be approved by the City Attorney as to form, sufficiency and execution.
H. Custody of documents and moneys.
(1) The City Clerk shall hold the instrument of performance guaranty. Duplicate copies of that instrument shall be held by the Planning Board, Treasurer and Division of City Planning.
(2) The comptroller shall hold all of the cash portions of performance guaranties and deposit them in interest-bearing accounts.
I. Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating their approval, partial approval or rejection of such improvements as approved or rejected shall be set forth.
J. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of such report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
K. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
L. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
M. The obligor shall reimburse the municipality for all reasonable fees paid to the Municipal Engineer for the foregoing inspection improvements, provided that the municipality shall require of the developer a deposit for all of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.
N. In the event that the inspection fees required to be posted pursuant to the provisions set forth herein are not sufficient to cover the reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements, the developer shall be required to deposit additional funds with the Finance Director to cover the fees paid to the City Engineer for such inspection.
Before final approval of an application, the approving authority may require the pavement of the developer's pro rata share of the following off-site and off-tract improvements: street improvements, water system, sewerage, drainage facilities and easements therefor.
A. Essential off-site and off-tract improvements may be required to be installed or a performance guaranty furnished in lieu thereof, with the total cost borne by the developer.
(1) Where a development has no direct access to an improved street or public or private central water supply or central sanitary sewer and does not qualify for individual sewage disposal systems, the approving authority may nevertheless grant final approval if the developer shall acquire and improve such street between the development and an existing improved street and, in the case of water/sewer system(s), if the developer shall acquire and improve such water and sanitary sewer connections between the development and existing facilities.
(2) Where a development creates a demand for water supply and/or sewerage treatment beyond the capacity of the present facilities and causes the need for a new or expanded well, pump or storage tank for water supply and/or a new or expanded sewage treatment plant and ancillary equipment, the approving authority may nevertheless grant final plat approval if the developer shall acquire land for, improve and dedicate such water and sewer facilities, all as approved by the approving authority, governing body and serving utility company. Where such new or expanded facilities will have a capacity beyond the needs of the development, the cost to the developer shall be determined in accordance with Subsection B below.
(3) Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the City such enlarged, additional or new drainage facilities.
(4) In lieu of the developer's performing such off-site and off-tract work, the developer may request and the governing body may enter into an agreement for such work to be performed by the City or its contractors at the cost of the developer.
(5) Where the approving authority determines that off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to a future application at such time as the conditions no longer apply.
B. Advisable off-site and off-tract improvements. Where the approving authority finds that off-site and off-tract improvements would be advisable, although not essential, and the improvements would promote the objectives of this section and can be most appropriately accomplished in connection with the development and particularly where the off-site and off-tract improvements could be required to be made as a local improvement by the City, with the cost thereof to be assessed against all properties specifically benefited thereby, including the property of the developer, the following provisions shall apply.
(1) During the processing of the application the approving authority shall refer its recommendations for off-site and off-tract improvements to the governing body.
(2) If the governing body concurs, the City Engineer or other authority retained by the City shall determine the nature of the off-site and off-tract improvements, including the needs created by the applicant's proposed development and the then existing needs in the area, notwithstanding any work of the applicant.
(3) The City Engineer or other authority shall estimate the costs of such work, including costs to be assigned to the developer and those to be assessed to others, including a possible local improvement ordinance, and including costs for construction, engineering, any easements or right-of-way acquisition, legal work, advertising contingencies, bonding and assessments.
(4) The Planning Board shall then proceed in the following manner:
(a) Based on the information received from the City Engineer, the Planning Board shall determine the anticipated amount that the lands of the applicants would be expected to be assessed.
(b) The amount determined by the Planning Board shall then be deposited by the applicant with the City Finance Director prior to final approval.
(c) Such a deposit shall be made concurrent with an agreement between the applicant and the City concerning the uses of the deposit, which shall include the following stipulations: that said funds shall be used by the City solely for the expenses of such off-site and off-tract improvements; that such deposit may be appropriated by the City, with other funds of the City, and may be commingled with other appropriated funds and expended by the City in connection with such purposes; that, if such deposit is not used by the City within a specified time agreed upon by the applicant, said funds shall be distributed in accordance with the terms of said agreement; that, upon completion of the work by the City or its contractors, the properties specially benefited by such improvement shall be assessed as provided by law, including the property of the applicant; that the applicant's deposit shall be credited against the assessment made upon the applicant's property, whether or not the applicant is then the owner thereof; and that, if such deposit was less than the amount ultimately assessed against such property, then the owner(s) of said property shall pay the difference between the deposit and such assessment; or, if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.
(d) Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval. However, final approval may be granted if the funds are deposited under protest pursuant to N.J.S.A. 40:55D-42.
