§ 184-74. Certification of subdivision approval.  


Latest version.
  • The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision subsequent to August 1, 1973, may apply in writing to the Board Secretary for the issuance of a certificate certifying whether or not such subdivision has been approved by the Board. The following provisions shall apply to the issuance of said certificates:
    A. 
    Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
    B. 
    The Board Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor.
    C. 
    Each such certificate shall be designated a "certificate as to approval of subdivision of land", and shall certify:
    (1) 
    Whether there exists in the Borough a duly established Board and whether there is a chapter controlling subdivision of land adopted under the authority of the Municipal Land Use Law;
    (2) 
    Whether the subdivision, as it relates to the land shown in said application, has been approved by the Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part in a validly existing subdivision; and,
    (3) 
    Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in the Municipal Land Use Law at N.J.S.A. 40:55D-7, definition of "subdivision."
    D. 
    The Board Secretary shall charge a fee for such certificate as provided in Article VI of this chapter, which fee shall be paid to the Board Secretary.
    E. 
    The Board Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.
    F. 
    Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information contained therein shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of § 184-73.
    G. 
    If the Board Secretary fails to issue the same within 15 days after receipt of an application and fees thereof, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to § 184-73.
    H. 
    Any such application addressed to the Borough Clerk shall be deemed to be addressed to the proper designated officer and the Borough shall be bound thereby to the same extent as though the same was addressed to the designated official.