City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 4-1-1959. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 44.
Zoning — See Ch. 196.

§ 34-1 Short title.

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

§ 34-2 Purpose.

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

§ 34-3 Approving agency.

The approval provisions of this chapter shall be administered by the governing body after favorable referral by the Planning Board of the City of Hoboken in accordance with Section 14 of Chapter 433 of the Laws of 1953.[1]
[1]
Editor's Note: See now N.J.S.A. 40:55D-25, 40:55D-37, 40:55D-47 and 40:55D-48.

§ 34-4 Definitions.

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 1 of Title 58 of the Revised Statutes.
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
A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISIONS
Any subdivision containing adjoining lots, tracts or parcels, all of which front on an existing improved state, county or municipal street, and having an aggregate frontage on said state, county or municipal street, of not more than 250 feet, provided:
A. 
That such subdivision does not involve any new street or the extension or improvement of an existing street or municipal utility as verified by the City Engineer;
B. 
That it does not adversely affect adjoining property; or
C. 
That it is not in conflict with any provision or portion of the master plan, official map or zoning ordinance.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953,[1] or any prior act authorizing such adoption. Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds, and drainage right-of-way shown thereon.
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 plat, 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 City Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 34-10 of this chapter.
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 § 34-9 of this chapter.
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, and includes 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:
A. 
Those which are used primarily for fast or heavy traffic.
B. 
Those which carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
C. 
Those which are used primarily for access to the abutting properties.
D. 
Streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
E. 
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another.
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. 
The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved:
(1) 
Division of land for agricultural purposes where the resulting parcels are three acres or larger in size.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order.
B. 
Subdivision also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
[1]
Editor's Note: See now N.J.S.A. 40:55D-1 et seq.

§ 34-5 Submission of sketch plat.

A. 
Any owner of land within the City of Hoboken shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the City Clerk of the City of Hoboken eight copies of a sketch plat of a proposed subdivision for the purpose of classification and preliminary discussion. At the time of filing, a fee of $5 per lot shown on said sketch plat shall be paid to the City Clerk of the City of Hoboken to cover the administration costs, etc. The City Clerk shall immediately forward the application and maps to the Planning Board of the City of Hoboken for consideration. The Chairman of the Planning Board shall appoint a Subdivision Committee consisting of three members, which Committee shall classify subdivisions in accordance with the provisions of this chapter and perform such other duties relating to subdivisions which may be conferred on such Committee by the Board. The Subdivision Committee shall act upon each application for a minor subdivision within 30 days after receiving it. If the Subdivision Committee unanimously finds that the application is in proper order, that it conforms to the definition of a minor subdivision as contained in this chapter, and if it meets with the Committee's unanimous approval, the Subdivision Committee is hereby empowered as provided by the Municipal Planning Act, N.J.S.A. 40:55-1.15,[1] to waive the requirements of notice, hearings, and review by the Planning Board, and any other requirements except those provided for in this section. Such findings shall be deemed to be favorable referral by the Planning Board.
[1]
Editor's Note: See now N.J.S.A. 40:55D-3 through 40:55D-7, 40:55D-38, 40:55D-41, and 40:55D-47.
B. 
If the sketch plat submitted is classified and approved as a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect shall be made on all copies of the sketch plat and all copies, except one for their files, and a written report of the action taken thereon shall be filed with the governing body of the City of Hoboken for its action thereon, which action shall be noted on each copy of said sketch plat, and all copies of said sketch plat shall be then forwarded to the Mayor and the City Clerk for their signatures, and two copies of said sketch plat shall then be returned to the Subdivider within one week following the approval thereof by the governing body. A copy of such sketch plat approved aforesaid shall also be furnished by the City Clerk to each of the following:
(1) 
City Engineer.
(2) 
Building Inspector.
(3) 
Board of Assessors.
(4) 
Secretary of the Planning Board.
C. 
If the sketch plat is not approved by unanimous action of the Subdivision Committee as a minor subdivision, then the sketch plat shall be referred to the Planning Board with a written report of the Committee for further action. If the Planning Board also classifies and approves the sketch plat as a minor subdivision, a notation to that effect shall be made on all copies of the sketch plat, and all copies of said sketch plat except one for their files with a written report of the action taken thereon by the Planning Board shall be filed with the governing body of the City of Hoboken for its action thereon, which action shall be noted on all of the copies of such sketch plat, and all the copies of said sketch plat shall then be forwarded to the Mayor and the City Clerk for their signatures, and two copies of said sketch plat approved by the governing body as aforesaid, signed by the Mayor and the City Clerk, shall then be returned to the subdivider within one week following the approval thereof by the governing body. A copy of such sketch plat approved as aforesaid shall also be furnished by the City Clerk to each of following:
(1) 
City Engineer.
(2) 
Building Inspector.
(3) 
Board of Assessors.
(4) 
Secretary of the Planning Board.

§ 34-6 Submission of preliminary plat of major subdivision for tentative approval.

A. 
At least eight black-on-white prints of the preliminary plat, together with three completed application forms for preliminary approval, shall be submitted to the City Clerk two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a fee of $50 shall be paid to the City Clerk to cover the cost of inspection examination by the City Engineer and any other items of expense in the processing of the subdivision. The City Clerk shall retain one copy of the map and shall immediately forward the remaining maps and application forms to the Secretary of the Planning Board.
B. 
The subdivider shall notify by mail, at least five days prior to the hearing, all owners of property within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax record, and furnish an affidavit to the effect that he has done so. The notice shall state the time and place of hearing, a brief description of the subdivision, a summary statement of the matters to be heard, a statement as to its location, list of maps and other documents to be considered, and that a copy of said subdivision, maps and documents have been filed with the City Clerk for public inspection. The subdivider shall also cause notice of the hearing to be published in the official newspaper, or a newspaper in general circulation in the municipality, at least 10 days prior to the hearing.
C. 
Copies of preliminary plat shall be forwarded by the Secretary of the Planning Board, prior to the hearing, to the following persons: City Engineer, Health Officer and such other municipal, county or state officials as the Planning Board may direct.
D. 
The Planning Board shall act on the preliminary plat within 90 days after submission to the City Clerk. If the plat is returned to the application for revision, the Planning Board shall act within 90 days after the resubmission of said plat. If the Planning Board disapproves a plat, the reasons for disapproval shall be returned with the plat. If the Planning Board disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting the plat shall be notified by registered mail of the action of the Planning Board within 90 days of the submission.
E. 
If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat and it shall be referred to the governing body for action. Its action shall be noted on the plat, signed by the Mayor and be returned to the subdivider for compliance with final approval requirements.
F. 
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of approval:
(1) 
That the general terms and conditions under which the preliminary approval was granted will not be changed.
(2) 
That said applicant may submit on or before the expiration date the whole or part or portion of said plat for final approval.

§ 34-7 Improvements or guaranties prior to final approval.

Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under § 34-12 or the Planning Board shall require the posting of an adequate performance guaranty to assure the installation of the required improvements.

§ 34-8 Submission of final plat of major subdivision.

A. 
The final plat shall be submitted to the City Clerk for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The City Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a final plat, and the Planning Board shall act upon the final plat within 45 days after the date of submission of final approval by the City Clerk.
B. 
The original tracing, one translucent tracing cloth copy, two cloth prints, seven black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least five days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
C. 
The final plat shall be accompanied by a statement by the City Engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:
(1) 
Completed the installation of all improvements in accordance with the requirements of this chapter; or
(2) 
He has posted with the City Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements required in § 34-12 or incompleted portions thereof, as estimated by the City Engineer, and insuring the installation of such improvements on or before an agreed date.
D. 
If the Planning Board favorably refers a final plat to the governing body, the governing body shall take action not later than the second regular meeting following the referral, noting its action on the plat, and the Mayor and City Clerk affixing their signature thereto, if said action is favorable.
E. 
Failure of the Planning Board and governing body to act within the allotted time, or a mutually agreed upon extension, shall be deemed to be favorable approval, and the City Clerk shall issue a certificate to that effect.
F. 
If any person shall be aggrieved by the action of the Planning Board, an appeal, in writing, to the governing body may be taken within 10 days after the date of action of the Planning Board, and a hearing thereon shall be had on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing the governing body may affirm or reverse the action of the Planning Board by a recorded vote of the majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the governing body, and the applying party shall be given a copy.
G. 
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following: City Clerk, City Engineer, Building Inspector, Board of Assessors, and the official issuing certificates for approved lots.
H. 
The final plat after final approval by the governing body shall be filed by the subdivider with the County Recording Officer within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire.
I. 
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Council of the Mayor and Council of the City of Hoboken and signed by the Mayor and City Clerk.

§ 34-9 Sketch plat for minor subdivision.

The sketch plat for minor subdivisions shall be based on tax map information or some other similarly accurate base at a scale where an inch equals not more than 50 feet and shall show or include the following information:
A. 
The entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines.
B. 
All existing structures, giving accurate distance between such structures and all existing and proposed property lines.
C. 
The accurate location of drain pipes, sewerage and water facilities, right-of-way, utility easements, bridges and culverts, if any, the name of the owner and of all owners of adjoining property as such names appear on the City's tax record.
D. 
Tax map sheet, lot and block number.
E. 
All streets or roads and streams within 500 feet of the subdivision.

§ 34-10 Preliminary plat.

A. 
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. The preliminary plat shall be designed and drawn by a licensed (N.J.) land surveyor or civil engineer, or by a planner holding full or associate membership in the American Institute of Planners. The plat shall be designed in compliance with the provisions of § 34-13 of this chapter and shall show or be accompanied by the following information:
(1) 
A key map at a scale where one inch shall equal not more than 800 feet, showing the entire subdivision and its relation to all features shown on the official map and master plan and located within 1/4 of a mile of the extreme limits of such subdivision and the zoning classification of the proposed subdivision and of adjacent lands.
(2) 
The tract name, tax map sheet, block and lot number, date reference, meridian, bracket scale and the following names and addresses:
(a) 
Name and address of record owner or owners. If other than an individual, the name of corporate officer or partners or other statutory agent.
(b) 
Name and address of subdivider.
(c) 
Name and address of person who prepared map.
(3) 
Property lines and acreage of the tract to be subdivided to the nearest tenth of an acre.
(4) 
Sufficient elevations or contours to determine the general slope and drainage of the land and the high and low points and tentative cross-sections and center-line profiles for all proposed new streets.
(5) 
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas and rock formation.
(6) 
Plans of proposed utility layouts (sewers, storm drains, water, gas, electricity) showing feasible connections to existing or any proposed utility systems. When a new water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivider 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.
B. 
The Planning Board shall give careful study to the preliminary plat, taking into consideration the requirements of the community and the best use of the land to be subdivided, together with its prospective character, whether residential, business or industrial. Attention shall be given to street widths arrangement and circulation; surface drainage and sanitation; lot sizes and arrangement; and to such neighborhood and community requirements as parks, schools and playground sites.

§ 34-11 Final plat.

The final plat shall be drawn by a licensed (N.J.) land surveyor or professional engineer, as the case may be, in ink, on tracing cloth, at a scale where one inch equals not more than 100 feet, and in compliance with all the provisions of Chapter 338 of the Laws of 1953 (N.J.S.A. 46:23-9.1 et seq.[1]). The final plat shall show or be accompanied by the following:
A. 
The date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
B. 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, bridges and culverts, and to be reserved or dedicated to public use, all lot lines and other side lines; with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
C. 
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.
D. 
Each block shall be numbered and the lots within each block shall be numbered consecutively, beginning with No. 1.
E. 
Minimum buildings setback lines on all lots and other sites.
F. 
Location and description of all monuments.
G. 
Names of owners adjoining all subdivided lands.
H. 
Certification by engineer or surveyor as to the accuracy of details of plat.
I. 
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
J. 
If approval of a plat is required by any officer or body of the municipality, county or state, approval shall be certified on the plat.
K. 
Cross-sections and profiles of streets approved by the municipal engineer shall be required to accompany the final plat.
L. 
Contours at five-foot intervals for slopes averaging 10% or greater, and at two-foot intervals for land of lesser slope.
M. 
Plans and profiles of storm and sanitary sewers on water mains.
N. 
Certificates from tax collector that all taxes are paid to date.
[1]
Editor's Note: N.J.S.A. 46:23-9.1 et seq., were repealed by L. 1953, c. 358. See now N.J.S.A. 46:23-9.15 et seq.

§ 34-12 Improvements.

A. 
Prior to the granting of final approval, the City Engineer shall certify that the subdivider has installed or has furnished performance guaranties for the ultimate installation of any of the following which may have been required by the Planning Board:
(1) 
Street paving, curbs, gutters and sidewalks and other street improvements to be constructed in accordance with the City's specification.
(2) 
Street and traffic signs.
(3) 
Streetlighting.
(4) 
Shade trees: to be located on the street line so as not to interfere with utilities or sidewalks, and shall be of the type approved by the governing body or by the Planning Board.
(5) 
Topsoil protection: No topsoil shall be removed from the site or used as soil unless approved by the governing body. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. Should construction stop for a period of more than one year, the topsoil shall be replaced over all areas from which it may have been stripped.
(6) 
Monuments to be of the size and shape required by N.J.S.A. 46:23-9.4[1] and shall be placed in accordance with said statute.
[1]
Editor's Note: N.J.S.A. 46:23-9.1 et seq., were repealed by L. 1953, c. 358. See now N.J.S.A. 46:23-9.15 et seq.
(7) 
Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with the City's municipal water system and be adequate to handle all present and probable future development.
B. 
All the above-listed improvements will be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least 48 hours before the start of construction. No underground installation shall be covered until inspected and approved.
C. 
No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the City Engineer, unless the subdivision owner shall have filed with the municipality a performance guaranty sufficient in amount to cover 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.
Such performance guaranty may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the governing body; a certified check returnable to the subdivider after full compliance, or any other type of surety approved by the City Attorney.
D. 
The performance guaranty shall be approved by the City Attorney as to form and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term of more than three years. However, with the consent of the owner and the surety, if there is one, the governing body may by resolution extend the term of such performance guaranty of an additional period not to exceed three years. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed.
E. 
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the municipality for the reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof the municipality shall install such improvements.

§ 34-13 Design standards.

A. 
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
B. 
General. The subdivider plat shall conform to design standards set for encouraging good development patterns within the City. Where either or both an official map or master plan has or have been adopted, the subdivision shall conform to the proposals and conditions set thereon. The streets, drainage, right-of-ways, school sites, public parks and playgrounds shown on an officially adopted master plan or official map shall be considered in approval of subdivision plats. Where no master plan or official map exists, streets and drainage right-of-way shall be shown on the final plat in accordance with Section 20, Chapter 353, Laws of 1953 (N.J.S.A. 40:55-1.20[1]) and shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following design standards:
(1) 
Streets.
(a) 
The arrangement of streets not shown on the master plan or official map shall be such as to provide for the appropriate extension of existing streets.
(b) 
Minor streets shall be so designed as to discourage through traffic.
(c) 
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the Planning Board may determine appropriate.
(d) 
The width of the street shall be measured from lot line to lot line and shall not be less than the following:
[1] 
Arterial streets: 100 feet.
[2] 
Collateral streets: 70 feet.
[3] 
Minor streets: 50 feet.
[4] 
Marginal access streets: 50 feet.
[5] 
The right-of-way width for internal roads and alleys in multifamily, commercial and individual development and for private streets in and serving planned developments shall be determined on an individual basis, and may be 40 feet wide or, if less, then of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment.
[Amended 9-6-1995 by Ord. No. R-142]
(e) 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body under conditions approved by the Planning Board.
(f) 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map or the street width requirements of this chapter shall dedicate additional width along either or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
(g) 
Grades of arterial and collateral streets shall not exceed 4%. Grades of other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.
(h) 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve radius of not less than 10 feet.
(i) 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(j) 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collateral streets.
(k) 
When connecting street lines deflect from each other at any point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collateral streets.
(l) 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
(m) 
Dead-end streets (cul-de-sacs) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent wherever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining property.
(n) 
No street shall have a name which will duplicate or nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. All street names shall be approved by the Planning Board.
(2) 
Blocks.
(a) 
Block length and width or acreage within boundary roads shall be such as to accommodate the size of lot required in the area by Chapter 196, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(b) 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.
(c) 
For group housing, commercial and industrial use, block size shall be sufficient to meet all area and yard requirements for such use (sufficient to meet all zoning requirements for such use).
(3) 
Lots.
(a) 
Lot dimensions and area shall not be less than requirements of Chapter 196, Zoning.
(b) 
So far as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(c) 
Each lot must front upon an approved street, the width of which shall conform with the requirements of Subsection B(1)(d) of this section, or have suitable access thereto by means of an easement of sufficient width and design to safely accommodate maximum traffic, parking and loading needs, and maximum access for fire-fighting equipment.
(d) 
Where land has been dedicated for a widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.
(e) 
Where there is a question as to the suitability of a lot or lots for their intended use due to facts such as rock formations, floor conditions or similar circumstances, the Planning Board may after adequate investigations, withhold approval of such lots.
(4) 
Public use and service areas.
(a) 
In a large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easement shall be at least 15 feet wide and located after consultation with the companies or municipal departments concerned.
(b) 
Where subdivision is traversed by a watercourse, drainage way channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width and construction, or both, as would be adequate for the purpose.
(c) 
Natural features such as trees, brooks, hilltops and views, shall be preserved wherever possible in designing any subdivision containing such features.
[1]
Editor's Note: See now N.J.S.A. 40:55D-38 through 40:55D-41 and 40:55D-44.

§ 34-14 Violations and penalties.

A. 
If before favorable referral and final approval by the governing body has been obtained, any person transfers or sells, or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board and the governing body are required to act, such person shall be subject to a fine not to exceed $200 or to imprisonment of not more than 30 days, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
B. 
In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act (N.J.S.A. 40:55-1.30[1]) the City may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953 (N.J.S.A. 40:55-1.24[2]) but only if the municipality has a Planning Board or a committee thereof with power to act and which:
(a) 
Meets regularly on a monthly or more frequent basis; and
(b) 
Whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953 (N.J.S.A. 40:55-1.20[3])
[3]
Editor's Note: See now N.J.S.A. 40:55D-38 through 40:55D-41 and 40:55D-44.
[2]
Editor's Note: See now N.J.S.A. 40:55D-56.
[1]
Editor's Note: See now N.J.S.A. 40:55D-1 et seq.
C. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years, if unrecorded.

§ 34-15 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.

§ 34-16 Administration.

These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the City of Hoboken. Any action taken by the governing body and the Planning Board under the terms of this chapter shall have primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, a literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board and governing body may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

§ 34-17 Repealer.

[Amended 9-6-1995 by Ord. No. R-142]
All ordinances or parts of ordinances, other than the Zoning Ordinance of the City of Hoboken, which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency. In the event of any conflict between the provisions of this Land Subdivision Ordinance and the provisions of Chapter 196, Zoning, of the Code of the City of Hoboken, the provisions of Chapter 196 shall prevail. In particular, all approvals granted pursuant to Chapter 196 with respect to matters which are also subdivision elements referred to herein shall supersede the requirements of this chapter to the extent that such approvals are inconsistent with the requirements of this chapter.

§ 34-18 When effective.

This chapter shall take effect in the manner prescribed by law.