[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 4-1-1959. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the City of Hoboken."
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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
All subdivisions not classified as minor subdivisions.
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.
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:
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;
That it does not adversely affect adjoining property; or
That it is not in conflict with any provision or portion of
the master plan, official map or zoning ordinance.
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.
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.
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.
The map of a subdivision.
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.
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.
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:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLATERAL STREETSThose 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.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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.
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.
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:
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.
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:
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:
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:
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.
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
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.
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.
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:
(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.
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.
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.
(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.
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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.
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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.
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.
(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.
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
[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.
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.
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.
[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.
This chapter shall take effect in the manner prescribed by law.
