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City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (6)
A. 
If before final subdivision approval has been granted any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinances pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
B. 
In addition to the foregoing, the municipality may institute and maintain a civil action:
(1) 
For injunctive relief; and
(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 this chapter, but only if the municipality has a Planning Board and has adopted, by ordinance, standards and procedures in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-38).
C. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits 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.
The plat for a minor subdivision shall be clearly and legibly drawn by a licensed New Jersey land surveyor and shall be at a scale of not less than one inch equals 30 feet. The plat shall be designed in compliance with the provisions on design standards of this chapter and shall show or be accompanied by the following information:
A. 
The location of that portion which is to be subdivided in relation to the entire tract.
B. 
The tract name; Tax Map sheet, block and lot numbers; date; reference; North point; graphic scale and the following names and addresses:
(1) 
Name and address of record owner or owners.
(2) 
Name and address of the subdivider.
(3) 
Name and address of person who prepared map.
C. 
Existing and proposed lot lines, dimensions and bearings.
D. 
The location of existing streets abutting the subdivision.
E. 
The location and uses of existing buildings within 100 feet of the subject property.
F. 
The zoning districts and boundaries within one proposed subdivision and within 100 feet of the perimeter thereof.
G. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided.
H. 
Certification by the Collector of Taxes that all taxes are paid to date.
A. 
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 60 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey engineer or land surveyor. The plat shall be designed in compliance with the provisions of design standards of this chapter and shall be accompanied by the following information:
(1) 
A key map showing the entire subdivision and its relation to the surrounding areas.
(2) 
The tract name; Tax Map sheet, block and lot numbers; date; reference; North point; graphic scale and the following names and addresses:
(a) 
Name and address of record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of person who prepared map.
(3) 
Acreage of tract to be subdivided, to the nearest tenth of an acre.
(4) 
Existing and proposed lot lines and dimensions.
(5) 
Contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope; indication of the high and low points; and tentative cross sections and center-line profiles for all proposed new streets.
(6) 
The location and uses of existing buildings within 100 feet of the subject property.
(7) 
The location of existing and proposed property lines, streets, buildings, monuments, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas and rock formations.
(8) 
The zoning districts and boundaries within one proposed subdivision and within 100 feet of the perimeter thereof.
(9) 
Plans, profiles and cross sections of all proposed streets and the profiles of existing streets to which the proposed streets shall be connected within the proposed subdivision and within 100 feet of the perimeter thereof where the streets are to be constructed by the subdivider or other private person.
(10) 
Plans and profiles, including the size, grade and elevation, of all proposed waterlines, stormwater drains and sanitary sewers and of existing water mains, stormwater drains and sanitary sewers to which the proposed utilities shall be connected within the proposed subdivision and within 100 feet of the perimeter thereof where the same are to be constructed by the subdivider or other private person.
(11) 
Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems.
(12) 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(13) 
Certification by the Collector of Taxes that all taxes are paid to date.
B. 
The Administrative Officer shall have the power to waive submission of any of the above items which are not applicable to a particular application; except that, in the case of engineering requirements, the waiver must be approved by the Director of Public Works.
A. 
The final subdivision plat shall be prepared on translucent Mylar at least four mils thick and one of six standard sizes (all dimensions measured from cutting edges): 18 inches by 24 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches. The scale shall be large enough to contain legibly written data on the dimensions, bearings and other boundary details. Two copies of the Mylar shall be submitted with each application. The final subdivision plat shall be in compliance with all provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,[1] and with the minimum survey detail requirements as promulgated by the State Board of Professional Engineers and Land Surveyors. The final plat shall be accompanied by the following:
(1) 
Date of the survey, name and location of the subdivision, name of owner, name of the last property owner(s), municipality, county, graphic scale in inches to feet and North point. The reference meridian used for bearings on the map shall be shown graphically. The coordinate base, either assumed or based on the New Jersey State Plane Coordinate System, shall be shown on the plat.
(2) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, length of arcs, chord distances, chord bearings, and delta angles of all curves. The square footage of each lot shall be to the nearest square foot or nearest hundredth of an acre.
(3) 
All monuments found, set or to be set shall be shown. If a monument that has been found has been reset, it shall be indicated on the map. A minimum of three corners distributed around the tract shall indicate the coordinate values. The outbound corner markers shall be set pursuant to regulations promulgated by the State Board of Professional Engineers and Land Surveyors.
(4) 
The location and uses of existing buildings within 100 feet of the subject property.
(5) 
Zoning districts and their boundaries within the proposed subdivision and within 100 feet of the perimeter thereof.
(6) 
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.
(7) 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with the number "1."
(8) 
Minimum building setback line on all lots and other sites.
(9) 
Location and description of all monuments.
(10) 
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
(11) 
When approval of a plat is required by any officer or body of a municipality, county or state, such approval shall be certified on the plat.
(12) 
Cross sections and profiles of streets, approved by the Director of Public Works.
(13) 
Contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope.
(14) 
Plans and profiles of storm and sanitary sewers and water mains.
(15) 
Certification by the Collector of Taxes that all taxes are paid to date.
(16) 
The following endorsements, as applicable, are to be shown on the plat along the leading edge (right-hand side) of the Mylar:
As owner of the lands delineated upon this map, I hereby consent to the filing thereof
Block _______, Lot _______
(Name of development)
(Address of development including county)
(Telephone number)
Owner
Date
Subscribed and sworn before me this _____ day of __________ 20____
Notary Public
Date
This plat has been classified and approved as a (minor/major) subdivision by the City of East Orange Planning Board on _______________
Chairperson
Date
Secretary
Date
This plat has been filed in the Essex County Clerk's office on ______________________ and is known as Map No. ______________
County Clerk
Date
Municipal Clerk's Certification - I
I hereby certify that all new streets and easements shown have been approved by the Planning Board and a bond has been given to the municipality guaranteeing the completion of such improvements.
Municipal Clerk
Date
Municipal Clerk's Certification - II
The interior monuments shown on this map shall be set within an appropriate time limit as provided for in the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) or local ordinance.
(If monuments are to be set at a later date, the following requirements and endorsements shall be shown on the map.)
I certify that a bond has been given to the municipality, guaranteeing the future setting of the monuments shown on the map and so designated.
Municipal Clerk
Date
Director of Public Works' Certification
I have carefully examined this map and to the best of my knowledge and belief find it conforms with the provisions of the Map Filing Law resolution of approval and the municipal ordinance and requirements applicable thereto.
Director of Public Works
Date
Land Surveyor's Certification - I
I hereby certify that to the best of my knowledge and belief this map and land survey, dated __________, meets the minimum survey detail requirements as promulgated by the State Board of Professional Engineers and Land Surveyors and has been made under my supervision, and complies with the provisions of the Map Filing Law and that the outbound monuments as shown have been found or set.
(Include the following, if applicable.)
I do further certify that the monuments as designated and shown hereon have been set.
(Surveyor's Name)
Date
Licensed Professional Land Surveyor #_______________
(Affix Seal)
Land Surveyor's Certification - II
(If the land surveyor who prepares the map is different than the land surveyor who prepares the outbound survey, the following two certificates shall be added in lieu of the certificate above.)
I hereby certify that to the best of my knowledge and belief this map and land survey, dated ____________, has been made under my supervision and meets the minimum survey detail requirements, with outbound corners marked, promulgated by the State Board of Professional Engineers and Land Surveyors and that the outbound corner markers as shown have been found or set.
(Surveyor's Name)
Date
Licensed Professional Land Surveyor # _______________
(Affix Seal)
I hereby certify that this map has been made under my supervision and complies with the provisions of the Map Filing Law.
(Include the following, if applicable.)
I do further certify that the monuments as designated and shown hereon have been set.
(Surveyor's Name)
Date
Licensed Professional Land Surveyor #_______________
(Affix Seal)
[1]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed 2011, c. 217; see now N.J.S.A. 46:26B-1 et seq.
B. 
The applicant shall also submit a digital subdivision map that meets or exceeds the standards of the New Jersey Division of Taxation and common New Jersey land surveying practices, and shall also meet or exceed the standards set forth in this subsection. It is the City's intent to use subdivision map digital CAD deliverables for inclusion in City's GIS database and for maintenance of the City's Tax Maps. The digital data submitted shall be such that it will be capable of being processed through typical GIS feature development techniques, for both line work and attribute data, with minimal to no editing of the source CAD data, translation or other manipulation. Submissions which do not meet these standards or are unreadable will be returned to the applicant.
(1) 
Final subdivision plat map information shall be input into a computer utilizing a commercially available computer drafting package. The CAD software output shall be readable by AutoCAD release 2000 or greater.
(2) 
Each subdivision map sheet shall be constructed full scale and georeferenced to the New Jersey State Plane Coordinate System and NAD83.
(3) 
The subdivision map shall be prepared in such a way that all different types of lines and text are placed on separate layers. The layers are to include dimensions/verbiage and locating arrows or directional indicators.
(4) 
Layering shall be the same for all subdivision sheets, with each sheet containing the full set even though some layers may be void of data. Layer names shall be all uppercase and contain no spaces. Underscores may be used to separate portions of the layer names.
(5) 
The subdivision map shall not contain any duplicate line work (i.e., no lines on top of lines). All intersecting lines shall be snapped to within 0.01 foot. There shall be no undershoots or overshoots, and all short line segments shall be deleted.
(6) 
All curves, including those along street center lines, shall be true curves. All straight lines between lot corners shall consist of a single line segment with no intermediate nodes. All property boundaries shall be broken at lot line intersections.
(7) 
All files pertaining to the project are to be submitted on one or more CDs or DVDs with an attached table of contents of files, including file names and descriptions.
C. 
The Administrative Officer shall have the power to waive submission of any of the above items which are not applicable to a particular application; except that, in the case of engineering requirements, the waiver must be approved by the Director of Public Works.