[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 9-19-1978 by Ord. No. 804. Amendments noted where
applicable.]
GENERAL REFERENCES
Housing and Community Development Advisory Committee — See Ch. 52.
Land use procedures — See Ch. 56.
Resale certificates — See Ch. 158.
Uniform construction codes — See
168.
Condominium and cooperative conversions — See Ch. 176.
Flood damage prevention — See Ch. 224.
Soil removal, erosion and sediment control — See Ch. 347.
Stormwater management — See Ch. 355.
Zoning — See Ch. 420.
This chapter shall be known and may be cited
as the "Land Development Ordinance of the Borough of Middlesex."
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision and site
development in the Borough of Middlesex in order to promote the public
health, safety, convenience and general welfare of the municipality.
It shall be administered to ensure 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 Borough of Middlesex Planning Board or Board
of Adjustment, all in accordance with Chapter 291 of the Laws of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For the purposes of this chapter, the terms
used herein are defined as follows:
The Zoning Officer of the Borough of Middlesex.
[Amended 2-25-2014 by Ord. No. 1846]
A developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to Chapter 291 of the Laws of 1975.
The Planning Board of the municipality, unless a different
agency is designated by ordinance, when acting pursuant to the authority
of this Act.[1]
The Board established by Chapter 420, Zoning, of the Borough of Middlesex.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof
as further defined by the Uniform Construction Code of the Borough
of Middlesex.[2]
A governmental acquisition of real property or major construction
project.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits.
An application form completed as specified by Chapter 420, Zoning, and this chapter, and the rules and regulations of the board or agency before which the application is to be presented and payment of all application fees and escrow deposits. An application is deemed to be complete once it is certified as complete by the Administrative Officer which date of certification is to be used for the purposes of the commencement of time periods for action by the municipal board or agency as required by law.
[Added 12-19-2000 by Ord. No. 1516]
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use, as contained in Chapter 420, Zoning, and upon the issuance of an authorization therefor by the Planning Board.
When used in this chapter, the construction specifications
and standard construction details as prepared by the Borough Engineer
of the Borough of Middlesex.
A composite of the Master Plan for the physical development
of Middlesex County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of Middlesex County.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land or amendments thereto.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
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 New Jersey Revised Statutes.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
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.
An area in which development is regulated by Chapter 224, Flood Damage Prevention, of the Borough of Middlesex.
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated pursuant
to law.
In a criminal or quasicriminal proceeding, any citizen of
the State of New Jersey, and, in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this Act or under any other law of this state or
of the United States or whose right has been denied, violated or infringed
upon by an action or a failure to act under this Act.
Includes improvements and fixtures on, above or below the
surface.
The Planning Board, Zoning Board of Adjustment or such other
approving authority as may be designated by ordinance to review land
development projects within the municipality, whichever board has
jurisdiction over the underlying application or development project.
[Added 4-24-2018 by Ord.
No. 1940]
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Any site plan not classified as a minor site plan.
[Added 12-19-2000 by Ord. No. 1516]
Any subdivision not classified as a minor subdivision.
[Amended 12-19-2000 by Ord. No. 1516]
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.
A development plan for which no variance is required; the
size of the existing building is not increased by more than 25% or
1,500 square feet, whichever is the lesser; the plan does not increase
the number of off-street parking spaces by more than 10% of existing
or more than five spaces in number, whichever is the lesser; the plan
does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42. The plan shall contain the information reasonably required
in order to make an informed determination.
[Added 12-19-2000 by Ord. No. 1516]
A subdivision of land for the creation of three or fewer
lots, including remaining land, fronting on an existing street; provided
that such subdivision does not involve a planned development, any
new street or the extension of an off-tract improvement, the cost
of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
[Amended 12-19-2000 by Ord. No. 1516]
The Planning Board Engineer, Zoning Board of Adjustment Engineer,
Borough Engineer or such engineering consultant as may have been retained
by the municipality to provide professional engineering services.
[Added 4-24-2018 by Ord.
No. 1940]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
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.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under Section 7 of Chapter 291 of the
Laws of 1975.
Any security which may be accepted by a municipality, including
cash, provided that the Borough of Middlesex shall not require more
than 10% of the total performance guaranty in cash or equivalent surety.
The municipal Planning Board of the Borough of Middlesex
established pursuant to Chapter 291 of the Laws of 1975.[3]
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
Includes public parks, playgrounds, trails, paths and other
recreational areas; other public open space; scenic and historic sites;
and sites for schools and other public buildings and structures.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated 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 to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, lighting, structures and
signs and screening devices; and any other information that may be
reasonably required in order to make an informed determination pursuant
to this chapter requiring review and approval of site plans by the
Planning Board adopted pursuant to Article 6 of Chapter 291 of the
Laws of 1975.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Standards adopted by ordinance pursuant to Section 52d[4] regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the municipality
or required by applicable federal or state laws or municipal ordinances.
A facility or other means used to control water runoff and as regulated and required by Chapter 355, Stormwater Control, of the Borough of Middlesex.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
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.
SECONDARY TRAFFIC STREETSStreets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
CONNECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential 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 effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board, or Subdivision Committee thereof
appointed by the Chairman, to be for agricultural purposes where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order; and conveyances so as to combine existing lots by deed
or other instrument. The term "subdivision" shall also include the
term "resubdivision."
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 Chapter 291 of the Laws of 1975,[5] and such other duties relating to land subdivision which
may be conferred on this Committee by the Board.
Any configuration of two or more parking spots wherein automobiles
or other vehicles are parked in a single, double-length perpendicular
parking spot, with one space in front of the other, in a manner that
would require one vehicle to be moved in order for the second one
to exit the parking spot.
[Added 12-17-2019 by Ord. No. 1984]
A way for carrying pedestrian traffic and may be located
within the right-of-way provided for a street or may be located adjacent
to a property line, between lots and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
[Added 12-19-2000 by Ord. No. 1516]
A.
The municipal agency shall hold a hearing for preliminary
major subdivision, preliminary major site plan, any development application
requiring variance and all other cases as stipulated in N.J.S.A. 40:55D-12a.
B.
Public notice of a hearing on an application for development
shall be given for all applications for development requiring variances
as well as for site plan review, minor subdivisions or final subdivision
approval whether variances are requested or not; and further provided
that public notice shall be given in the event that relief is requested
pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-76 as part of an
application for development otherwise excepted herein from public
notice. For purposes of this section, the term “application
for development” shall be defined as including applications
pursuant to N.J.S.A. 40:55D-70a and N.J.S.A. 40:55D-70b, and notice
of applications pursuant to N.J.S.A. 40:55D-70a and N.J.S.A. 40:55D-70b
shall be given in accordance with this section. Public notice shall
be provided according to the procedures set forth in N.J.S.A. 40:55D-12.
[Amended 7-15-2014 by Ord. No. 1853]
[Amended 11-13-1986 by Ord. No. 1087]
A.
General procedures.
(1)
Sketch plats and preliminary and final site plans, together with
an application, shall be filed with the Planning Board Secretary of
the Borough of Middlesex. At the time of filing the application, the
developer shall pay all fees and submit three copies of applications,
maps and other documents as required by this chapter and the Board's
rules and regulations.
[Amended 2-25-2014 by Ord. No. 1846]
(2)
The Administrative Officer, designated as the control person, shall
review the sketch plat and preliminary or final site plan application,
which are filed, with the assistance of the Board Engineer and the
Board Planner to make a determination as to whether or not the application
is complete. If the application is determined to be complete, the
Administrative Officer shall notify the developer that the application
is complete and of the date of the hearing. If the application is
incomplete, the applicant shall be notified in writing of the deficiencies
in said application. If the application is complete, the developer
shall file the required number of copies of plans or maps within the
time prescribed by the Planning Board.
[Amended 2-25-2014 by Ord. No. 1846]
(3)
The Planning Board shall adopt rules and regulations
setting forth the form of application and a checklist with the information
necessary to be shown on sketch plats and preliminary final site plans.
The requirements for sketch plats and preliminary site plans set forth
in the Planning Board's rules and regulations shall not be in conflict
with this chapter.
B.
Minor subdivisions. The Planning Board or designated
Subdivision Committee shall classify the application. If classified
as a minor subdivision, the minor subdivision shall be approved or
denied within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
contested by the applicant. Failure of the Planning Board to act within
the period prescribed shall constitute minor subdivision approval,
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement of other
evidence of approval herein required and shall be so accepted by the
county recording officer for purposes of filing subdivision plats.
[Amended 11-13-1986 by Ord. No. 1087]
A.
Preliminary and final subdivision plans, together with an application,
shall be filed with the Planning Board Secretary of the Borough of
Middlesex. At the time of filing the application, the developer shall
pay all fees and submit three copies of applications, maps and other
documents as required by this chapter.
[Amended 2-25-2014 by Ord. No. 1846]
B.
The Administrative Officer, designated as the control person, shall
review the sketch plat and preliminary or final site plan application,
which are filed, with the assistance of the Board Engineer and the
Board Planner to make a determination as to whether or not the application
is complete. If the application is determined to be complete, the
Administrative Officer shall notify the developer that the application
is complete and of the date of the hearing. If the application is
incomplete, the applicant shall be notified in writing of the deficiencies
in said application. If the application is complete, the developer
shall file the required number of copies of plans or maps within the
time prescribed by the Planning Board.
[Amended 2-25-2014 by Ord. No. 1846]
C.
The Planning Board shall adopt rules and regulations
setting forth the form of application and a checklist with the information
necessary to be shown on sketch plats and preliminary final site plans.
D.
The requirements of preliminary and final subdivision
plans set forth in the Planning Board's rules and regulations shall
not be in conflict with this chapter.
[Amended 4-24-2018 by Ord. No. 1940]
Before consideration of a final subdivision plat or final site plan, the developer will have installed the improvements, and obtained the permits, required under § 248-16 of this chapter; in the event that the improvements listed in § 248-20A of this chapter have not been completed, the Land Use Board shall require the posting of adequate performance guarantees to assure the installation of the required improvements as identified in § 248-20 and N.J.S.A. 40:55D-53. The Borough may require up to 10% of the performance guarantee in the form of cash or other equivalent security. Further, the Land Use Board may stipulate that, for any approval, a certificate of occupancy shall not be issued until all improvements are installed and approved by the Municipal Engineer. However, for a subdivision, at the Board's sole discretion, it may direct that the final two certificates of occupancy shall not be issued until all improvements are installed and approved by the Municipal Engineer, provided that appropriate temporary certificate of occupancy guarantees, private buffer landscape guarantees and maintenance guarantees are provided as per § 248-20 of this chapter for the issuance of the initial certificates of occupancy of that subdivision.
A.
The final plat shall be submitted to the Planning Board Secretary
for final approval within three years from the date of preliminary
approval. The Planning Board shall act upon the completed application
for final plat within 45 days after the date of submission for final
approval, and a certificate of the Administrative Officer as to the
failure of the Planning Board to act shall be issued on request of
the applicant, and it shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required and shall be so accepted
by the county recording officer for purposes of filing subdivision
plats.
[Amended 2-25-2014 by Ord. No. 1846]
B.
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the municipal Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
C.
An applicant shall submit one translucent reproducible
Mylar or equivalent copy, eight black-on-white prints and two copies
of the application form to the Planning Board. Unless the preliminary
plat is approved without changes, the final plat shall have incorporated
all changes or modifications as required by resolution of the Planning
Board.
D.
The final plat shall be accompanied by a statement
by the Borough Engineer that he is in receipt of a map showing all
utilities or extensions thereof 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:
F.
The final plat, after final approval, shall be filed
by the subdivider with the county recording officer within 95 days
from the date of such approval. If any final plat is not filed within
this period, the approval shall expire. The Planning Board may, for
good cause, extend the period for recording for an additional period
not to exceed 190 days from the date of the signing of the plat.
G.
No plat shall be accepted for filing by the county
recording officer unless it has been duly approved by the Planning
Board of the Borough of Middlesex and signed by the Chairman and Secretary
of the Board.
[Amended 2-9-1982 by Ord. No. 922; 3-23-1982 by Ord. No. 929; 8-9-1988 by Ord. No. 1125; 12-12-1995 by Ord. No. 1359; 7-26-2011 by Ord. No. 1803; 6-24-2014 by Ord. No. 1851; 10-14-2014 by Ord. No. 1859; 11-18-2014 by Ord. No. 1865; 2-11-2020 by Ord. No. 1990]
An application to the Planning Board or Zoning
Board of Adjustment for any application for development as defined
herein shall be accompanied by a filing fee which shall be used to
defray the administrative cost of processing the application as follows:
|
Type of Application
|
Application Fee
|
Escrow Amount
|
|---|---|---|
|
Minor subdivision - lot line adjustment
|
$250
|
$2,000
|
|
Minor subdivision
|
$350
|
$3,000
|
|
Preliminary major subdivision
|
$350 plus $50 per lot
|
$4,000, plus $100 per lot
|
|
Final major subdivision
|
$400
|
50% of preliminary subdivision
|
|
Variance with subdivision
|
$400
|
$4,000 plus $500 per variance
|
|
Minor site plan
|
$500
|
$6,000
|
|
Major site plan
|
$500 plus $100 per lot
|
$10,000 plus $200 per lot
|
|
Variance with site plan
|
$500 plus $100 per lot and $100 per variance
|
$10,000 plus $200 per lot and $500 per variance
|
|
Redevelopment application
|
$1,000 plus $100 per lot and $100 per deviation
|
$10,000 plus $200 per lot and $500 per deviation
|
|
Interpretation application (N.J.S.A. 40:55D-68
and 40:55D-70a, b)
|
$400
|
$1,500
|
|
Residential variance application
|
$400
|
$1,000
|
|
Special meetings/appeals
|
$1,000
|
$5,000
|
|
Variance application - residential accessory
building
|
$250
|
$500
|
|
Site plan review and requirements for New Jersey
Department of Environmental Protection permits or county environmental
protection permits
|
$500
|
$6,000 plus $100 per lot
|
A.
The Planning Board, when acting upon applications
for sketch plats or preliminary subdivision approval, shall have the
power to grant such exceptions from the requirements for subdivision
approval as may be reasonable and within the general purpose and intent
of the provisions for subdivision review, if the literal enforcement
of one or more provisions of this chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
B.
The Planning Board, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review, if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
[Amended 11-13-1986 by Ord. No. 1087]
The sketch plat shall be based on a survey of
land prepared by a New Jersey licensed surveyor at a scale preferably
not less than 100 feet to the inch in order to enable the entire tract
to be shown on one sheet and shall show or include, in addition to
the proposed street layout, the following information:
A.
A key map showing the general location of the site.
B.
A map drawn at a minimum scale of one inch equals
100 feet.
C.
The location of that portion which is to be subdivided
in relation to the entire tract.
D.
The names and addresses of the applicant and the property
owner.
E.
The Tax Map sheet, block and lot number.
F.
Zoning boundaries and a schedule indicating required
bulk regulations and requested variances.
G.
The title and date of the plan, revision box and North
arrow.
H.
All existing structures, topography and wooded areas
within the portion to be subdivided and within 200 feet thereof.
I.
The names of the owners and lot and block numbers
of all adjoining property.
J.
The name and New Jersey license number of the land
surveyor preparing the plat.
L.
A stockholder's certificate, if applicable.
[Amended 11-13-1986 by Ord. No. 1087]
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 New Jersey land surveyor. All engineering details shown on the plat shall be certified and sealed by a New Jersey licensed engineer. The plat shall be designed in compliance with the provision of § 248-21 of this chapter and shall show or be accompanied by the following information:
A.
A key map showing the entire subdivision and its relation
to surrounding areas within 1,000 feet and zone boundaries.
B.
A map drawn at a minimum scale of one inch equals
100 feet.
C.
The tract name; Tax Map sheet, block and lot number;
date; north arrow; graphic scale; and the following names and addresses:
(1)
The name and address of the recorded owner or owners.
(2)
The name and address of the subdivider.
(3)
The name, address, New Jersey license number, seal
and signature of the person who prepared the map.
(4)
The names of the owners and the lot and block numbers
of properties within 200 feet of the extreme limits of subdivision.
D.
Acreage of the tract to be subdivided, to the nearest 1/10
of an acre.
E.
Zoning boundaries and a schedule indicating required
bulk regulations and requested variances.
F.
Sufficient elevations and contours, drawn at one-foot
vertical intervals for slopes averaging 10% or less and at five-foot
intervals for land of greater slopes, to determine the general slope
and natural drainage of the land and the high and low points.
G.
The proposed street system and right-of-way for pedestrian
traffic. Elevations at important points on the street system, such
as street intersections, high and low points, etc., shall be indicated.
Plans and profiles of existing or minimum distance of 200 feet beyond
the subdivision boundaries.
H.
The location of existing and proposed property lines,
streets, buildings, watercourses, railroads, bridges, culverts, drainpipes
and any natural features, such as wooded areas and rock formations.
I.
Plans for proposed utility layouts (water, gas and
electricity), showing feasible connections to existing or any proposed
utility system.
J.
Plans and profiles of all proposed and existing sanitary sewers, storm drains, drainage ditches and streams within the subdivision, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drain, drainage ditch or stream to which the proposed facility shall be connected. The plat shall show flood hazard boundaries as per Chapter 224, Flood Damage Prevention, of the Borough of Middlesex, if applicable.
K.
When the development of the subdivision or improvements
within the subdivision are contingent upon information outside the
boundaries of said subdivision, such information shall be supplied
by the subdivider.
L.
The proposed stormwater retention or detention facilities
as required by Chapter 335, Stormwater Control.
M.
A copy of any protective covenants or deed restrictions
applying to the land being subdivided.
N.
The proposed landscaping and lighting.
O.
A signature block for required approvals.
P.
A stockholders certificate, if applicable.
Q.
A tax affidavit.
The final plat shall be drawn in ink on tracing
cloth or Mylar at a scale of not less than one inch equals 100 feet
and shall be in compliance with all applicable provisions of Chapter
358 of the Laws of 1953 and N.J.S.A. 46:23-9.9 et seq. The final plat
shall show or be accompanied by the following:
A.
Date, name and location of the subdivision; name of
the owner; graphic scale; and north arrow.
B.
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, bearing or deflection angles and radii, area
and central angles of all curves.
C.
The purpose of any easement or land reserved or dedicated
to public use and the proposed use of sites other than residential.
D.
Each block and lot(s) within each block shall be numbered
as assigned by the Borough Tax Assessor.
E.
Minimum building setback lines on all lots and other
sites.
F.
Location of all existing and proposed monuments.
G.
Block and lot numbers of adjoining lots and name(s)
of owner(s).
H.
Certification by the surveyor as to the accuracy of
the details of the 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.
Certification of approval by any officer or body of
a municipality, county or state when such approval is required.
K.
Final cross sections and profiles of streets, curbs
or gutters if changed from preliminary plat approval or required by
the Borough Engineer.
L.
Plans and profiles of storm and sanitary sewers and
water mains and cross sections of manholes, catch basins and other
appurtenances approved by the Borough Engineer.
M.
Plans and profiles of all streams, ditches and watercourses,
where applicable.
N.
A certificate from the Tax Collector that all taxes
are paid to date.
[Amended 2-25-2014 by Ord. No. 1846]
A site plan, as herein required, shall be submitted
in 18 copies to the Planning Board Secretary. The preliminary and
final site plans shall be drawn, show or be accompanied by the following:
A.
A minimum scale of 50 feet to the inch, except where
otherwise authorized by the Planning Board. All distances shall be
in feet and decimals of a foot, and all bearings shall be given to
the nearest 10 seconds.
B.
The names of all owners of record at all adjacent
properties and any property directly across from any official street
and the block and parcel number of the property and a key map showing
general location of the site to adjacent properties.
C.
Existing zoning district boundaries, boundaries of
the property, setback lines and lines of existing streets, lots, reservations,
easements and areas dedicated to public use, where applicable.
D.
A copy of any covenants or deed restrictions that
exist or are intended to cover all or any part of the tract.
E.
Location of existing buildings and all other physical
structures, such as walls, fences, culverts, bridges and roadways,
with spot elevations of such features. The outline of such structures
shall be indicated by a dashed line.
F.
Location of all storm drainage structures and utility
lines, whether existing or proposed, publicly or privately owned.
G.
Existing and proposed contours with intervals of one
foot where slopes are 10% or less and five feet where slopes are more
than 10%, referred to a datum as required by the Borough Engineer.
Control elevations shall be shown.
H.
Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including flood hazard boundaries as defined by Chapter 224, Flood Damage Prevention, of the Borough of Middlesex.
I.
Title, date, north arrow, scale, name and address
of record owner and name, address and New Jersey professional license
number and seal of the engineer, architect or land surveyor preparing
the site development plan, to appear in a box at the lower right-hand
corner of the site plan which shall contain the date of revisions.
J.
A survey prepared by a surveyor licensed in the State
of New Jersey, which survey shall show the boundaries of the parcel
and the limits of all proposed streets, easements and any other property
to be dedicated to public use.
K.
The proposed use or uses of land and buildings and
proposed location of buildings and elevations of all proposed buildings.
L.
All proposed means of vehicular access and egress
to and from the site onto public streets, showing the location and
dimension of driveways and curb cuts.
M.
The location and design of any off-street parking
areas or loading areas, showing size and location of bays, aisles
and barriers.
N.
The location of all proposed waterlines, valves and
hydrants and of all sewer lines or alternative means of water supply
or sewage disposal and treatment in conformance with the applicable
standards of the Borough and the New Jersey Department of Environmental
Protection.
O.
The proposed location, direction of illumination,
type and shielding of proposed outdoor lighting.
P.
All proposed landscaping, including a planting plan,
showing type, size and quantity of proposed plantings.
A.
Street signs. Approved street signs shall be installed
at all street intersections by the applicant, if applicable, in accord
with the Borough specifications.
B.
Walkways. The subdivider shall construct, on one side
of each lot, a walkway four feet in width and located no less than
one foot from the side line of the roadway but within the fifty-foot
right-of-way. The developer shall construct, on one side of each street,
a walkway four feet in width and constructed in accordance with standard
Borough specifications. Sidewalks or additional walkways shall be
required in residential, business or industrial areas as determined
on an individual basis.
C.
Topsoil protection. Topsoil removal shall be in accordance with Chapter 347 of the Code of the Borough of Middlesex.
E.
Drainage. Drainage shall be provided so that surface
water will not flow either over private property, unless the course
of the natural drainage by an existing ditch is indicated, or over
said street so as to erode same. The method of disposal of surface
waters must be satisfactory in the opinion of the Borough Engineer.
In the case of a major subdivision, the drainage plan for the entire
subdivision, including the street or streets, must be submitted with
the preliminary plans at the time of the request for preliminary approval
of the Planning Board. There must be sufficient drainage to intercept
any water seepage so as to overcome unfavorable subgrade underground
service connections, and same are to be completed before the placing
of any pavement construction material. All driveways from house to
street shall be constructed in such a manner as not to interfere with
the flow of water in the road or drainage ditches along the public
road. Stormwater drainage calculations shall accompany drainage plans.
Storm drainage facilities shall generally be designed in accordance
with the following standards:
F.
New roads. In all subdivisions, the subdivider shall
construct a paved roadway 30 feet wide or larger as required by the
Planning Board. Specifications for new roads shall be described below.
However, modifications based on soil conditions may be required or
permitted to either increase or decrease pavement thickness due to
engineering evaluation. In instances where the site plan and/or subdivision
is located on a county road, the road should be improved and/or constructed
to the standards set forth in the Middlesex County Land Subdivision
and/or Site Plan Resolutions.
G.
Curbing. Every residential street shall have integral
concrete curb and gutter or Belgian block curb where prevailing. The
curbing shall be a minimum of six inches thick and the gutter portion
thereof shall be a minimum of six inches thick and 24 inches wide.
Composition of the concrete material shall be Class B concrete as
defined in the standards set forth and in accordance with New Jersey
State Highway Department Standard Specifications, 1962. All aprons
shall be of six-inch-thick concrete.
H.
Existing roads. No street or road already constructed
shall be accepted by the Borough of Middlesex unless the Borough Engineer
first certifies that such street or road is in such condition as to
substantially comply with the standards prescribed for new streets
or roads or until the owner or owners thereof shall have improved
such street or road in accordance with the recommendations of the
Borough Engineer.
I.
Streetlighting. Streetlighting shall be as required
by local ordinance.
J.
Sanitary sewer. Sanitary sewers shall be installed
in areas which are accessible to a public sewer system and shall be
installed in accordance with specifications approved by the Borough
Engineer. If a public sewer system is not accessible, a sewage disposal
system shall be installed in accordance with the requirements of the
State Department of Health and subject to the approval of the Borough
Engineer and the Borough of Middlesex Board of Health.
K.
Utilities. The subdivider shall request the serving
utility to install its distribution supply lines, services and streetlighting
supply facilities underground in accordance with its specifications
and with the provisions of the applicable standard terms and conditions
incorporated as a part of its tariff, as the same are then on file
with the State of New Jersey Board of Public Utility Commissioners,
and shall submit to the Planning Board a written instrument from each
serving utility which shall evidence its disposition of the request.
If approved by the utility, the subdivider shall, if so directed by
the Planning Board, arrange with the utility for such underground
installation; provided, however, that lots which, in such subdivisions,
abut existing streets where overhead electric or telephone distribution
supply lines have heretofore been installed on any portion of the
street involved may be supplied with electric and telephone service
from those overhead lines or extensions thereof, but the service connections
from the utilities' overhead lines may be installed underground.
L.
Earth removal. No change shall be made in the elevation
or contour of any lot or site by removal of earth to another site
except when approved by the Borough Engineer. All changes in elevation
and contours approved by the Borough Engineer shall be shown on the
preliminary plat and profiles.
M.
Street trees. Where required by the Land Use Board. Two new street
trees shall be installed on the owner's property so as not to interfere
with utilities, roadways or walkways and sidewalks. Trees shall be
two inches or more in diameter, 12 feet or more in height and shall
include but not be limited to the following types: silver linden;
European linden; sweet gum; Norway red, crimson, king or sugar maple;
and red, pink black or scarlet oak. All plant material must be certified
to be nursery-grown stock or the equivalent and not collected material.
Street trees shall not be required if two or more equivalent trees
exist and are to remain in the front yard area.
[Amended 4-24-2018 by Ord. No. 1940]
N.
Water mains. Water mains as required by the water
company and/or the Municipal Engineer and identified on the approved
plans, if any, shall be required.
[Added 12-19-2000 by Ord. No. 1516;
amended 4-24-2018 by Ord. No. 1940]
O.
Public improvements to open space. All public improvements to open
space, if any, as provided for on the approved plans shall be required.
[Added 4-24-2018 by Ord.
No. 1940]
P.
Except as provided by N.J.S.A. 5:21-1 et seq.
[Added 4-24-2018 by Ord.
No. 1940]
[Added 5-27-1986 by Ord. No. 1062]
A.
General provisions.
(1)
Scope of provisions. Off-street parking, unloading
and service requirements of this section shall apply and govern in
all present and future zoning districts within the Borough. Except
as provided in this section, no application for a building permit
shall be approved unless there is included with the plan for such
building, improvement or use a site plan showing the required space
reserved for off-street parking, unloading and service purposes. An
occupancy permit shall not be given unless the required off-street
parking, unloading and service facilities have been provided in accordance
with those shown on the approved plan.
(2)
Duty to provide and maintain off-street parking and
loading. No land shall be used or occupied; no structure shall be
designed, created, altered, used or occupied; and no use shall be
operated, unless off-street parking and loading facilities are provided
in at least the amount and maintained in the manner required by this
section; provided, however, that any use in operation on the effective
date of these regulations is not affected by the provisions of this
section until such time as the existing gross floor area is increased.
(4)
Commercial vehicles. Trucks, tractors, trailers and
semitrailers, tractors, omnibuses, commercial bus vehicles and or
a school bus vehicle Type 1, as defined by N.J.S.A. 39:1-1, having
a registered gross weight in excess of four tons shall not be parked
in any residential zone at any time or on the street adjoining the
same, unless delivering merchandise or providing services to public.
[Amended 7-8-1997 by Ord. No. 1397]
B.
Plan and design standards.
(1)
Required size of parking spaces and access.
(a)
Employee off-street parking spaces. Each parking
space shall be not less than nine feet wide nor less than 18 feet
deep. Employee parking spaces shall not be intermixed with other spaces.
Employee parking must be located in separated and designated parking-bay
areas.
(b)
All other off-street parking spaces. Each space
shall be not less than 10 feet wide nor less than 19 feet deep.
(c)
All parking spaces shall connect to an on-site
driveway.
(2)
Provision for proper drainage and maintenance. All
off-street parking, off-street loading and service facilities shall
be so drained as to prevent damage to abutting properties or public
streets and shall be constructed of materials which will assure a
surface resistant to erosion. Such drainage and materials shall be
installed as approved by the Borough Engineer. All such areas shall
at all times be maintained at the expense of the owners thereof in
a clean, orderly and dust-free condition.
(3)
Separation from walkways and streets. All off-street
parking, off-street loading and service areas shall be separated by
walkways, sidewalks, streets or alleys by curbing or other protective
device.
(4)
Private walks adjacent to business buildings. A private
walk, if provided, adjacent to a building shall not be less than four
feet in width and shall be in addition to the other requirements of
this section.
(5)
Screen required when adjoining property is residential.
Where off-street parking, loading or service areas are proposed to
be located closer than 50 feet to a lot in any residential zoning
district or to any lot upon which there exists a dwelling as a permitted
use under these regulations, except where a state or federal highway
coincides or is located between the lot line and the residential district,
and where such parking, loading or service areas are not entirely
screened visually from such lot by an intervening building or structure,
there shall be provided along the lot line a continuous screen in
accordance with applicable buffer and transition requirements set
forth in this chapter. No such screen shall extend nearer to a street
right-of-way line than the established building line of the adjoining
residential lot, and no screen shall be required along the line of
a public street.
(6)
Interior driveway. Interior driveways shall be at
least 24 feet wide where used with ninety-degree-angle parking, at
least 20 feet wide where used with sixty-degree-angle parking and
at least 15 feet wide where used with forty-five-degree-angle parking.
Where used with parallel parking or where there is no parking, interior
driveways shall be at least 12 feet wide for one-way traffic movement
and at least 22 feet wide for two-way traffic movement.
(7)
Connection to a public right-of-way. Each off-street
parking, loading or service area shall be connected to a public street
right-of-way by means of a driveway constructed in accordance with
at least the minimum standards required by the Engineer.
(8)
Size of driveways. A driveway, exclusive of curb return
radii, shall be not less than 12 feet nor more than 24 feet in width.
(9)
Location of curb cuts. At the intersection of streets,
except lanes and alleys, a curb cut shall be set back not less than
25 feet from the intersection of two curblines or such lines extended
and shall be set back not less than five feet from the intersection
of two property lines or such lines extended. Between the curb returns
for any two driveways serving the same property, there shall be at
least 25 feet of curb, except that this distance may be reduced to
as little as five feet where it is demonstrated that restricted frontage
makes this necessary in order to provide not more than two adequate
driveways for the property.
(10)
Off-street parking space within building. Garage
space or space within a building, in basements or on the roofs of
buildings may be used to meet the off-street parking requirements
of this chapter, provided that each space is designated to serve as
an off-street parking space.
(11)
Pavement markings and signs. Each off-street
parking space shall be clearly marked, and pavement directional arrows
or signs shall be provided wherever necessary. Markers, directional
arrows and signs shall be properly maintained so as to ensure their
maximum efficiency.
(12)
Lighting for night use. Adequate lighting shall
be provided if the off-street parking facilities are used at night.
If the parking facilities abut residential land, the lighting shall
be arranged and installed so as not to reflect or cause glare on the
abutting residential land, in accordance with provisions of performance
standards.
[Amended 6-29-1993 by Ord. No. 1285]
(a)
Lighting. A minimum of 0.25 of a footcandle
shall be provided for all nonresidential off-street parking facilities.
(b)
A minimum of one footcandle shall be provided
at driveways and driveway internal intersections.
(c)
The lighting of parking facilities that abut
residential land shall be arranged and installed so as not to reflect
or cause glare on the abutting residential land, in accordance with
provisions of performance standards.
(d)
Unshielded spotlight or floodlight fixtures
attached to buildings are prohibited.
(e)
Freestanding lights shall not exceed 25 feet
in height.
(13)
Required off-street parking area shall not be
reduced. No off-street parking area shall be reduced in size or encroached
upon by any building, vehicle storage, loading or unloading or any
other use where such reduction or encroachment will reduce the off-street
parking and loading spaces below that required by these regulations.
(14)
Joint parking facilities. The off-street parking
requirements for two or more nonresidential neighboring uses of the
same or different types located on the same lot or on contiguous lots
and within the same zoning district may be satisfied by the allocation
of the required number of spaces for each use in a common parking
facility, provided that the number of off-street parking spaces is
not less than the sum of individual requirements, and provided that
there is compliance with all other provisions of these regulations.
(15)
Parking provided on same lot as main building.
Off-street parking spaces for one-family, two-family and multifamily
dwellings shall be provided on the same lot as the main building.
Off-street parking spaces for all other uses shall be provided on
the same lot as the main building to be served by such parking, unless
otherwise provided for herein.
(16)
Requirements for combined uses. The number of
off-street parking spaces required by land or buildings used for two
or more purposes shall be the sum of the requirements for the various
individual uses.
(17)
Sharing of parking facilities. Off-street parking
facilities for one use shall not be considered as providing the required
facilities for any other use, provided that 1/2 of the off-street
parking space required by any use whose peak attendance will be at
night or on Sundays, such as churches, theaters and assembly halls,
may be assigned to a use which will be closed at night or on Sundays.
(18)
Computing number of employees. For the purpose
of this subsection, the number of employees shall be computed on the
basis of the average number of persons to be employed, taking into
consideration day, night and seasonal variations.
(19)
Fractional spaces required. When units of measurement
determining the number of required off-street parking spaces and off-street
loading spaces result in the requirement of a fractional space, any
fraction up to and including 1/2 shall be disregarded and any
fraction over 1/2 shall require one off-street parking or loading
space.
(20)
Off-street parking and loading space within
required setback. No required off-street parking and loading space,
including maneuvering areas for such off-street parking and loading
space, shall be established between the front property line and the
front yard setback line in the Borough's Industrial District.
[Amended 6-29-1993 by Ord. No. 1285]
(21)
Other use of off-street parking spaces prohibited.
No off-street parking or loading area shall be used for the sale,
repair, dismantling or servicing of any vehicle, equipment, materials
or supplies.
(22)
Size of loading berth.
(a)
A loading berth shall be at least 12 feet wide
with at least 15 feet overhead clearance. The length of the loading
berth shall be least 48 feet or shall be a length such that the horizontal
distance from the front of a dock for back-in parking to the limit
boundary of the loading and unloading area shall be not less than
twice the overall length of the longest vehicle expected to use the
facility.
(b)
A loading space need not be necessarily a full
berth but shall have a minimum plan dimension of at least 10 feet
overhead clearance.
[Amended 6-29-1993 by Ord. No. 1285]
(23)
Paving.
(a)
Areas of ingress and egress, loading and access
aisles, and other areas to experience interior driveways or heavy
traffic will be paved with not less than four inches of compacted
bituminous stabilized base and a minimum of two-inch thick bituminous
surface course, FABC.
(b)
Parking areas and other areas to experience
light traffic shall be paved with not less than three inches of compacted
bituminous stabilized base and a minimum of two inches of thick compacted
bituminous surface course, FABC.
(c)
Where subbase conditions are wet, springy, or
not of a nature where it can be considered firm and unyielding, these
areas shall be excavated to a depth below proposed subgrade elevations
and filled with a suitable subbase material as may be determined by
the Borough Engineer.
(d)
All off-street parking and driveways shall be
set back a minimum of two feet from any property line.
[Added 6-29-1993 by Ord. No. 1285]
(24)
Curbing. All off-street parking areas and driveways
in nonresidential districts shall have concrete or granite block curbing.
The curbing shall be a minimum of six inches high, as approved by
the Borough Engineer.
[Added 6-29-1993 by Ord. No. 1285]
C.
Minimum space requirements for off-street parking
areas.
(1)
Automobile and gasoline service stations: at least
one space for each gasoline pump, grease rack or similar service area.
(2)
Automobile repair and service stations: at least one
space for each gasoline pump, grease rack or similar service area
and one additional space for each 500 square feet of gross floor area
of the shop or garage.
(3)
Automobile sales establishments; flower or plant nurseries
and landscape gardeners' businesses: at least one space for every
1,000 square feet of the building area used for such purposes.
(4)
Bowling establishments: at least four spaces for each
bowling lane. If additional facilities, such as a bar or restaurant
are provided, additional parking spaces shall be provided in accordance
with the requirements for similar uses set forth in this section.
(5)
Churches, synagogues or other places of worship: at
least one space for each five seats.
(6)
Commercial, retail or personal service establishments,
unless otherwise specified hereinafter: at least one space of each
200 square feet of gross first floor area, plus one additional space
for each 300 square feet of additional gross floor area.
[Amended 6-29-1993 by Ord. No. 1285]
(7)
Educational institutions, public or private: at least
one space for each two employees, including teachers and administration,
sufficient off-street spaces for the safe and convenient loading and
unloading of students and additional facilities for student parking,
taking into consideration the total number of students driving automobiles.
The requirements for stadium, gymnasium and auditorium use shall be
in addition to the above requirements.
(8)
Eleemosynary or philanthropic institutions: at least
one space for each two employees, plus such additional facilities
for residents and visitors as shall be deemed necessary in accordance
with the provisions of § 82-6.
(9)
Professional home offices: at least one parking space
in addition to the requirement for the dwelling unit, plus one additional
space for any full-time employee, where permitted, except that, in
the case of doctors and dentists, three parking spaces in addition
to the requirement for the dwelling unit, plus one space for any full-time
employee, shall be required.
(10)
Hotel-motel: one space for each sleeping room.
(11)
Industrial or manufacturing establishment or
warehouses: at least one space for each two plant employees and one
space for each 800 square feet of floor area, except that the Planning
Board may waive the construction of up to 50% of the required number
of spaces, provided that an area equal to the amount of off-street
parking area waived by the Planning Board is reserved and so delineated
on a site plan as off-street parking area.
[Amended 6-29-1993 by Ord. No. 1285]
(12)
Medical or dental practitioner's offices: Each
office shall provide at least five spaces for each professional person
occupying or using each office, plus an additional space for each
employee.
(13)
Mortuaries or funeral homes: at least one parking
space for each four seats in the chapel, one additional space for
each residential family and one additional space for each funeral
vehicle.
(14)
Motels, auto courts, motor lodges and tourist
courts: at least one space for each guest or sleeping room.
(15)
Multifamily dwellings: 1.75 spaces per dwelling
unit. In no event shall tandem parking spaces as defined in this chapter
be permitted in any residential building in the Borough where said
residential building consists of three or more rental units.
[Amended 12-17-2019 by Ord. No. 1984]
(16)
Office buildings, professional buildings or
similar uses: at least one space for each 300 square feet of floor
area, exclusive of utility rooms, stairwells and corridors and other
common areas.
(17)
One- or two-family detached dwellings: at least
two spaces per dwelling unit. A driveway shall be calculated as providing
two off-street parking spaces, provided that the same has a surface
area of 400 square feet or greater.
(18)
Private clubs: at least one space for 150 square
feet of gross floor area.
(19)
Restaurants or similar places dispensing food,
drink or refreshments: at least one space for each three seats provided
for patron use or one space for each 75 square feet of building floor
area, excluding kitchen and utility room(s), whichever is the greater.
(20)
Shopping centers: at least 6.5 spaces for each
1,000 square feet of floor area or fraction thereof for shopping centers
having a gross floor area of less than 200,000 square feet. In shopping
centers containing more than 200,000 square feet of gross floor area,
5.5 spaces for each 1,000 square feet of floor area or fraction thereof
shall be required.
(21)
Swimming pools or natural bathing places operated
for profit: at least one space for each four persons within the recommended
or legal capacity prescribed under applicable state and local laws,
ordinances or resolutions.
(22)
Theaters: at least one space for each four seats.
(23)
Tennis courts: four spaces per court, plus one
space for each 200 square feet of floor area used for lounge or restaurant
service.
(24)
Neighborhood convenience centers: at least four
spaces for each 1,000 square feet of gross floor area.
[Added 6-29-1993 by Ord. No. 1285]
(25)
Bars and nightclubs: at least one space for
every 25 occupants permitted by law.
[Added 6-29-1993 by Ord. No. 1285]
(26)
Warehouse: at least one space for each 5,000
square feet of gross floor area.
[Added 6-29-1993 by Ord. No. 1285]
D.
Minimum requirements for off-street loading space
for industrial and wholesale operations with gross floor areas of
10,000 square feet or over are as follows:
|
Greater Floor Area
(square feet)
|
Required Spaces
| |
|---|---|---|
|
10,000 to 40,000
|
1
| |
|
40,001 to 100,000
|
2
| |
|
100,001 to 160,000
|
3
| |
|
160,001 to 240,000
|
4
| |
|
Each 100,000 above 240,000
|
1
|
E.
Except and as provided by N.J.A.C. 5:21-1 as applicable.
[Added 12-19-2000 by Ord. No. 1516]
Additional improvements and guaranties prior
to final approval where off-tract improvements are required shall
be as follows:
A.
Where the need for off-tract improvements of the type described in § 248-16 of this chapter is, in whole or in part, made necessary by the application of the subdivider and the installation of the improvement would confer a benefit upon the subdivision, a determination of the contribution of the developer for said off-tract improvement shall be made in accordance with the provisions as hereinafter set forth, and the performance of the work or the posting of adequate performance guaranties to ensure installation of the required off-tract improvement of improvements shall be made by the developer.
B.
Where the Planning Board has determined by resolution
the necessity of an off-tract improvement, it shall forward its recommendation,
together with the estimated cost of the off-tract improvement, to
the governing body of the Borough of Middlesex. Said estimated cost
of the off-tract improvement shall set forth an estimate by which
all properties to be serviced thereby, including the developer's property,
shall be benefited thereby.
C.
Upon receipt of the recommendation and report of the
Planning Board, the governing body shall, within 30 days from the
date of receipt thereof, make a determination as follows:
(1)
That the recommended off-tract improvement should
not be required of the developer.
(2)
If the governing body, by resolution, concurs with
the recommendation of the Planning Board in whole or in part, it shall
notify the Planning Board of its recommendation, and the Planning
Board shall then, with the aid of the Borough Engineer or such other
persons who have pertinent information or expertise, calculate the
cost of the improvement and the amount by which all properties to
be serviced thereby, including the subdivider's property, will be
specifically benefited therefrom.
D.
Manner of construction. Upon completion of the Planning
Board studies with respect to the cost of the improvement and special
benefits to be conferred, these reports shall be forwarded to the
governing body, and a determination shall be made by the governing
body as to whether the off-tract improvement is to be constructed:
E.
Amount of contribution. When this has been determined,
the subdivider may be required to provide, as a condition for final
approval of the subdivision, a bond or a cash deposit in lieu thereof
to ensure payment to the Borough of one of the following amounts:
(1)
If the improvement is to be constructed by the Borough
as a general improvement, an amount equal to the difference between
the estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subdivision property, will be specifically benefited by the off-tract
improvement.
(2)
If the improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in Subsection E(1), the estimated amount by which the subdivision will be specifically benefited by the off-tract improvement.
(3)
If the improvement is to be constructed by the subdivider,
an amount equal to the estimated cost of the off-tract improvement,
less an offset for benefits to properties other than the subdivision.
F.
Determination of special benefits. In determining
benefits conferred on properties specially benefited by an off-tract
improvement, the following formula shall be used, subject to adjustment
for peculiar or exceptional conditions:
(1)
The subdivision shall be allocated that percentage
of 100 computed by dividing the subdivision land area by the total
land area benefited by the off-tract improvement.
(2)
The subdivision shall be allotted that percentage
of 100 computed by dividing the maximum potential intensity of use
of the subdivision, total square feet of building floor area, by the
maximum potential intensity of use under existing zoning limitations
in the total land area benefited by the off-tract improvement.
(3)
In the case of linear improvements, i.e., roads, curbing,
sidewalks, pipes, drains, sewers, drainage easements, etc., the subdivision
shall be allotted that percentage of 100 computed by dividing the
distance, measured along the course of the off-tract improvement,
from the connecting facility to the farthest abutting point of the
subdivision by the sum of the distance of all intervening properties,
including the subdivision, abutting the off-tract improvement similarly
measured.
(4)
The sum of Subsection F(1), (2) and (3), if applicable, shall be divided by two, or three if Subsection F(3) is included, to arrive at the percentage which, subject to discretionary adjustment as above stated, shall be the percentage of the total cost of the off-tract improvement which shall be apportioned to the subdivider.
G.
The requirement of appropriate off-tract improvements
and the apportionment of the cost of a portion thereof to the subdivider
shall, where applicable, be a condition of either preliminary (tentative)
approval or final approval of the major subdivision or a condition
of classification as a minor subdivision. If not imposed as a condition
of preliminary approval, such off-tract improvements and the apportionment
of the cost thereof shall be considered improvements under the terms
of this chapter and may be imposed at the time of final approval.
H.
Payment of allocated cost.
(1)
The estimated cost of the off-tract improvement allocated
to the subdivider, if deposited in cash, shall be paid by the subdivider
to the Borough Treasurer, who shall provide a suitable depository
therefor, and such funds shall be used only for the off-tract improvements
serving the same purpose. If such improvements are not initiated by
the Borough within a period of 10 years from the date of payment,
then funds so deposited shall be returned, together with accumulated
interest or other income thereon, if any.
(2)
In the event that the payment by the subdivider to
the Borough Treasurer provided for herein is less than its share of
the actual cost of the off-tract improvement, then the subdivider
shall be required to pay its additional share of the cost thereof.
(3)
In the event that the payment by a subdivider to the
Borough Treasurer provided for above is more than its appropriate
share of the actual cost of installation of the off-tract improvements,
the subdivider shall be repaid an amount equal to the difference between
the deposit and its share of the actual cost.
(4)
Before apportioning the cost of off-tract improvements
to a subdivider, the Planning Board shall notify and afford the subdivider
an opportunity to be heard thereon at a public meeting. If the subdivider
shall deem that any of the amounts so estimated by the Planning Board
are unreasonable, the subdivider may challenge them and seek to have
them revised in appropriate proceedings brought to compel subdivision
approval.
(5)
If the subdivider and the Borough cannot agree with
respect to the subdivider's appropriate share of the actual cost of
the off-tract improvement or the determination made by the officer
or Board charged with the duty of making assessments as to special
benefits if the off-tract improvement is constructed as a local improvement,
the dispute shall be decided in an appropriate judicial proceeding.
I.
Assessment of properties. Upon receipt from the subdivider
of its allocated share of the costs of the off-tract improvements,
the Borough may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-tract improvements
based upon the actual cost thereof. Any portion of the cost of the
improvements not defrayed by a subdivider may be assessed against
benefiting property owners by the Borough. Any assessment for benefits
conferred made against the subdivider or its successors in interest
shall be first offset by a pro rata share credit of the allocated
costs previously deposited with the Borough Treasurer pertaining thereto.
The subdivider, or his successors in interest, shall not be liable
for any part of an assessment for such improvements unless the assessment
exceeds its pro rata share credit for its deposit and then only to
the extent of the deficiency.
J.
Credit for work performed. In the event that the subdivider
installs and constructs an off-tract improvement on any portion thereof,
which improvement is accepted by the Borough, then the cost, as submitted
by the assessment commission and certified by the Mayor and Council,
shall be treated as a credit against any future assessment for that
particular off-tract improvement or portion thereof constructed by
the Borough in the same manner as if the subdivider had deposited
its apportioned cost with the Borough Treasurer as provided herein.
K.
Installation of improvements by applicant.
(1)
At the discretion and option of the Borough, the Borough
may enter into a contract with the subdivider providing for the installation
and construction of the off-tract improvements by the subdivider upon
contribution by the Borough of the remaining unallocated portion of
the cost of the off-tract improvement.
(2)
In the event that the Borough so elected to contribute
to the cost and expense of installation of the off-tract improvements
by the subdivider, the portion contributed by the Borough shall be
subject to possible certification and assessment as a local improvement
against benefiting property owners in the manner provided by law,
if applicable.
L.
Design standards. Should the subdivider and the Borough enter into a contract for the construction and erection of the off-tract improvements to be done by the subdivider, the subdivider shall observe all requirements and principles of Chapter 248, Land Development, and other ordinances in the design of such improvements.[1]
A.
All construction stakes and grades shall be set by
a professional engineer or land surveyor in the employ of the developer
or his contractor, and a duplicate copy of the notes made therefrom
shall be filed with the Borough Engineer.
B.
No construction work shall commence without the Borough
Engineer being properly notified. Such notice shall be given at least
one week before the commencement of work.
[Amended 4-24-2018 by Ord. No. 1940]
A.
Prior to granting approval of the final plat for site plan or subdivision
or the recording of a minor subdivision deed, the developer shall
have installed or shall have furnished performance guarantees to the
Borough in an amount not to exceed 120% of the costs of installation
as provided for in N.J.S.A. 40:55D-53 for improvements required by
an approval or developer's agreement, ordinance or regulation, to
be dedicated to a public entity, and that have not yet been installed.
The improvements shall be shown on the approved plans and include
the following: streets, pavement, gutters, curbs, sidewalks, streetlighting,
street trees, surveyor's monuments, as shown on the final map and
required by the Map Filing Law, P.L. 2011 c. 217 or N.J.S.A. 46:26B-1
through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community
septic systems, drainage structures, public improvements of open space
and any grading necessitated by the preceding improvements.
(1)
The Borough may also require a performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
(2)
Such performance guarantee(s) shall run for a period no more than
two 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 guarantee an additional period, not to exceed
three years. The amount of the performance guarantee may be reduced
by the governing body by resolution when the portions of the required
improvements have been installed and approved by the Municipal Engineer
as provided for herein.
(3)
The cost of installation of improvements for the purposes of this
section shall be estimated by the Municipal Engineer based on documented
construction costs for the public improvements prevailing in the general
area of the municipality.
B.
No final plat, or minor subdivision deed, shall be approved by the Land Use Board until the completion of all such required improvements has been certified to the Land Use Board by the Municipal Engineer, unless the developer shall have filed with the Borough of Middlesex a performance guarantee sufficient in amount to cover the cost of all such on-tract improvements, to be dedicated to a public entity, as provided for in Subsection A above, or uncompleted portions thereof, as estimated by the Municipal Engineer, and insuring the installation of such uncompleted improvements on or before an agreed date. Such performance bond or surety company bond shall be approved as to form, amount and execution by the Borough Attorney, the details of which shall be provided for in the developer's agreement between the developer and the Borough.
(1)
In the event that a developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee referred to herein as "temporary certificate
of occupancy guarantee" in compliance with the provisions of N.J.S.A.
40:55D-53(1)(c) et seq. The municipal official designated to administer
this provisions of this section is the Zoning Officer. At no time
may a municipality hold more than one guarantee or bond with respect
to the same item.
(2)
Should a successive developer request a permit update under the State
Uniform Construction Code for the purpose of updating the name and
address of the owner of property on a construction permit, as a condition
of such permit update, the new owner shall provide replacement performance
guarantees, safety and stability guarantees and/or maintenance guarantees
as applicable to the then current stage of development.
C.
Safety and stabilization guarantee. The developer shall furnish to
the Borough a safety and stabilization guarantee to be available to
the Borough for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition
in compliance with the provisions of N.J.S.A. 40:55D-53(1)(d) et seq.
(1)
At the developer's option the safety and stabilization guarantee
may be provided as a separate guarantee or as a line item in the performance
guarantee.
(2)
The amount of the safety and stabilization guarantee shall be as
follows: for bonded improvements in an amount not exceeding $100,000,
the guarantee shall be $5,000. The amount of the safety and stabilization
guarantee for a development with bonded improvements exceeding $100,000
shall be calculated as a percentage of all the bonded improvements,
or applicable phase or stage of development, as follows: $5,000 for
the first $100,000 of bonded improvements, plus 2.5% of bonded improvement
costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvements
costs in excess of $1,000,000.
(3)
The Borough shall release the safety and stabilization guarantee
upon the Municipal Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
D.
Failure of developer. Should the developer fail to complete all or
any of the required improvements in accordance with the performance
guarantee(s), the obligor and surety shall be liable thereon to the
Borough of Middlesex for the reasonable costs of the improvements
not installed, and upon receipt of the proceeds of the performance
guarantee the Borough of Middlesex shall install such improvements.
Such completion or correction of the public improvements shall be
subject to the public bidding requirements of the Local Public Contacts
Law, N.J.S.A. 40A:11-1 et seq. Should the developer fail to complete
the development after disturbance of the site or halt construction
for the periods defined in N.J.S.A. 40:55D-53, the Borough shall also
collect the safety and stabilization guarantee and shall use those
proceeds to take such actions as are reasonable to protect the safety
and security of the public from unsafe or unstable conditions in the
site.
E.
Notice of completed improvements. When all of the required improvements
have been completed, the obligor shall notify the governing body,
in writing, by certified mail and addressed in care of the Municipal
Clerk, of the completion of said improvements and shall send a copy
thereof to the Municipal Engineer. Thereupon, the Municipal Engineer
shall inspect all of the improvements and shall file a detailed report,
in writing, within 45 days, with the governing body with a copy to
the obligor, indicating either approval, partial approval or rejection
of the improvements, with a statement of reasons for any rejection.
If partial approval is indicated, the cost of the improvements rejected
shall be set forth.
F.
The governing body shall, by resolution, either approve, partially
approve or reject the improvements on the basis of the report of the
Municipal Engineer within 45 days of receipt of such report and shall
notify the obligor, in writing, by certified mail, of the action of
the approving authority with relation thereto. Where partial improvement
is granted, the obligor shall be released from all liability pursuant
to its performance guarantee, except for that portion adequately sufficient
to secure provision of the improvements not yet approved. Failure
of the governing body to adopt a resolution within said 65 days of
receipt of the report from the Municipal Engineer 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
guarantee.
G.
If any portion of the required improvements are rejected, the Borough
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. The obligor shall continue to provide to the Borough
performance guarantees of not less than 30% of the cost of installation
of all improvements, as set forth in N.J.S.A. 40:55D-53, until all
improvements are completed. The amount of the safety and security
guarantee, if any, shall also be adjusted as provided for in N.J.S.A.
40:55D-53 to provide continuing assurances of public safety during
such period.
H.
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 Municipal Engineer.
I.
Construction in phases. Upon completion and approval of a section
of improvements, but prior to the acceptance of same by the Borough,
or the release of any performance guarantee or safety and stabilization
guarantee with respect to that phase or portion of the development,
the developer shall be required to file a maintenance bond sufficient
in amount to guarantee that the completed improvements will be maintained
by the developer until completion of improvements in the remaining
portions or sections of the subdivision and for a stated period thereafter
not to exceed two years from the date of completion of all improvements.
The Municipal Engineer shall determine the amount of the maintenance
bond, and it shall be approved by the Borough Attorney as to form,
sufficiency and execution and shall be approved by the Mayor.
J.
Maintenance guarantee. As a condition precedent to the issuance of
a zoning permit, the Borough shall require the furnishing of a maintenance
guarantee to be posted with the governing body as provided for herein.
Upon final acceptance of the improvements by the governing body consistent
with the procedures as outlined in this section, and before the release
of the performance guarantee, the developer shall post a maintenance
guarantee with the Borough in the amount of 15% of the costs of the
installation of the public improvements which are being released.
The developer shall also post a maintenance guarantee in an amount
not to exceed 15% of the costs of the installation of the following
private site improvements: stormwater management basins, inflow and
water quality structures within the basins, and the outflow pipes
and structures of the stormwater system, if any. Said maintenance
guarantee(s) are to run for a period of two years after final acceptance
of the improvements, if such are dedicated to the public, or the date
of approval by the Municipal Engineer, if private improvements. In
the event that other governmental agencies or public utilities automatically
will own the utilities to be installed or the improvements are covered
by a maintenance guarantee to another governmental agency, no maintenance
guarantee shall be required by the municipality for such utilities
or improvements. Cash cannot be required as any part of such maintenance
guarantee by the Borough, though the developer, at its option, may
so provide all or a portion in cash.
K.
Inspection fees. The obligor shall reimburse the Borough for reasonable
inspection fees paid to the Municipal Engineer for the foregoing inspections
of improvements, provided that the Borough may require of the developer
a deposit for the inspection fees in the amount of, except for extraordinary
circumstances, the greater of $500 or 5% of the cost of bonded improvements
subject to a performance guarantee as determined pursuant to this
section and N.J.S.A. 40:55D-53(3)(h) et seq., and further, the developer
shall deposit escrow fees not exceeding 5% of the costs of the private
site improvements that are not subject to the performance guarantee
for the cost of their inspection.
(1)
If the Borough determines that the amount in escrow for the payment
of inspection fees, as calculated pursuant to N.J.S.A. 40:55D-53,
is insufficient to cover the costs of additional required inspections,
the Borough may require the developer to deposit additional funds
in escrow, provided the Borough delivers to the developer a written
inspection escrow deposit request, signed by the Municipal Engineer,
which informs the developer of the need for the additional inspections,
details the items undertakings that require inspection, estimates
the time required for those inspections and estimates the cost for
performing those inspections.
(2)
At the option of the developer, the inspection fees may be paid in
installments as provided for in N.J.S.A. 40:55D-53.
L.
Surety. If a developer posts a bond as guarantee, there must be attached
to said bond an authority of the surety company empowering the person
or persons who executed said bond for the surety company to do so.
If the bonding company is not a licensed New Jersey entity, there
should also be attached to the bond proof of its authority to do business
in New Jersey and a copy of its financial condition. If the principal
on the bond is a partnership, corporation, limited-liability company
or other business entity, there must be attached to the bond a certified
copy of a resolution adopted by its Board of Directors, members or
partners, as appropriate, authorizing the execution and delivery of
said bond. Said bond must also bear the seal of the surety and the
principal, if a corporation.
The subdivision plat shall conform to design
standards that will encourage good development patterns within the
municipality. Where either or both an Official Map[1] and a Master Plan has or have been adopted, the subdivision
shall conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, 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 rights-of-way shall be
shown on the final plat in accordance with N.J.S.A. 40:55D-41 and
shall be such as to lend themselves to the harmonious development
of the municipality and to enhance the public welfare in accordance
with the following design standards:
A.
The arrangement of streets not shown on the Master
Plan shall be such as to provide for the appropriate extension of
existing streets. Whenever a cul-de-sac is permitted, the subdivider
shall dedicate a parcel of land 50 feet wide to be used as a future
street and running from the cul-de-sac to any adjoining land not fronting
on a street, as defined in this chapter, whether such adjoining land
is owned by the subdivider or not.
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.
E.
No subdivision showing reserve strips controlling
access to streets shall be approved.
F.
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan, or the
street width requirements of this chapter, shall dedicate additional
width along either one 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.
Street grades. Grades of through and main traffic
streets shall not exceed 10% except under special conditions which
may be approved by the Planning Board. No street shall have a minimum
grade of less than 1/2 of 1%.
H.
Street intersections shall be laid out as nearly at
right angles as possible and in no case shall be less than 60º.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 20 feet.
I.
A tangent at least 100 feet long shall be introduced
between reverse curves.
J.
When connecting street lines deflect each other, they
shall be connected by a curve extending one center line to the other.
Radii for minor streets shall be a minimum of 125 feet on the center
line. Radii for all other streets shall be designed in accordance
with American Association of State Highway Officials or other accepted
traffic engineering standards.
K.
All changes in grade shall be connected by vertical
curves of sufficient radii to provide a smooth transition and proper
distance.
L.
Connecting streets shall be planned wherever possible.
Dead-end streets, where planned, shall not be longer than 600 feet,
except where unusual circumstances require granting additional footage
at the direction of the Planning Board, 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
provision made for future extension of the street and reversion of
the excess right-of-way to the adjoining properties.
M.
No street shall have a name which will duplicate or
so 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.
A.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 420, 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 shall be straight from street
to street.
C.
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
B.
Insofar 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.
D.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formation,
flood conditions or similar circumstances, the Planning Board shall
require the applicant to demonstrate utility of lots for use in accordance
with engineering regulations.
A.
In large-scale development, easements along rear property
lines or elsewhere for utility installation may be required. Such
easements shall be at least 15 feet wide and located in consultation
with the companies or municipal departments concerned.
B.
Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse and such further width or construction,
or both, as will be adequate for the purpose.
C.
Natural features, such as trees, brooks, hilltops
and views, shall be preserved whenever possible in designing any subdivision
containing such features.
A.
If, before favorable referral and final approval 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 is required
to act, such person shall be subject to a fine of not less than $500
or imprisonment for not more than 30 days, or both. Each parcel, plot
or lot so disposed of shall be deemed a separate violation.
[Amended 6-29-1993 by Ord. No. 1285]
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, 1953,[1] the municipality may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside and invalidate any conveyance made pursuant
to such contract for sale if a certificate of compliance has not been
issued in accordance with N.J.S.A. 40:55D-56.
[1]
Editor's Note: The Official Map and Building
Permit Act was codified as N.J.S.A. 40:55-1.30 et seq., and was repealed
by L. 1975, c. 291, § 80, effective August 1, 1976. See
now N.J.S.A. 40:55D-32 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.
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 Borough of Middlesex.
Any action taken by the Planning Board and the governing body under
the terms of this chapter shall give 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, the literal
enforcement of one or more of these regulations is impractical or
will exact undue hardship, the Planning Board 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.
Pursuant to N.J.S.A. 40:55D-39e, all applicants
for subdivision, site plan or planned development approval must obtain
from the office of the Middlesex Borough Tax Collector a certification
providing that all taxes and assessments are paid as of the date the
Planning Board first considers any application and as of the date
the Planning Board is prepared to take final action on an application.
Throughout this chapter, reference is made to
the Middlesex Borough Planning Board. The Municipal Land Use Law[1] permits the Middlesex Zoning Board of Adjustment to review
subdivision and site plan applications, and all references herein
to the Middlesex Borough Planning Board shall therefore include the
Middlesex Zoning Board of Adjustment.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
