This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the City of Union City."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the City in order to promote
the public health, safety, convenience and general welfare of the
municipality. It shall be administered to insure the orderly growth
and development, the conservation, protection and proper use of land
and adequate provision for circulation, utilities, and services.
The approval provisions of this chapter shall be administered by the Planning Board of the City, except on those applications where Chapter 223, Land Development, requires consideration of the application by the Zoning Board of Adjustment after referral for a report and recommendations from the Planning Board.
As used in this chapter, the following terms shall have the
meanings indicated:
The land required for the installation and maintenance of
stormwater sewers or drainage ditches, grading or other means of stabilizing
watercourses and runoff to prevent flooding and minimize erosion and
sedimentation, or as required along a natural stream, body of water
or watercourse to preserve the channelization and direction of water
flow on and across the land to be developed, including any remainder
parcels to prevent on-site, off-site, on-tract and off-tract flooding
and water damage to the public in accordance with the provisions of
Title 58 of the New Jersey Statutes.[1]
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper County Recording Officer.
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision or record of survey
map or by metes and bounds, for purpose of sale, lease, or separate
use or Official Tax Assessment Map.
See "performance guarantee."
All subdivisions not classified as minor subdivisions.
A composite of the written or graphic proposals for the development
of the City as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
Any subdivision containing not more than 10 lots fronting on an existing minor street, not involving any new street or road or the extension of municipal facilities, or the extension of any off-tract improvements, not involving a planned development, and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 223, Land Development, or this chapter.
Where certification is required from the Municipal Engineer,
such certification may be made by any engineer duly licensed to practice
as such in the State of New Jersey. The services rendered to the subdivider
by the Municipal Engineer or an engineer of his/her choice shall be
at the cost and expense of the subdivider.
A map adopted in accordance with N.J.S.A. 40:55D-32 or any
Official Map adopted pursuant to an authorized act of the New Jersey
Legislature.
Located outside the proposed lot lines of the lot or lots
in question, pursuant to the application for development, but within
the property of which the development lots are a part, which is the
subject of the development application or a 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 or right-of-way.
Located on the present or proposed lot or lots for which
the development application is being made.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way,
specifically including the total land encompassed and defined herein
as "on-site" and "off-site."
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. The term shall also include any applicant
or developer as such terms are defined in N.J.S.A. 40:55D-3 and N.J.S.A.
40:55D-4, each of such terms being used interchangeably in this chapter.
Any security which may be accepted by the City in form and
manner of execution acceptable to the Corporation Counsel, including
performance bonds, cash deposits not exceeding 10% of the total performance
guarantee, escrow agreements and other similar collateral or surety
agreements to guarantee the installation of required improvements.
The amount of security established as the performance guarantee shall
be sufficient, allowing for inflationary cost increases, to enable
the City to complete the guaranteed improvements in the event of the
default of a developer. Maintenance guarantees include any security
in form and substance similar to a performance guarantee, exclusive
of cash deposits, to guarantee the maintenance of the installed improvements
for a period of not more than two years after approval and acceptance
by the City in accordance with this chapter.
The map of a subdivision.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the City Clerk for Planning Board consideration and tentative approval and meeting the requirements of Article III of this chapter.
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article III of this chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county, or City roadway
or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way on a plat
duly filed and recorded in the office of the County Recording Officer
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats and includes the land between the
street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines. For the purpose of this chapter, streets shall be
classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
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/herself
or for another. The term shall also include any applicant or developer
as such terms are defined in N.J.S.A. 40:55D-3 and N.J.S.A. 40:55D-4,
each of such terms being used interchangeably in this chapter.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development, except that
the following divisions shall not be considered subdivisions; provided,
however, that no new streets or roads are involved: divisions of property
by testamentary or intestate provisions; or divisions of property
upon court order; or conveyances by deed or other instrument to combine
existing contiguous lots into common ownership. "Subdivision" also
includes resubdivision and, where appropriate to the context, relates
to the process of subdividing or to the lands or territory divided.
A Committee of at least three Planning Board members appointed
by the Chairperson of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and such other duties
relating to land subdivision which may be conferred on this Committee
by the Board.
The official action taken on a preliminary plat by the Planning
Board, meeting in regular session, which determines whether or not
the map submitted is in proper form and meets the established standards
adopted for design layout and development of the subdivision. Such
tentative approval confers certain irrevocable rights upon a subdivider
for a period of three years, on condition that the general terms and
conditions specifically agreed upon will be fully met and, further,
that the final plat be submitted for final approval within the three-year
time period.
[1]
Editor's Note: See N.J.S.A. 58:1A-1 et seq.
