[Ord. #1424, § 11]
This chapter shall be known and may be cited as: The Land Subdivision
Ordinance of the Township of Lyndhurst.
[Ord. #1424, § 11]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the township in order to
promote the public health, safety, convenience and general welfare
of the township. It shall be administered to insure the orderly growth
and development, the conservation, protection and proper use of the
land and adequate provision for circulation, utilities and services.
[Ord. #1424, § 11]
The approval provisions of the chapter shall be administered
by the board of commissioners after favorable referral by the township
planning board in accordance with Section 15 of Chapter 433 of the
Laws of 1953.
[Ord. #1424, § 11]
As used in this chapter:
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the Revised Statutes.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision
which is presented to the planning board for final approval in accordance
with these regulations, and which, if approved, shall be filed with
the proper county recording officer.
LOT
Shall mean a parcel or portion of land separated from other
parcels or portions by description as on a subdivision or record of
survey may or by metes and bounds for purpose of sale, lease, or separate
use.
MASTER PLAN
Shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been duly adopted by the planning board.
MINOR SUBDIVISION
Shall mean any subdivision containing not more than three
lots fronting on an existing minor street, not involving any new street
or road or the extension of municipal facilities 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, zoning ordinance or this chapter.
OFFICIAL MAP
Shall mean a map adopted in accordance with the Official
Map and Building Permit Act, Chapter 434 of the laws of 1953, or any
prior act authorizing such adoption. Such a map shall be deemed to
be conclusive with respect to the location and width of the streets,
public parks and playgrounds, and drainage right-of-way shown thereon.
OWNER
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the planning
board or other approving body approves a plat, including performance
bonds, escrow agreements, and other similar collateral or surety agreements.
PLAT
Shall mean the map of a subdivision.
PRELIMINARY PLAT
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the township clerk for planning board consideration and tentative approval and meeting the requirements of Section
20-6.
SKETCH PLAT
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section
20-6.
STREET
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing state, county, or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action or a street
or way on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a planning board and
the grant to such board of the power to review plats, and includes
the land between the street lines whether improved or unimproved,
and may comprise pavements, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter streets shall be classified as follows:
1.
Arterial streets are those which are used primarily for fast
or heavy traffic.
2.
Collector streets are those which carry traffic from minor streets
to the major system of arterial streets including the principal entrance
streets of a residential development and streets for circulation within
such a development.
3.
Minor streets are those which are used primarily for access
to the abutting properties.
4.
Marginal access streets are streets which are parallel to and
adjacent to arterial streets and highways; and which provide access
to abutting properties and protection from through traffic.
5.
Alleys are minor ways which are used primarily for vehicular
service access to the back of the side of properties otherwise abutting
on a street.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal unity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
SUBDIVISION
Shall mean 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, or 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 land for agricultural purposes where the resulting parcels are
three acres or larger in size, divisions of property by testamentary
or intestate provisions, or upon Court order. Subdivision also includes
resubdivision, and where appropriate to the context, relates to the
process of subdividing or division of property to the lands or territory
divided.
SUBDIVISION COMMITTEE
Shall mean a committee of at least three planning board members
appointed by the chairman of the board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
such other duties relating to land subdivision which may be conferred
on this committee by the board.
[Ord. #1424, § 11]
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Section
20-7 or the planning board shall require the posting of adequate performance guarantees to assure the installation of the required improvements.
[Ord. #1424, § 11; Ord. #1484, § 2]
The sketch plat shall be based on tax map information or some
other similarly accurate base at a scale of 200 feet to the inch 200
feet = one inch to enable the entire tract to be shown on one sheet
and shall show or include the following information:
a. The location of that portion which is to be subdivided in relation
to the entire tract.
b. All existing structures within 200 feet thereof.
c. The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records.
d. The tax map sheet, block and lot numbers.
e. All streets or roads and streams within 500 feet of the subdivision.
[Ord. #1424, § 11]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one-inch equals 200 feet. Preliminary plats shall be designed and drawn by a civil engineer or land surveyor licensed to practice as such by the State of New Jersey. The plat shall be designed in compliance with the provisions of Section
20-6 and shall show or be accompanied by the following information:
a. A key map at 1/4 scale of the plat showing the subdivision and its
relation to surrounding areas for an entire depth of 400 feet from
the boundary of the subdivision.
b. The tract name, tax map sheet, block and lot number, date, reference
meridian, graphic scale and the following names and addresses:
1. Name and address of record owner or owners.
2. Name and address of the subdivider.
3. Name and address of person who prepared map.
c. Acreage of tract to be subdivided calculated to nearest tenth of
an acre.
d. Sufficient elevations or contours to determine the general slope
and natural drainage of the land and the high and low points and tentative
cross-sections and center line profiles for all proposed new streets.
e. The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes, and any natural
features such as wooded areas and rock formations.
f. Plans of proposed utility layouts (sewers, storm drains, water, gas,
and electricity) showing feasible connections to existing or any proposed
utility systems. When an individual water supply and/or sewage disposal
system is proposed, the plan for such system must be approved by the
appropriate local, county or state health agency. When a public sewage
disposal system is not available, the developer shall have percolation
tests made and submit the results with the preliminary plat. Any subdivision
or part thereof which does not meet with the established requirements
of this chapter or other applicable regulations shall not be approved.
Any remedy proposed to overcome such a situation shall first be approved
by the appropriate local, county or state agency.
g. A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
[Ord. #1424, § 11]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 40 feet and in compliance with all
the provisions of Chapter 358 of the Laws of 1953. The final plat
shall show or be accompanied by the following:
a. Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
b. Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines; with accurate dimensions,
bearings or deflection angles, and radii, arcs, and central angles
of all curves.
c. The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
d. Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with number one.
e. Minimum building set-back-line on all lots and other sites in conformity
with zoning regulations.
f. Location and description of all monuments.
g. Names of owners of adjoining unsubdivided land.
h. Certification by a New Jersey licensed engineer or surveyor as to
the accuracy of 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. When approval of a plat is required by any officer or body of such
a municipality, county or state, approval shall be certified on the
plat.
k. Cross sections and profiles of streets, approved by the municipal
engineer shall be required to accompany the final plat.
l. Contours at five-foot intervals for slopes averaging 10% or greater
and at two-foot intervals for land of lesser slope.
m. Plans and profiles of storm and sanitary sewers and water mains.
n. Certificate from tax collector that all taxes are paid to date.
o. Formal releases, in the form required by law for filing with the
county clerk, duly executed by holders of any encumbrances or liens
of any lands to be reserved or dedicated to public use.
[Ord. #1424, § 11; Ord. #2557, § 2]
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees for
the ultimate installation of the following:
a. Streets. Arterial streets shall be eight inches deep and shall be
constructed as follows:
1. Base course shall consist of four inches of compacted 2 1/2
inch crushed trap rock which shall be bound with dust.
2. Intermediate course shall be two inches of compacted 1 1/2 inch
crushed trap rock and shall be penetrated with one and seven-tenths
gallons per square yard of OA-4 Asphalt Road Oil. Voids shall be filled
with a light cover of five-eighths inch crushed trap rock.
3. Surface course shall be two inches of compacted bituminous concrete,
hot mixed. Bituminous concrete shall be of type SM-1 as set forth
in the New Jersey State Highway Standard Specifications dated 1941
or equal. Streets other than arterial streets shall be seven inches
deep and of a type known as bituminous penetration macadam. Pavement
shall consist of a four-inch base course of compacted 2 1/2 inch
crushed trap rock bound with dust and a three inch surface course
of compacted 1 1/2 inch crushed trap rock penetrated with between
2 1/2 to three gallons of road oil per square yard. Road oil
to be applied in three applications with voids to be filled with five-eighths
inch, three-eighths inch, and one-quarter inch crushed trap rock successively.
b. Street Signs. To conform with the type, style and quality of those
in use.
c. Curbs. Curbs shall be constructed of concrete having a composition
of one part best quality Portland cement, two parts of clean sharp
sand, and three parts of machine broken trap rock. Curbs shall be
six inches wide at top, nine inches wide at bottom, and 20 inches
deep.
d. Sidewalks. The standards, regulations, and requirements for the installation, construction, reconstruction, and replacement of sidewalks are set forth in subsection
14-1.9 of the township ordinance.
e. Street Lighting. To conform with good practice and the rules of the
utility company making the installation.
f. Shade Trees. To be located and of size and shall be of species approved
by the director of public works or the shade tree commission.
g. Top Soil Protection. No top soil shall be removed from the site or
used as spoil. Top soil moved during the course of construction shall
be redistributed so as to provide at least six inches of cover to
all areas of the subdivision and shall be stabilized by seeding or
planting.
h. Monuments. To be the size and shape required by Section 4 of Chapter
358 of the Laws of 1953, and shall be placed in accordance with the
statute.
i. Water Mains, Culverts, Storm Sewers and Sanitary Sewers. All such
installments shall be properly connected with an approved system and
shall be adequate to handle all present and probable future development.
All of the above listed improvements shall be subject to inspection
and approval by the township engineer who shall be notified by the
developer at least 24 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
[Ord. #1424, § 11; Ord. #1484, § 3]
No final plat shall be approved by the planning board until
the completion of all such required improvements has been certified
to the planning board by the township engineer, unless the subdivision
owner shall have filed with the township a performance guarantee sufficient
in amount to cover the cost of all such improvements or uncompleted
portions thereof as estimated by the township engineer, and assuring
the installation of such uncompleted improvements on or before an
agreed date. Such performance guarantee may be in the form of a performance
bond which shall be issued by a bonding or surety company approved
by the board of commissioners; a certified check, returnable to the
subdivider after full compliance; or any other type of surety approved
by the township attorney.
The performance guarantee shall be approved by the township
attorney as to form, sufficiency and execution. Such performance guarantee
shall run for a period to be fixed by the planning board but, in no
case, for a term of more than three years. However with the consent
of the owner and the surety company, if there be one, the board of
commissioners may, by resolution, extend the term of such performance
guarantee for an additional period not to exceed three years.
The amount of the performance guarantee may be reduced by the
board of commissioners by resolution when portions of the required
improvements have been installed.
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety company shall
be liable thereon to the township for the reasonable cost of the improvement
not installed and upon receipt of the proceeds thereof the township
shall install such improvements.
No final plat shall be approved until the applicant shall have
deposited with the township a cash performance bond in an amount of
100% of the cost of the construction of the improvements as estimated
by the township engineer, together with a fee of 7% of the estimated
cost of construction as estimated by the township engineer, to cover
the expenses incurred by the township for legal services and engineering
services in connection with the inspection and certification of improvements
within the development.
[Ord. #1424, § 11; Ord. #2567, § 2]
a. Lot dimensions and area shall not be less than the requirements of
the zoning ordinance.
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 at least 60 feet in width
except lots fronting on streets described in this subsection, paragraphs
b and d.
d. Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
e. Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions or similar circumstances the planning board may, after
adequate investigation, withhold approval of such lots.
f. No subdivision shall be permitted for a lot upon which a two family
dwelling is located that would result in dimensions of less than 55
feet in width and frontage, 100 feet in depth, and 5,500 square feet
in area. No subdivision shall be permitted for a lot upon which a
one family dwelling is located that would result in dimensions of
less than 50 feet of frontage and width, 100 feet in depth, and 5,000
square feet in area.
[Ord. #1424, § 11]
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 township. Any action taken by the
board of commissioners and the planning board 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 impracticable or will exact undue hardship, the
planning board may permit such variance or variances as may be reasonable
within the general purpose and intent of the rules, regulations and
standards established by this chapter.
[Ord. #1424, § 11; New]
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 board of commissioners is required to act, such person shall be subject to the penalty as stated in Chapter
3, §
3-1, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on the land in the subdivision would
meet requirements for a building permit under Section 3 of the Official
Map and Building Permit Act (Chapter 424 of the Laws of 1953) the
municipality may institute and maintain a civil action:
b. To set aside and invalidate any conveyance made pursuant to such
a contract or sale if a certificate of compliance has not been issued
in accordance with Section 24 of Chapter 433 of the Laws of 1953.
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 the land, or within six years if
unrecorded.