[Editor's Note: Chapter 20 was established in its entirety
by Ord. No. 1424. Additional amendments
are noted where applicable.]
[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:
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.
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.
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.
Shall mean all subdivisions not classified as minor subdivisions.
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.
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.
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.
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.
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.
Shall mean the map of a subdivision.
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.
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.
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:
Arterial streets are those which are used primarily for fast
or heavy traffic.
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.
Minor streets are those which are used primarily for access
to the abutting properties.
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.
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.
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.
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.
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]
a.
Any owner of land within the township shall prior to subdividing
or resubdividing land, as defined in this chapter, submit to the secretary
of the planning board (or other designated official) at least two
weeks prior to the regular meeting of the board a sketch plat of the
proposed subdivision for purposes of classification and preliminary
discussion.
b.
If classified and approved as a minor subdivision by the subdivision
committee a notation to that effect will be made on the sketch plat.
The plat will then be forwarded to the mayor and the township clerk
for their signatures and returned to the subdivider within one week
following the next regular meeting of the governing body. No further
board of commissioners' approval shall be required.
c.
Before the township clerk returns any approved sketch plat to the
subdivider, the clerk shall have sufficient copies made to furnish
one copy to each of the following:
1.
Township clerk.
2.
Township engineer.
3.
Construction official or zoning officer.
4.
Tax assessor.
5.
Secretary of the planning board.
6.
County planning board.
The cost of the copies will be charged to the subdivider and
shall be collected before the return of the original sketch plat to
the subdivider.
d.
Either a deed description or plat map drawn in compliance with Chapter
358 of the Laws of 1953 shall be filed by the subdivider with the
county recording officer within 90 days from the date of return of
the approved sketch plat.
f.
Any subdivision which provides for only one new lot, site, or division
of land or which provides for the transfer of a part of one lot, tract
or parcel of land to become a part of an adjacent lot, tract or parcel
of land, shall be exempt from the requirements of this chapter. In
all cases involving such an exempted subdivision, the mayor and township
clerk shall certify the exemption on the plat, deed or instruments
to be filed with the county recording officer.
[Ord. #1424, § 11]
a.
At least eight black on white prints of the preliminary plat together
with four completed application forms for preliminary approval shall
be submitted to the township clerk two weeks prior to the planning
board meeting at which consideration is desired.
b.
The applicant for a subdivision shall notify by mail at least five
days prior to the hearing all property owners within 200 feet of the
extreme limits of the subdivision as their names appear on the municipal
tax record. The notice shall state time and place of hearing, a brief
description of the subdivision and that a copy of the subdivision
has been filed with the township clerk for public inspection. The
applicant shall also cause notice of the hearing to be published in
the official newspaper or a newspaper of general circulation in the
township at least 10 days prior to the hearing. Proofs of such mailing
and publishing shall be filed with the secretary of the planning board
not later than the day of such hearing.
c.
Copies of the preliminary plat shall be forwarded by the secretary
of the planning board prior to the hearing to the following persons:
d.
The planning board shall act on the preliminary plat within 90 days
after submission to the township clerk, but in no case before the
expiration of the twenty-day period within which the county planning
board may submit a report on the subdivision. In all cases the recommendations
of the county board shall be given careful consideration in the final
decision of the local planning board. If the county planning board
has approval authority pursuant to N.J.S.A. 40:27-12, its action shall
be noted on the plat, and if disapproved, two copies of the reasons
for disapproval shall be returned with the plat. If either the planning
board or county planning board disapprove a plat, the reasons for
disapproval shall be remedied prior to further consideration. The
person submitting a plat shall be notified of the action of the planning
board within 90 days of its submission. If approval is required by
any other officer or public body, the same procedure as applies to
submission and approval by the county planning board shall apply.
e.
If the planning board acts favorably on a preliminary plat, a notation
to that effect shall be made on the plat and it shall be referred
to the board of commissioners for action. The board of commissioners
shall act within 30 days. Its action shall be noted on the plat, signed
by the mayor and be returned to the subdivider for compliance with
final approval requirements.
f.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of approval:
[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]
a.
The final plat shall be submitted to the township clerk for forwarding
to the planning board for final approval within three years from the
date of preliminary approval. The township clerk shall immediately
notify the secretary of the planning board upon receipt of a final
plat and the planning board shall act upon the final plat within 45
days after the date of submission for final approval to the township
clerk.
b.
The original tracing, one translucent tracing cloth copy, two cloth
prints, six black on white prints and four copies of the application
form for final approval shall be submitted to the secretary of the
planning board at least five days prior to the date of a regular planning
board meeting. Unless the preliminary plat is approved without changes,
the final plat shall have incorporated all changes or modifications
required by the planning board.
c.
The final plat shall be accompanied by a statement by the township
engineer that he is in receipt of a map showing all utilities in exact
location and elevation identifying those portions already installed
and those to be installed and that the subdivider has complied with
one or both of the following:
d.
Any plat which requires county planning board approval pursuant to
N.J.S.A. 40:27-12 shall be forwarded to the county planning board
for its action prior to final approval by the board of commissioners.
e.
If the planning board favorably refers a final plat to the board
of commissioners, the board of commissioners shall take action not
later than the second regular meeting following the referral, noting
its action on the plat, and the mayor affixing his signature thereto
if the action is favorable.
f.
Failure of the planning board and board of commissioners to act within
the allotted time or a mutually agreed upon extension shall be deemed
to be favorable approval and the township clerk shall issue a certificate
to that effect.
g.
If any person shall be aggrieved by the action of the planning board,
appeal in writing to the board of commissioners may be taken within
10 days after the date of the action of the planning board. A hearing
thereon shall be had on notice to all parties in interest, who shall
be afforded an opportunity to be heard. After such hearing the board
of commissioners may affirm or reverse the action of the planning
board by a recorded vote of a majority of the total members thereof.
The findings and reasons for the disposition of the appeal shall be
stated on the records of the board of commissioners and the applying
party shall be given a copy.
i.
The final plat, after final approval, shall be filed by the subdivider
with the county recording officer within 90 days from the date of
such approval. If any final plat is not filed within this period the
approval shall expire.
j.
No plat shall be accepted for filing by the county recording officer
unless it has been duly approved by the board of commissioners of
the township and signed by the mayor.
[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.
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]
a.
General. The subdivision plat shall conform to design standards that
will encourage good development patterns within the township. Where
either or both an official map or 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
Section 20 of Chapter 433 of Laws of 1953 and shall be such as to
lend themselves to the harmonious development of the township and
enhance the public welfare in accordance with the following standards.
[Ord. #1424, § 11]
a.
The arrangement of streets now shown on the master plan or official
map shall be such as to provide for the appropriate extension of existing
streets.
b.
Minor streets shall be so designed as to discourage through traffic.
c.
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means of separation of through and local traffic as the planning
board may determine appropriate.
d.
The right-of-way width shall be measured from lot line to lot line
and shall not be less than the following:
1.
Arterial streets 80 feet.
2.
Collector streets 60 feet.
3.
Minor streets 50 feet.
4.
Marginal access streets 40 feet.
5.
The right-of-way width for internal roads and alleys in multi-family,
commercial and industrial developments shall be determined on an individual
basis, and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and maximum access for fire fighting equipment.
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 official map or the
street width requirement of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, one-half of the required extra width shall
be dedicated.
g.
Grades of arterial and collector streets shall not exceed 4%. Grades
on other streets shall not exceed 10%. No streets shall have a minimum
grade of less than 1/2 of 1%.
h.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curb line with a curve having a radius of
not less than 20 feet.
i.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
j.
A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
k.
When connecting street lines deflect from each other at any one point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet for minor streets
and 300 feet for arterial and collector streets.
l.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
m.
Dead-end streets (culs-de-sac) shall not be longer than 600 feet
and shall provide a turn around at the end with a radius of not less
than 50 feet and tangent whenever possible to the right side of the
street.
If a dead-end street is of a temporary nature, a similar turn
around shall be provided and provisions made for future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
n.
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.
[Ord. #1424, § 11]
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 the
zoning ordinance and to provide for convenient access, circulation
control and safety of street traffic.
b.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the planning board. Such walkway
shall be 10 feet wide and be straight from street to street.
c.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
[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]
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, drainage way,
channel or street, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially with the lines of such
watercourse, and such further width 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.
[Ord. #2245, §§ 1 - 7]
a.
MULTIFAMILY HOUSING DEVELOPMENT
RECYCLING AREA
Definitions as used in this paragraph:
Shall mean a building containing three or more dwelling units
occupied or intended to be occupied by persons living independently
of each other, or a group of such buildings;
Shall mean space allocated for collection and storage of
source separated recyclable materials.
b.
Required. There shall be included in any new multifamily housing
development that requires subdivision or site plan approval an indoor
or outdoor recycling area for the collection and storage of residentially
generated recyclable materials. The dimensions of the recycling area
shall be sufficient to accommodate recycling bins or containers which
are of adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the district
recycling coordinator, and shall be consistent with the district recycling
plan adopted pursuant to section 3 of P.L. 1987, c. 192 (N.J.S.A.
13:1E-99.13) and any applicable requirements of the municipal master
plan, adopted pursuant to section 26 of P.L. 1987, c. 102.
c.
Location. The recycling area shall be conveniently located for all
residential disposition of source separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
d.
Accessibility. The recycling area shall be well lit, and shall be
safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
e.
Bins and Containers. The recycling area or the bins or containers
placed therein shall be designed so as to provide protection against
adverse environmental conditions which might render the collected
materials unmarketable. Any bins or containers which are used for
the collection of recyclable papers or cardboard, and which are located
in an outdoor recycling area, shall be equipped with a lid, or otherwise
covered, so as to keep the paper or cardboard dry.
f.
Signs. Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
g.
Landscaping and/or Fencing. Landscaping and/or fencing shall be provided
around any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
[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:
a.
For injunctive relief.
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.
