[1969 Code § 74-1]
This chapter shall be known and may be cited as "The Land Subdivision
Regulations of the Borough of Elmwood Park, New Jersey."
[1969 Code § 74-2]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Borough of Elmwood
Park 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 the circulation, utilities
and services.
[1969 Code § 74-3]
The approval provisions of this chapter shall be administered
by the Governing Body after favorable referral by the Planning Board
of the Borough of Elmwood Park, in accordance with Section 14 of Chapter
433 of the Laws of 1953.
[1969 Code § 74-4; Ord. No. 01-7 § 1; Ord. No. 10-06 § 1]
As used in this chapter:
Shall mean 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 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 descriptions as on a subdivision or record-of-survey
map, 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 improved and accepted street, not involving
any new street or road or the extension of municipal facilities, not
adversely affecting the development of the remainder of the parcel
or adjoining land and not in conflict with any provision or portion
of the Master Plan, Official Map, Zoning Ordinance (with the exception
of existing nonconformities or existing yard variances) or this chapter.
Any subdivision containing land which was included within a "minor
subdivision" within five years shall not be eligible for classification
as a "minor subdivision." Any redivision of property which does not
create any additional building lots nor require an extension of municipal
services shall be classified as a minor subdivision and shall not
be subject to the five year limitation restriction contained in the
preceding sentence.
Shall mean improvements to accommodate conditions generated
by a proposed development, including but not limited to new improvements
and extensions and modifications of existing improvements. "Off-site"
means 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.
"Off-tract" means 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.
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 subdivisions, which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Section 32-6.
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 32-6.
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 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:
Alleys Shall mean minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
Arterial streets shall mean those which are used primarily for
fast or heavy traffic.
Collector streets shall mean 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.
Marginal access streets shall mean streets which are parallel
to and adjacent to arterial streets and highways, and which provide
access to abutting properties and protection from through traffic.
Minor streets shall mean those which are used primarily for
access to the abutting properties.
Shall mean 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.
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, 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 land for agricultural purposes where the resulting parcels are
three acres or larger in size, divisions of property by testamentary
or interstate provisions, or divisions of property upon Court order.
Subdivision also includes resubdivision, and where appropriate to
the context, relates to the process of subdividing or 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.
[1969 Code § 74-5]
a.
Any owner of land within the Borough of Elmwood Park shall, prior
to subdividing or resubdividing land as defined in this chapter, submit
to the Secretary of the Planning Board at least two weeks prior to
the regular meeting of the Board, an original and seven copies of
the sketch plat of the proposed subdivision, for purposes of classification
and preliminary discussion and distribution as hereinafter provided
for.
b.
If classified and approved as a minor subdivision by unanimous action
of the Subdivision Committee, a notation to that effect will be made
on the sketch plat. Where County Planning Board approval is required,
one copy of the sketch plat will be forwarded to that Board for its
consideration. One copy of the plat will then be forwarded to the
Mayor and the Municipal Clerk for their signatures, and returned to
the subdivider within one week following the next regular meeting
of the Governing Body. No further Governing Body approval shall be
required. The remaining copies of the sketch plat shall be turned
over to the Municipal Clerk.
c.
Before the Municipal 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:
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.
[1969 Code § 74-6]
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 Municipal Clerk three weeks prior to the Planning
Board meeting at which consideration is desired. At the time of filing,
a fee of $30 shall be paid to the Municipal Clerk to cover the costs
of publishing notice and of inspection of the premises by the Municipal
Engineer pending hearing on said subdivision. The Municipal Clerk
shall immediately notify the Secretary of the Planning Board upon
receipt of a preliminary plat and simultaneously turn over to said
Secretary seven copies of the preliminary plat and three copies of
the application.
b.
The applicant 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,
and present proof by affidavit of such notification at the time of
the hearing. Said notice shall state the time and place of hearing,
a brief description of the subdivision and that a copy of said subdivision
has been filed with the Municipal Clerk for public inspection. The
Secretary of the Planning Board shall also cause a notice of the hearing
to be published in the official newspaper or a newspaper of general
circulation in the municipality, at least 10 days prior to the 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 Municipal Clerk, but in no case before the
expiration of the twenty-day period within which the County Planning
Board may submit a report on said subdivision. In all cases, the recommendations
of the County 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 disapproves a plat, the reason 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 Governing Body for action. The Governing Body 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:
[1969 Code § 74-7]
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Section 32-7, or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements. No certificate of occupancy shall be issued until the improvements required by this chapter and other Borough ordinances concerning new construction have been installed.
[1969 Code § 74-8]
a.
The final plat, the original tracing, one translucent tracing cloth
copy, two cloth prints, 10 black-and-white prints and four copies
of completed application forms shall be submitted to the Municipal
Clerk for forwarding to the Planning Board for final approval within
three years from the date of preliminary approval. The Municipal 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 Municipal Clerk.
b.
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 Municipal
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 Governing Body.
e.
If the Planning Board favorably refers a final plat to the Governing
Body, the Governing Body 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 said action is favorable.
f.
Failure of the Planning Board and Governing Body to act within the
allotted time or a mutually agreed upon extension shall be deemed
to be a favorable approval, and the Municipal 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 Governing Body 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 Governing Body
may affirm or reverse the action of the Planning Board by a record
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 Governing Body, and the applying party shall be given a copy.
i.
The final plat, after final approval by the Governing Body, 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 approved by the Governing Body of the Borough of Elmwood Park
and signed by the Mayor.
[1969 Code § 74-9]
There are hereby established, pursuant to the provisions of
N.J.S.A. 40:55-1.14, filing fees to be paid in connection with applications
for subdivision approval. Accompanying all applications and allied
papers for subdivision approval shall be the following filing fees,
which shall be paid by the applicant to the Secretary of the Planning
Board, and which filing fees shall become the property of the municipality:
a.
For a minor subdivision, the filing fee of $20 shall be paid.
b.
For a major subdivision, a filing fee of $50 shall be paid, and in
addition, a filing fee for engineering approval for a major subdivision,
of $15 for each lot up to and including 10 lots, and $10 for each
lot in excess of 10 lots involved in the major subdivision, shall
be paid.
[1969 Code § 74-10]
The sketch plat shall be based on tax map information or some
other similarly accurate base, at a scale not less than 400 feet to
the 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 and wooded areas within the portion to be
subdivided and 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 streets within 500 feet of the subdivision.
[1969 Code § 74-11]
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 or by a planner holding full or associate membership in the American Institute of Planners. The plat shall be designed in compliance with the provisions of Section 32-7 and shall show or be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to surrounding
areas.
c.
Acreage of tract to be subdivided to nearest 1/10 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 centerline 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
health agency.
g.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
[1969 Code § 74-12]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 50 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 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 setback line on all lots and other sites.
f.
Location and description of all monuments.
g.
Names of owners of adjoining unsubdivided land.
h.
Certification by engineer or surveyor as to accuracy of details of
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, may 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.
[1969 Code § 74-13]
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. All the streets shall consist of three inch macadam base
course; three inch modified penetration macadam, intermediate course;
and one and 1 1/2 inch Type SM bituminous concrete, surface course,
and shall be subject to inspection and approval by the Municipal Engineer.
b.
Street Signs. Street name signs shall be placed at all street intersections
within or abutting the subdivision. Such signs shall be of a type
approved by the Borough of Elmwood Park and shall be placed in accordance
with the standards of the Borough of Elmwood Park.
c.
Curbs. All curbs shall be constructed with dimensions of six feet
by eight feet by 20 feet, with Class C concrete, and subject to inspection
and approval by the Municipal Engineer.
d.
Sidewalks. All sidewalks shall be constructed with four inch thickness,
four feet wide and made of Class C concrete, and subject to inspection
and approval by the Municipal Engineer.
e.
Depressed Curbs. Depressed curbs shall be a minimum of 12 feet in
width and a maximum of 30 feet in width and constructed of Class C
concrete, and subject to inspection and approval by the Municipal
Engineer.
f.
Shade Trees. Shade trees shall be at least two inches in diameter,
placed 35 feet apart and located on the street line so as not to interfere
with utilities or sidewalks, and shall be of one of the following
types: Norway maple, oriental plane.
g.
Topsoil Protection. No topsoil shall be removed from the site or
used as spoil. Topsoil 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 of the size and shape required by Section 4 of Chapter
358 of the Laws of 1953, and shall be placed in accordance with said
statute.
i.
Water Mains, Culverts, Storm Sewers, Sanitary Sewers and Hydrants.
All such installations shall be properly connected with an approved
system and shall be adequate to handle all present and probably future
development and shall be in accordance with the standards and specifications
of the Borough of Elmwood Park and subject to inspection and approval
by the Municipal Engineer. All of the above-listed improvements shall
be subject to inspection and approval by the Municipal 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. No. 01-7 § 74-13.1]
a.
Pursuant to the powers established in N.J.S.A. 40:55D-42, the following
standards are hereby promulgated with respect to determining the proportionate
or pro-rata share of an applicant for a required off-tract improvement.
Prior to the granting of final approval of a site plan or subdivision,
the applicant shall have installed or made cash payments, in the manner
provided for below with respect to the immediate or ultimate installation
of any required off-tract improvement.
1.
Allocation of Costs; Criteria in Determining Allocation. The allocation
or costs for off-tract improvements as between the applicant, other
property owners and the Borough, or any one or more of the foregoing,
shall be determined by the Planning Board with the assistance of the
appropriate Borough agencies on the basis of the total cost of the
off-tract improvements, the increase in market values of property
affected and any other benefits conferred, the needs created by the
application, population and land use projections for the general area
of the applicant's property and other areas to be served by the
off-tract improvements, the estimated time of construction of the
off-tract improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:22-2.
The following criteria may also be considered as well as any other
reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, street lights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application and
the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular land use
considering: (1) the percentage relationship between the acreage of
the application and the acreage of the total drainage basin; (2) the
use of a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and (3) the use, condition or status
of the remaining area of the drainage basin.
2.
Improvements to be Constructed at the Sole Expense of the Applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Board may require the applicant as a condition of approval,
at the applicant's expense, to provide for and construct such
improvements as if such were on-tract improvements in the manner provided
hereafter and as otherwise provided by law.
3.
Payment of Allocated Costs. In the event that the improvement required
shall be constructed as a general or a local improvement, the estimated
cost of the off-tract improvement allocated to the applicant shall
be deposited with the municipality in the form of cash. Said deposit
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 for which they are deposited or
shall be refunded to the applicant as hereinafter set forth.
4.
Deposit of Funds. All funds paid by an applicant pursuant to this
subsection shall be used only for the improvements for which they
are deposited or improvements serving the same purpose.
5.
Redetermination of Assessment upon Completion of Improvements. Upon
completion of off-tract improvements required pursuant to this subsection,
the applicant's liability hereunder shall be recalculated in
accordance with the actual as compared with the estimated cost of
the improvements. To the extent that such recalculation shall increase
or decrease the amount of any cash deposit made by the applicant hereunder,
the applicant shall forthwith either pay the amount of such increase
to the municipality, or the municipality shall forthwith refund the
amount of such decrease to the applicant.
b.
Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve to the developer from his legal obligation
to conform to the required improvements as provided for in this subsection.
c.
Certification. Prior to the final acceptance of any of the required
improvements by the Borough, the applicant, owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liabilities or liens against such improvements and installations are
outstanding.
[1969 Code § 74-14]
a.
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 Municipal Engineer, unless the subdivision owner shall
have filed with the municipality a performance guaranty sufficient
in amount to cover the cost of all such improvements or uncompleted
portions thereof, as estimated by the Municipal Engineer, and assuring
the installation of such uncompleted improvements on or before an
agreed date. Such performance guaranty may be in the form of a performance
bond, which shall be issued by a bonding or surety company approved
by the Governing Body; a certified check, returnable to the subdivider
after full compliance; or any other type of surety approved by the
Municipal Attorney.
b.
The performance guaranty shall be approved by the Municipal Attorney
as to form, sufficiency and execution. Such performance guaranty 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 surety, if there be one, the Governing Body may by resolution
extend the term of such performance guaranty for an additional period
not to exceed three years. The amount of the performance guaranty
may be reduced by the Governing Body, by resolution, when portions
of the required improvements have been installed. Upon the improvement
being completed, installed and accepted by the municipality, the performance
bond shall be released upon the posting of a maintenance bond in the
amount of 25% of the performance bond, said bond to run for three
years from the date of said posting.
c.
If the required improvements have not been installed in accordance
with the performance guaranty, the obligor and surety shall be liable
thereon to the municipality for the reasonable cost of the improvements
not installed, and upon receipt of the proceeds thereof, the municipality
shall install such improvements.
[1969 Code § 74-15]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
[1969 Code § 74-16]
The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
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 the Laws of 1953, and shall be such as
to lend themselves to the harmonious development of the municipality
and enhance the public welfare, in accordance with the following design
standards:
[1969 Code § 74-17]
a.
The arrangement of streets not 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.
Subdivision abutting arterial streets shall provide a marginal service
road of 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 multifamily,
commercial and industrial development 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 except where the control and disposal of land comprising
such strips has been placed in the Governing Body under conditions
approved by the Planning Board.
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 requirements of this chapter shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 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 street shall have a minimum
grade of less than 0.5%.
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 curbline with a curve having a radius of not
less than 15 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 (cul-de-sacs) shall not be longer than 600 feet,
and shall provide a turnaround 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 turnaround
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.
o.
Where a tract is subdivided into larger parcels than ordinary building
lots, such parcels shall be arranged so as to allow opening of future
streets and logical future subdivisions.
p.
Half streets shall be prohibited. Whenever a subdivision abuts a
street not owned on both sides by the subdivider, then said street
shall be improved by the subdivider to within five feet of the established
curbline of the side of the street not owned by the subdivider.
[1969 Code § 74-18]
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.
[1969 Code § 74-19]
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 50 feet in width,
except lots fronting on streets described in subsection 38-8.3 paragraphs
d4 and d5.
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.
[1969 Code § 74-20]
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 street, there shall be provided a storm water 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.
[1969 Code § 74-21; New]
a.
If, before final approval and favorable referral 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 are required to act, such
person shall be subject to a fine not to exceed $1,250 or to imprisonment
for not more than 30 days, and each parcel, plot or lot so disposed
of shall be deemed a separate violation.
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 Construction Permit under Section 3 of the Official
Map and Building Permit Act (1953), 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
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,
but only if the municipality has a Planning Board or a committee thereof
with power to act, and which:
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.
[1969 Code § 74-22]
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
[1969 Code § 74-23]
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 Elmwood Park. Any action
taken by the Governing Body and the Planning Board under the terms
of this chapter shall give primary consideration to the abovementioned
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 and Governing Body 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.
[1969 Code § 74-24]
All ordinances or parts of ordinances, other than the Zoning
Ordinance of the Borough of Elmwood Park, which are inconsistent with
the provisions of this chapter, are hereby repealed to the extent
of such inconsistency.
[1969 Code § 74-25]
This chapter shall take effect after passage and publication
as prescribed by law.
