Borough of Sea Girt, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. #283]
This chapter shall be known and may be cited as "The Land Subdivision Regulations of the Borough".
[Ord. #283]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough, in order to promote the public health, safety, convenience and general welfare of the Municipality. It shall be administered to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[Ord. #283]
The approval provisions of this chapter shall be administered by the Borough Council after favorable referral by the Planning Board of the Borough,[1] in accordance with Section 14 of Chapter 433 of the Laws of 1953.
[1]
Editor's Note: See Section 15-1, Planning Board, of Chapter 15, Land Use Procedures.
[Ord. #283]
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 map, or by metes and bounds, for purpose of sale, lease or separate use.
MAJOR SUBDIVISION
Shall mean all subdivisions not classified as minor subdivisions.
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 of adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinances 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, co-partnership 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 GUARANTY
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 Borough Clerk for Planning Board consideration and tentative approval, and meeting the requirements of Section 16-10.
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 16-9.
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 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:
a. 
Shall mean those which are used primarily for fast or heavy traffic.
b. 
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.
c. 
Shall mean those which are used primarily for access to the abutting properties.
d. 
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.
e. 
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.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity 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, of sale or building development; except that the following divisions shall not be considered subdivisions, provided, however, that no new streets or roads are involved: divisions of property by testamentary or intestate provisions, or divisions of property upon court order. Subdivision also includes re-subdivision, and where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
SUBDIVISION COMMITTEE
Shall mean a Committee of at least two Planning Board members, and one of the Board's professional staff 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 and subdivision which may be conferred on this Committee by the Board.
[1]
Editor's Note: See Chapter 15, subsection 15-3.4 for application fees.
[Ord. #283]
Any owner of land within the Borough shall, prior to subdividing or re-subdividing 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.
[Ord. #283]
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. The plat will then be forwarded to the Mayor and Council for their approval and returned to the subdivider within one week following the next regular meeting of the Borough Council.
[Ord. #283]
Before the Borough Clerk returns any approved sketch plat to the subdivider, the subdivider shall furnish sufficient copies to furnish one copy of each of the following:
a. 
Borough Clerk.
b. 
Borough Engineer.
c. 
Construction Official or Zoning Officer.
d. 
Tax Assessor.
e. 
Secretary of the Planning Board.
f. 
County Planning Board.
g. 
Tax Collector.
[Ord. #283]
Either a deed description or plat map drawn in compliance with Chapter 58 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.
[Ord. #283]
If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat, which will be returned to the subdivider for compliance with the procedure in Sections 16-6 and 16-7.
[1]
Editor's Note: See Chapter 15, subsection 15-3.4 for application fees.
[Ord. #283]
At least six black-on-white prints of the preliminary plat, together with three completed application forms, for preliminary approval, shall be submitted to the Borough Clerk two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a fee not to exceed the actual cost of publication shall be paid to the Borough Clerk to cover the costs of publishing notice and of notifying the persons concerned of the pending hearing on the subdivision. The Borough Clerk shall immediately notify the Secretary of the Planning Board upon receipt of a preliminary plat.
[Ord. #283]
The Secretary of the Planning Board shall notify by mail at least five days prior to the hearing all property owners within two 200 feet of the extreme limits of the subdivision, as their names appear on the Municipal tax record. The notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of the subdivision has been filed with the Borough Clerk for public inspection. The Secretary shall also cause 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.
[Ord. #283]
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:
a. 
Secretary of County Planning Board.
b. 
Borough Engineer.
c. 
Secretary of Board of Health.
d. 
Such other Municipal, County or State officials as directed by the Planning Board.
[Ord. #283]
The Planning Board shall act on the preliminary plat within 90 days after submission to the Borough 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 disapproves 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.
[Ord. #283]
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 Borough Council for action. The Council shall act within 30 days. Its action shall be noted on the plat, signed by the Mayor and returned to the subdivider for compliance with final approval requirements.
[Ord. #283]
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of approval:
a. 
That the general terms and conditions under which the preliminary approval was granted will not be changed.
b. 
That the applicant may submit on or before the expiration date the whole or part or parts of the plat for final approval.
[Ord. #283]
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Section 16-12, or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements.
[Ord. #283]
The final plat shall be submitted to the Borough Clerk for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Borough 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 Borough Clerk.
[Ord. #283]
The original tracing, one translucent tracing-cloth copy, two cloth prints, six black-on-white prints and three 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.
[Ord. #283]
The final plat shall be accompanied by a statement by the Borough 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:
a. 
Installed all improvements in accordance with the requirements of these regulations; or
b. 
A performance guaranty has been posted with the chief financial officer of the Borough in sufficient amount to assure the completion of all required improvements.
[Ord. #283]
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 Borough Council.
[Ord. #283]
If the Planning Board favorably refers a final plat to the Borough Council, the Council 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 if favorable.
[Ord. #283]
Failure of the Planning Board and Borough Council to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Borough Clerk shall issue a certificate to that effect.
[Ord. #283]
If any person shall be aggrieved by the action of the Planning Board, appeal in writing to the Borough Council 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 Borough Council 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 Council, and the applying party shall be given a copy.
[Ord. #283]
Upon final approval, copies of the final plat shall be filed by the Planning Board with the following:
a. 
Borough Clerk.
b. 
Borough Engineer.
c. 
Construction Official.
d. 
Tax Assessor.
e. 
County Planning Board.
f. 
Official issuing certificates for approved lots.
g. 
Tax Collector.
[Ord. #283]
The final plat, after final approval by the Borough Council, 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.
[Ord. #283]
No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Borough Council and signed by the Mayor.
[Ord. #283]
The sketch plat shall be based on tax map information or some other similarly accurate base, at a scale [preferably 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 streams within 500 feet of the subdivision.
[Ord. #283]
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. The plat shall be designed in compliance with the provisions of Section 16-14 and shall show or be accompanied by the following information:
a. 
A key map showing the entire subdivision and its relation to surrounding areas.
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 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 center-line profiles for all proposed new streets.
e. 
The locations of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes, 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. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved.
g. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
[Ord. #283]
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equaling 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 or dedicated to public use, all lot lines and other site lines; with accurate dimensions, bearing 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 an engineer or licensed New Jersey land surveyor as to accuracy of details of plat.
i. 
Certification that the applicant is 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 Borough 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.
[Ord. #283]
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:
a. 
Streets.
b. 
Street signs.
c. 
Curb and/or gutters.
d. 
Sidewalks.
e. 
Streetlighting.
f. 
Shade Trees. To be located on the street line so as not to interfere with utilities or sidewalks.
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 the statute.
i. 
Water mains, culverts, storm sewers and sanitary sewers.
[Ord. #283]
All such installations shall be such as can be properly connected with the existing system and shall be adequate to handle all present and probable future development.
[Ord. #283]
All of the improvements listed in subsection 16-12.1 shall be subject to inspection and approval by the Borough 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. #283]
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 Borough Engineer, unless the subdivision owner shall have filed with the Borough a performance bond which shall be issued by a bonding or surety company approved by the Borough Council; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the Borough.
[Ord. #283]
The performance guaranty shall be approved by the Borough 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 the surety, if there be one, the Borough Council 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 Borough Council, by resolution, when portions of the required improvements have been installed. If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof, the Borough shall install such improvements.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
[Ord. #283]
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. 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 Borough and enhance the public welfare in accordance with the following design standards.
[Ord. #283]
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. 
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 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 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 subsection 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 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 (cul-de-sac) 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.
[Ord. #283]
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. #283]
a. 
Lot dimensions and area shall not be less than the requirements of Chapter 17, Zoning.
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 which is at least 50 feet in width, except lots fronting on streets described in subsection 16-14.2; paragraphs d,4 and d,5.
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.
[Ord. #283]
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 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. #283; New]
If, before favorable referral and final approval by the Borough Council has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board and the governing body is required to act, such person shall be subject to the penalties provided by N.J.S.A. 40:49-5.1.
[Ord. #283]
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 10 of the Official Map and Building Permit Act (1953), the Borough 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, but only if the Borough has a Planning Board or a committee thereof with power to act and which:
1. 
Meets regularly on a monthly or more frequent basis; and
2. 
Whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953.
[Ord. #283]
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.
[Ord. #283]
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. Any action taken by the Planning Board and Borough Council 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 Borough Council 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.