[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.
[Ord. #283]
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
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 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.
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,
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.
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 Borough Clerk for Planning Board consideration and tentative approval, and meeting the requirements of Section 16-10.
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.
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:
ARTERIAL STREETSShall mean those which are used primarily for fast or heavy traffic.
COLLECTOR STREETSShall 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.
MINOR STREETSShall mean those which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSShall 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.
ALLEYSShall mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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.
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.
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.
[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:
[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]
[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:
[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:
[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:
[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:
[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.
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]
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:
[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.
