Borough of Hopewell, NJ
Mercer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The authority to regulate land subdivision is contained in R.S. 40:55D-1. et seq.
[Ord. 302]
This chapter shall be known and may be cited as The Land Subdivision Ordinance of the Borough of Hopewell.
[Ord. 302]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Hopewell in order to promote the public health, safety, convenience and general welfare of the borough. It shall be administered to insure the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[Ord. 302]
The provisions of this chapter shall be administered by the borough planning board, except that such provisions shall be administered by the board of adjustment in applications before that board in accordance with the provisions of R.S. 40:55D-76.
[Ord. 302; Ord. 331; Ord. 508]
Whenever a word or term is used in this chapter which is defined in R.S. 40:55D-3-7, such word or term shall be intended to have the meaning set forth in the definition of such word or term found in the statute, unless a contrary intention is clearly expressed from the context of this chapter.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to R.S. 40:55D-34, or R.S. 40:55D-36.
APPROVING AUTHORITY
The borough planning board, unless a different agency is designated by ordinance when acting pursuant to the authority of this act.
BOARD OF ADJUSTMENT
The board established pursuant to R.S. 40:55D-69.
CLUSTER SUBDIVISION
Any major subdivision in zoning district R-100 employing the provisions of subsection 12-14.5 of this revision.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION
A complete application shall be defined as provided in Chapter 12, Zoning, subsection 12-4.15A of the "Revised General Ordinances of the Borough of Hopewell, 1975" as amended.
DAY
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to Title 40.
FINAL APPROVAL
The official action of the planning board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
LOT
A designated parcel, tract or area of land established by a map or otherwise as permitted by law and to be used, developed or built upon as a unit.
MAINTENANCE GUARANTEE
Any security which may be accepted by the borough for the maintenance of any improvements required by Title 40, including, but not limited to, surety bonds, letters of credit under the circumstances specified in subsection 11-8.5c, and cash. The borough shall not require that a maintenance guarantee be in cash; however, the developer, at his option, may provide some or all of a maintenance guarantee in cash.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MAP
The map or plat of a subdivision.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the borough as set forth in and adopted pursuant to R.S. 40:55D-28.
MINOR SUBDIVISION
Any subdivision of land that does not involve more than two lots fronting on an existing street or road provided that such subdivision does not involve (1) a planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to R.S. 40:55D-42.
OFF-TRACT
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.
OPEN-SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTEE
Any security, which may be accepted by the borough, including, but not limited to, surety bonds, letters of credit under the circumstances specified in subsection 11-8.5c, and cash. The borough shall not require more than 10% of the total performance guarantee in cash; however, a developer may, at his option, provide more than 10% of a performance guarantee in cash.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to R.S. 40:55D-46, R.S. 40:55D-48 and R.S. 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.
a. 
Public parks, playgrounds, trails, paths and other recreational areas.
b. 
Other public open spaces.
c. 
Scenic and historic sites.
d. 
Sites for schools and other public buildings and structures.
PUBLIC DRAINAGE WAY
The land reserved or dedicated 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 to safeguard the public against flood damage, sedimentation, and erosion.
a. 
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law.
b. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:
a. 
Is an existing state, county or municipal roadway.
b. 
Is shown upon a map heretofore approved pursuant to law.
c. 
Is approved by official action as provided by Title 40.
d. 
Is shown on a map 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 maps.
It shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
SUBDIVIDER
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.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (1) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order, including but not limited to judgements of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative office to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts, or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of at least three planning board members appointed by the chairman of the board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on this committee by the board.
[Ord. 302]
The planning board, when acting upon applications for minor or preliminary subdivision approval, shall have the power to grant exceptions from the requirements for subdivision approval which may be reasonable and within the general purpose and intent of this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
The planning board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the planning board, or the planning board being required to hold further hearings. The longest time period for action by the planning board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the map shall include reference to the request for such conditional use.
Certificates of approval shall be issued by the borough clerk in accordance with the Municipal Land Use Law, R.S.40:55D-56.
a. 
No building permit shall be issued by the building inspector for any dwellings, buildings or structures within the subdivision until final approval has been granted. Upon application to the planning board, up to three building permits may be issued for model homes in a major subdivision prior to final approval.
b. 
No certificate of occupancy for any dwelling, building or structure shall be granted unless all required improvements which pertain to the health, safety and welfare of the occupants of the dwelling, building or structure, have been installed or completed.
c. 
A certificate of occupancy may be issued if all improvements have been installed or completed except the finish course of the road and the borough engineer warrants that completion of the road is in the borough interest after the subdivider has completed construction of dwellings and structures. The maintenance guarantee required in subsection 11-7.4 shall not begin until the finish course has been installed.
a. 
In the event that a developer submits an application for subdivision approval proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the planning board shall process such application in accordance with this chapter and, if such application complies with all borough regulations, the planning board shall approve such application conditioned on removal of such legal barrier to development.
b. 
In the event that a development proposed by an application for subdivision approval requires an approval by a governmental agency other than the planning board, the planning board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The planning board shall make a decision on any application for subdivision within an extension of such period as had been agreed to by the applicant, unless the planning board is prevented or relieved from so acting by the operation of law.
In the event that, during the period of approval heretofore or hereafter granted to an application for subdivision approval, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, and the developer is otherwise ready, willing and able to proceed with such development, the running of the period of approval under this chapter shall be suspended for the period of time such legal action is pending or such directive or order is in effect.
The planning board, when reviewing applications for subdivisions, shall have the power to grant, to the same extent, and subject to the same restrictions as the board of adjustment, variances from lot area, lot dimensional, setback and yard requirements; provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot. Such variance shall be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property. The variance granted from such strict application of such regulation shall relieve such difficulties or hardship; provided that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
[Ord. 302; Ord. 331]
Hearings shall be required as part of preliminary approval for all major subdivisions.
A complete set of maps, documents and exhibits shall be on file at least 10 days prior to the date of the hearing at the office of the planning board.
Public notice shall be required for preliminary approval of all major subdivision applications and approval of all minor subdivision applications requiring a zoning variance to be granted by the planning board. Such notices should be in accordance with section 10A-4.
a. 
Each decision on any application for subdivision shall be reduced to writing as provided in this subsection and shall include findings of facts and conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval, or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency, and not to be an action of the municipal agency; except that failure to adopt such a resolution within the 45 day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of required mailings, filings and publication.
b. 
A copy of the decision shall be mailed by the board within 10 days of the date of decision to the applicant, or if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the board for such service. A copy of the decision shall also be filed in the office of the borough clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the borough.
c. 
A brief notice of every final decision shall be published in the official newspaper of the borough. Such publication shall be arranged by the secretary of the planning board, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
d. 
Any interested party desiring to appeal the decision of the planning board shall appeal to the borough council any final decision on an application for development.
1. 
An appeal shall be decided by the borough council only upon the record established before the municipal agency, and the appellant shall (1) within five days of service of the notice of the appeal arrange for a transcript for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise the appeal may be dismissed for failure to prosecute.
2. 
The borough council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the board.
Pursuant to the provisions of R.S. 40:55D-39 and R.S. 40:55D-65, every application for subdivision submitted to the planning board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on such property. Any approvals or other relief granted by either board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the borough will be adequately protected.
[Ord. 302; Ord. 331; Ord. 349; Ord. 383; Ord. 437; Ord. 508]
Any owner of land within the borough, prior to subdividing or resubdividing land, as defined in this chapter, and before conveying legal or equitable title to such subdivisions or any part thereof, shall apply to the planning board for review and approval of the subdivision map, pursuant to the provisions of this chapter. If classified as a minor subdivision, the applicant shall be governed by the provisions of subsection 11-7.2. If classified as a major subdivision, the applicant shall be governed by the provisions of subsection 11-7.3.
a. 
Application by Corporation or Partnership. A corporation or partnership applying to the planning board or the board of adjustment or to the governing body for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
b. 
Disclosure of 10% Ownership Interest of Corporation or Partnership which is 10% Owner of Applying Corporation or Partnership. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to disclosure pursuant to subsection 11-7.1a that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the non-corporate stockholders and individual partners, exceeding the 10% ownership criterion established in this act have been listed.
c. 
Disapproval of Application. The planning board, board of adjustment or governing body shall not approve the application of any corporation or partnership which does not comply with 11-7.1a and 11-7.1b.
d. 
Penalty. Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to a fine of $1,000 to $10,000 which shall be recovered in the name of the municipality in any court of record in the state in a summary manner pursuant to "The Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et. seq.).
a. 
Applications for minor subdivision shall be submitted to the planning board secretary at least 21 days prior to the regularly scheduled board meeting at which consideration is desired. At least 18 copies of the proposed minor subdivision, together with the application form, and the fees as specified in Chapter 10A, subsection 10A-4.4b shall be submitted.
b. 
The applicant shall simultaneously submit one copy of the proposed minor subdivision to the county planning board if the proposed subdivision fronts on a county right-of-way or submission is required under the provisions of R.S. 40:27-6.3. The borough planning board shall condition any approval that it grants upon the timely receipt of a favorable report by the county planning board or approval by that board by its failure to report thereon within the required time period.
c. 
The planning board shall act on a minor subdivision sketch map application within 45 days of submission of such map to the planning board secretary or borough clerk, or within such further time as is agreed to by the subdivider and the planning board.
d. 
If classified and approved as a minor subdivision by unanimous action of the subdivision committee, a notation to that effect shall be made on the sketch map. The map will then be forwarded to the chairman and secretary of the planning board for their signatures and returned to the subdivider within one week following the next regular meeting of the planning board by the secretary. No further planning board approval shall be required.
e. 
The secretary shall file one copy and forward one copy to each of the following:
1. 
Borough clerk.
2. 
Borough engineer.
3. 
Borough zoning officer.
4. 
Tax assessor.
5. 
Board of health.
It shall be the applicant's responsibility to forward a copy to the Mercer County Planning Board, New Jersey State Department of Environmental Protection and all other necessary agencies or governmental entities.
f. 
If approved as a minor subdivision, a map drawn in compliance with or a deed stamped with the date of planning board approval and signed by the chairman and secretary of the planning board shall be filed by the subdivider with the county recording officer, the municipal engineer and the municipal tax assessor, within 190 days from the date of approval. Failure to file within 190 days shall void such subdivision approval.
g. 
If the map is classified as a major subdivision, it shall be signed by the planning board chairman, and a notation to that effect shall be made on the map which will be returned to the subdivider for compliance with the subsequent procedures of this section. In addition to map classification as a major subdivision, the planning board may recommend map design modifications to be considered in preliminary map preparation.
h. 
The granting of minor subdivision approval shall guarantee that the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval; provided that the approved minor subdivision shall have been duly recorded as provided in paragraph 11-7.2f above.
a. 
The subdivider shall have the option of preparing a sketch map of the proposed major subdivision for the board's review and comment.
b. 
Applications for major subdivision shall be submitted to the planning board secretary at least 21 days prior to the regularly scheduled board meeting at which consideration is desired. At least 18 copies of the proposed major subdivision plat together with application form, and the fees as specified in Chapter 10A, subsection 10A-4.4b shall be submitted.
c. 
Copies of the preliminary map and exhibits shall be forwarded by the secretary upon receipt to the following persons:
1. 
Borough engineer.
2. 
Borough planner.
3. 
Borough board of health.
4. 
Borough zoning officer.
It shall be the applicant's responsibility to forward a copy to the Mercer County Planning Board, New Jersey State Department of Environmental Protection and all other necessary agencies or governmental entities.
d. 
The officials and agencies cited above shall forward their views and recommendations in writing to the planning board within 30 days from the receipt of the map. The preliminary map shall be referred to the subdivision committee for review and recommendations. The subdivision committee may recommend certain changes based on their review and the comments of other officials and agencies. A full report of all meetings, recommendations and discussions shall be forwarded to the planning board within 30 days after receipt of the map by the committee. If the application is found to be deficient, the applicant shall be notified within 45 days of submission.
e. 
After all comments have been received, or after 30 days have elapsed, and after the applicant has revised the map to meet required changes, the planning board shall, after a review of such map, and if all requirements are met, and such application is complete, set the date for the public hearing in accordance with subsection 11-6.1 and shall notify the applicant of such date.
f. 
At the public hearing, the applicant shall submit to the planning board a copy of the advertisement and an affidavit of notice of public hearing to persons served giving a list of the names, addresses, and lot and block number of owners so notified, how served, date of service, and a copy of the notice and mail receipt.
g. 
If substantial changes or amendments are required as a result of the public hearing or of the planning board deliberations, the applicant may be required to resubmit the map for preliminary approval.
h. 
The planning board shall act on the map within 45 days after submission of a complete application including all fees, maps and exhibits for 10 or fewer lots and 95 days for a subdivision of more than 10 lots. Failure of the planning board to act within the above time periods, or within a time extension mutually agreed upon, shall be considered an approval. If the planning board disapproves a map, no action shall be taken until receipt of county planning board review or until 30 days have elapsed from date of referral to the county.
i. 
The planning board shall approve, conditionally approve, or reject the application. Approval, or conditional approval, confers upon the applicant the following rights for a three-year period from the date of approval or conditional approval:
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision map.
3. 
If either the planning board or county planning board disapprove a map, the reasons for disapproval shall be remedied prior to further consideration. 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. The planning board may grant conditional approval subject to the subsequent approval of other officers of public bodies. Unless each parcel of a subdivision is connectable with the borough sanitary sewer system, no approval shall be given until and unless the sanitary inspector or the board of health of the borough has approved each of the parcels as being capable of proper sewage disposal.
4. 
If the planning board acts favorably and grants preliminary approval, the chairman and secretary of the planning board shall affix their signatures to the map with a notation that it has received preliminary approval and shall return same to the applicant for compliance with final approval requirements. Where conditional approval is granted, the chairman and the secretary of the planning board shall affix their signatures to the map only when all conditions required for approval have been met.
j. 
The applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern. In the case of a subdivision for an area of 50 acres or more, the planning board may grant the rights referred to in paragraph 11-7.31 for such period of time, longer than three years, as shall be determined by the planning board to be reasonable as provided in R.S.40:55D-49d. provided that if the design standards have been revised, such revised standards may be required by the planning board.
a. 
Before approval is granted to a final subdivision map, the subdivider shall have met the provisions of section 11-10 herein relating to improvements, and the developer or subdivider shall have executed a developer's agreement as hereinafter specified. The developer's agreement shall be between the developer or subdivider and the borough and shall provide such reasonable conditions as the borough council finds necessary to assure that:
1. 
The required improvements shall be properly installed and will function so as not to create any nuisance or conditions adverse to public interest.
2. 
Appropriate measures will be taken to limit any inconvenience to the public that may be caused by construction including but not limited to noise, dust, mud, traffic and detours.
3. 
The timing of building development shall be spaced out over a reasonable period of time to lessen an undesirable impact on community facilities.
4. 
The developer or subdivider is aware of any existing building construction bans or limitations, and preliminary map approval will not void such bans.
b. 
Such agreement shall also provide for the posting of a two-year maintenance guarantee to take effect upon approval of the completed improvements by the borough engineer.
c. 
The required maintenance guarantee shall not exceed 15% of the cost of the improvements to be installed.
d. 
The required maintenance guarantee shall also include the following language: "It is hereby understood and agreed that in the event the principal shall default in the performance of its obligation under this guarantee, then the surety shall perform said principal's obligation at the option of the obligee".
a. 
The final map shall be submitted to the planning board secretary for forwarding to the planning board for final approval within three years of the date of approval of the preliminary map or such greater period as granted pursuant to subsection 11-7.3j. At the time of filing, the fee and escrow fund as specified in Chapter 10A subsection 10A-4.4b, shall be paid by the applicant. The planning board shall act upon the final map within 45 days after the submission for final approval, but no application for final approval shall be considered to have been made unless it is in conformance with all of the requirements provided in this chapter for the submission of final map. The planning board may grant final approval at the time of preliminary approval provided that all of the requirements for final approval are met at the time of preliminary approval. For such combined approvals the planning board may waive the fee for final map approval.
b. 
The original tracing or one reproducible copy, six black line prints and three copies of the application form for final approval shall be submitted to the planning board secretary at least three weeks prior to the date of a regular planning board meeting. Unless the preliminary map is approved without changes, the final map shall have incorporated all changes or modifications required by the planning board.
c. 
The final map shall be accompanied by a statement of the municipal engineer that he is in receipt of a map showing all utilities in exact location and elevation and that the subdivider has installed all improvements required under section 11-10 in accordance with all applicable requirements.
d. 
Two black line prints of all final plans, and subsequent revisions, shall be submitted to the county planning board. Whenever review or approval of the application by the county planning board is required by R.S.40:27-6.3, the borough planning board shall condition any approval that it grants upon the timely receipt of a favorable report by the county planning board or approval by that board by its failure to report thereon within the required time period.
e. 
The planning board shall act within 45 days of submission of a complete application, or within such further time as may be mutually agreed upon. If the planning board approves the final map, a notation to that effect shall be made on each map and shall be signed by the chairman, the planning board secretary, the borough clerk and the borough engineer.
f. 
Failure of the planning board to act within the allotted time shall be deemed to be favorable approval, and the borough clerk shall, upon request, issue a certificate to that effect.
g. 
Upon final approval, copies of the final map shall be filed by the planning board with the following:
1. 
Borough clerk.
2. 
Borough engineer.
3. 
Borough zoning officer.
4. 
Borough tax assessor.
5. 
Borough planning board secretary.
6. 
Borough board of health secretary.
7. 
County planning board.
h. 
The final map, after final approval, shall be filed by the subdivider with the county clerk within 95 days from the date of such approval. If any final map is not filed within this period, the approval shall expire.
i. 
No map shall be accepted for filing by the county recording officer unless it has been duly approved by the planning board and signed according to the requirements of paragraph 11-7.4e.
j. 
Unless each parcel of a final subdivision is connectible with a sanitary sewer system, the certification provided for in paragraph 11-7.4e and the approval provided for in paragraph 11-7.4f thereof shall not be given until and unless the board of health of the borough has approved each of the parcels as capable of proper sewage disposal.
k. 
The granting of final approval shall confer upon the applicant the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that these rights shall expire if the map has not been duly recorded within the prescribed time period.
l. 
If the developer has followed the standards prescribed for final approval, and has duly recorded the map as required by this chapter, the planning board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval. In the case of a subdivision for a residential cluster of 50 acres or more, the planning board may grant the rights referred to in paragraph k above, for such period of time, longer than two years, as shall be determined by the planning board to be reasonable as provided in R.S.40:55D-52b. The developer may apply for thereafter, and the planning board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the planning board to be reasonable as provided in R.S.40:55D-52b.
[Ord. 302; Ord. 508]
An application for approval of a cluster subdivision shall be deemed an alternative method of subdividing land and may be initiated at the option of the subdivider. In addition to all other requirements of this chapter, all cluster subdivisions shall be subject to the provisions of this subsection.
a. 
Sketch subdivision map. An applicant proposing a cluster subdivision shall first submit a sketch subdivision map to the planning board in accordance with zoning standards enumerated in the Schedule of Area, Yard and Building Requirements applicable to subdivisions not proposed for cluster development. After approval of such map by the board, the applicant may then submit a plan, with no additional fee, in accordance with the standards and conditions of this subsection showing not more than the same number of lots shown and approved on the original map subdivision.
The purpose of the sketch subdivision map first submitted shall be to establish the number of building lots to be permitted within the subdivision. The planning board shall not approve such sketch subdivision map if it includes lots which could not, because of their situation or topography, be developed for residential purposes.
b. 
Sketch Map Approved. The planning board shall review the sketch cluster subdivision map for sketch map approval and shall base its decision on the following:
1. 
Whether the proposal furthers the intent and spirit of the zoning ordinance and master plan of the borough.
2. 
Whether the proposal complies with the intent and purpose of this subsection and with the design standards of paragraph f hereof.
3. 
The need for additional open space or recreational facilities in the area.
4. 
Whether the proposed common open space area is suitable because of slope, drainage or other factors for recreational or open space uses.
The planning board shall not be compelled to approve a proposal for a cluster subdivision if it determines that the proposal does not further the orderly development of the area and the proposed open space does not conform to proposals of the borough master plan.
c. 
Common Space Ownership. The form of common space ownership, public or private, shall be proposed by the subdivider, but the planning board shall not be compelled to approve a proposal for a cluster subdivision if it determines that the proposed form of common open space ownership is not appropriate.
The preliminary map of a cluster subdivision shall show or be accompanied by the following information:
a. 
The location and extent of common open space.
b. 
If private ownership of common open space is contemplated, the proposed documentation of such ownership shall be submitted. Such documentation shall include the name and address of the owner, if then known, or if not, a statement of the nature of the owning entity, such as homeowner's association. It shall also include adequate provision to insure the retention and maintenance of such space for open space uses in perpetuity. Such documentation shall be subject to and accompanied by the approval of the borough attorney, and it may include a provision that the fee title shall vest in the borough, in the event that the space shall not be retained or maintained for open space uses.
c. 
If public ownership of common open space is contemplated, the proposed terms and conditions of such ownership shall be submitted and shall be subject to and accompanied by the approval of the borough attorney, and of the borough council or other public body that is to assume ownership of such open space.
The final map of a cluster subdivision shall show or be accompanied by the following information:
a. 
The location and extent of common open space with accurate dimensions, bearings and acreage.
b. 
Documentation of title to common open space duly executed in final and recordable form, subject to and accompanied by the approval of the borough attorney, and, if applicable, of the borough council or other public body that is to assume ownership of such space, all in accordance with the preliminary map submission. Such documentation of title shall be recorded in the office of the Mercer County Clerk, and the original of such recorded documentation shall be furnished to the borough, by and at the cost and expense of the subdivider, before the approval of the final map.
a. 
Prior to the granting of approval of a final map of a cluster subdivision, the subdivider shall have installed or, at the option of the approving authority, shall have furnished performance guarantees in favor of the borough in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the municipal engineer according to the method of calculation set forth in paragraph d of subsection 11-10.2 for improvements which the improving authority may deem necessary or appropriate, including:
1. 
Such streets, pavement, gutters, curbs, sidewalks, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, chapter 141, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space, and, in the case of site plans only, other on-site improvements and landscaping, grading, drainage, planting, walkways, fencing, and street lighting of the common open space as shall be deemed appropriate by the planning board to enhance the intended open space uses.
2. 
Such other improvements in the common open space as shall be proposed by the subdivider and approved by the planning board.
b. 
Before recording of final subdivision plats, the approving authority may require and shall accept, in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract improvements, the provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of improvement, which cost shall be determined by the municipal engineer according to the method of calculation set forth in paragraph d of subsection 11-10.2. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the borough for such utilities or improvements.
c. 
The approving authority shall accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:
1. 
Constitutes an unconditional payment obligation of the issuer running solely to the borough for an express initial period of time;
2. 
Is issued by a banking or savings institution authorized to do and doing business in this state;
3. 
Is for a period of time of at least one year; and
4. 
Permits the borough to draw upon the letter of credit which complies with the provisions of this section 30 days or such longer period in advance thereof as is stated in the letter of credit.
Cluster subdivisions shall be subject to the following design standards:
a. 
House lots and common open space shall be so arranged as to discourage future development of the common open space for other than open space uses.
b. 
The maximum number of house lots shall abut the common open space, and all house lots shall have reasonable access to the common space.
c. 
The location and arrangement of common open space shall be determined with due regard for area topography, preservation of landscape, appropriate siting of cluster lots, relationship of open space to surrounding development, access to persons and maintenance equipment, and other applicable factors, as determined by the planning board.
d. 
Where feasible, separate vehicular and pedestrian circulation systems shall be provided.
e. 
Where practicable, house lots in the cluster subdivision shall be located and sized so as to avoid abrupt changes in lot sizes, setbacks or the like between the cluster subdivision and abutting existing developments.
f. 
All common open space shown on a preliminary map shall be included in the first section submitted for final map approval. However, in the case of a subdivision to be developed over a period of years, the planning board may permit the total area proposed for common open space to be divided among the sections submitted for final map approval, in which case the common open space appurtenant to each such section shall comply with the minimum common open space requirements as applied to each section.
[Ord. 302; Ord. 479]
The sketch map 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 borough tax records.
d. 
The tax map sheet, block and streams within 500 feet of the subdivision.
The preliminary map shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary maps shall be designed and drawn by a land surveyor licensed in the State of New Jersey. The map shall be designed in compliance with the provisions of section 11-11 of this chapter 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. 
The 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 tenth of an acre.
d. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross-sections and 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 area and rock formations.
f. 
Plans of proposed utility layouts, including sewers, storm drains, water, gas and electricity showing feasible connections to existing or any proposed utility systems. When an individual water supply or sewage disposal system is proposed, the plan for such system shall 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 map. 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 map.
h. 
Printed on the face of the map shall be the Hopewell Borough Standard Construction Requirements and Procedures for Public Improvements dated September, 1990, and adopted as Schedule 2 to the Hopewell Borough General Checklist for Complete Development Applications.
The final map shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 60 feet and in compliance with the provisions of R.S. 46:23-9.1. The final map shall show or be accompanied by the following:
a. 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
b. 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs, and central angles of all curves.
c. 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
d. 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one.
e. 
Minimum building setback lines 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 map.
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 map is required by any officer or body of the borough, county or state, approval shall be certified on the map.
k. 
Cross-sections and profiles of streets approved by the borough engineer may be required to accompany the final map.
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. 302; Ord. 331; Ord. 367; Ord. 424; Ord. 479; Ord. 508]
Prior to the granting of final approval, the subdivider shall have installed the following:
a. 
Streets.
b. 
Street signs.
c. 
Curbs.
d. 
Sidewalks.
e. 
Street lighting.
f. 
Shade trees which shall be located on the street line so as not to interfere with utilities or sidewalk and which shall be of the types and in locations specified by the planning board.
g. 
No topsoil shall be removed from the site or used or 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; it shall be established by seeding or planting.
h. 
Monuments shall be of the size and shape required by R.S. 46:23-9.1 and shall be placed in accordance with that statute.
i. 
Water mains, fire hydrants, culverts, sanitary sewers and storm sewers shall be properly connected with an approved system and shall be adequate to handle all present and probable future developments.
j. 
All utility services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners; provided, however, that lots not part of a new major subdivision or site plan which abut existing streets where overhead electric, CATV or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric, CATV and telephone service from these overhead lines but any new service connections from the utilities' overhead lines, shall be installed underground. In cases where extension or replacement of service is needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of the service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the developer shall cause the replacement or relocation to be underground.
1. 
Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract and a letter from each company stating that service will be available to the development. The preliminary plans shall recite all public utilities that will serve the development. Any deviation from the statement of interest shall make null and void any approval granted by the borough.
2. 
Prior to the preconstruction meeting preceding the commencement of construction, the developer shall furnish the administrative officer a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the borough; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the borough attorney prior to the commencement of construction.
3. 
The developer shall provide the borough with four copies of a final "as built" plan showing the installed location of the facilities.
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or borough departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility fight-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of the Borough of Hopewell." Utility easements along street right-of-way lines shall be a minimum of 10 feet in width.
All of the above listed improvements 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.
a. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the borough council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the borough engineer according to the method of calculation set forth in paragraph d hereunder as of the time of the passage of the resolution. The borough engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
b. 
1. 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the borough council in writing, by certified mail addressed in care of the borough clerk, that the borough engineer prepare, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to paragraph a., a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the borough engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the borough engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the borough council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
2. 
The list prepared by the borough engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the borough engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to subsection 11-10.2a.
c. 
1. 
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the borough engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to subsection 11-10.2a. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the borough engineer. Upon adoption of the resolution by the borough council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
2. 
If the borough engineer fails to send or provide the list and report as requested by the obligor pursuant to paragraph b. hereinabove within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the borough engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
3. 
If the borough council fails to approve or reject the improvements determined by the borough engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the borough engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable, complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the borough engineer and appended to the performance guarantee pursuant to subsection 11-10.2a and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
4. 
In the event that the obligor has made a cash deposit with the borough or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
d. 
If any portion of the required improvements is rejected, the approving authority may required the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
e. 
The obligor shall reimburse the borough for all reasonable inspection fees paid to the borough engineer for the foregoing inspection of improvements provided that the borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, as determined pursuant to this subsection. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the borough engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the borough engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The borough engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
f. 
The cost of the installation of improvements for the purposes of this subsection shall be estimated by the borough engineer based on documented construction costs for public improvements prevailing in the general area of the borough. The developer may appeal the borough engineer's estimate to the borough council. The borough council shall decide the appeal within 45 days of receipt of the appeal in writing by the borough clerk. After the developer posts a guarantee with the borough based on the cost of installation of improvements as determined by the borough council, the developer may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.
g. 
In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.
h. 
To the extent that any of the improvements have been dedicated to the borough on the subdivision plat or site plan, the borough council shall be deemed, upon the release of any performance guarantee required pursuant to subsection 11-8.5 of this chapter, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the borough engineer.
No final map shall be approved by the planning board until the completion of all such required improvements has been certified by the borough engineer to the planning board.
In cases in which a proposed subdivision has no direct access to a public street or in which it has no direct access to a public sanitary sewer and does not qualify for sewage disposal by individual septic systems, whereby the subdivision cannot qualify for approval under this article, the planning board may nevertheless grant preliminary approval upon condition that the subdivider acquire, improve and dedicate to the borough such street or sewer connection between the subdivision and an existing public street or sanitary sewer, as the case may be, as shall be approved by the planning board. Such off-tract connections shall be subject to the provisions of this section as if they were required on-tract improvements. The dedication thereof shall be subject to approval of the borough attorney as to form. The provisions of this section shall be applicable only upon the request and with the consent of the subdivider.
a. 
The planning board shall require, as a condition of final subdivision approval, that the developer pay his pro-rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro-rata share shall only be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans included in the borough master plan. The developer shall contribute his pro-rata share of the costs, except that in the case where all costs for the required improvements can be properly allocated to the developer, he may be required to install the improvement.
b. 
The developer shall pay the full cost or shall be required to construct off-tract improvements that are wholly necessitated by the proposed development where said improvements do not benefit any land other than the land within the subdivision or site plan.
c. 
The developer shall provide for payment of its pro-rata share, as determined in paragraphs e and f of this subsection, of all off-tract improvements required by the planning board if such improvements are wholly or partially necessitated by the proposed development where said improvements benefit lands other than those within the subdivision or site plan.
d. 
The developer shall deposit with the borough a percentage of the total cost of the necessary improvements equal to the percent of benefit which said development will receive from the necessary improvements in relation to the total benefit resulting from the necessary improvement to all properties as developed or potentially developed.
e. 
In apportioning the benefits of off-tract improvements, as between the developer, and other property owners and the general public, the planning board shall be guided by the following factors:
1. 
The increase in market values of the properties affected and any other benefits conferred;
2. 
The needs created by the application;
3. 
Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements;
4. 
The estimated time for construction of the off-tract improvements;
f. 
Without limiting the generality of the foregoing, the planning board may take into account the following specific factors:
1. 
With respect to street widening, alignment, curbs, gutters, sidewalks, street lights, street signs, and traffic signalization improvements, the planning board may consider:
(a) 
Traffic counts;
(b) 
Existing and projected traffic patterns;
(c) 
Quality of roads and sidewalks in the area; and
(d) 
Such other factors as it may deem relevant to the needs created by the proposed development;
2. 
With respect to drainage facilities, the planning board may consider:
(a) 
The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part;
(b) 
The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan; and
(c) 
The use, condition or status of the remaining land area in the drainage basin.
3. 
With respect to water and sewerage facilities, the planning board may consider:
(a) 
Flow measurements;
(b) 
Projected future loadings to the system;
(c) 
Condition of the existing facilities;
(d) 
Amount of infiltration/inflow in the existing system; and
(e) 
The use, condition or status or the remaining land in the sanitary sewer service area.
g. 
Any money received by the borough for off-tract improvements to be constructed or installed by the borough pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the borough is responsible has not commenced within 10 years from date of deposit, the amount deposited together with any interest thereon shall be returned to the developer or his successor in interest.
h. 
Where a developer pays the amount determined as his pro-rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
[Ord. 302]
The subdivider shall observe the requirements and principles of land subdivision as described in this section in the design of each subdivision or portion thereof.
The subdivision map 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 been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets and 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 maps. Where no master plan or official map exists, streets and drainage rights-of-way shall be shown on the final map in accordance with R.S. 40:55-1.20 and shall be such as to lend themselves to the harmonious development of the borough and enhance the public welfare.
a. 
The arrangement of streets now shown on the master plan or official map shall be such as to provide for the appropriate extension of existing streets.
b. 
Minor streets shall be so designed as to discourage through traffic.
c. 
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the planning board may determine appropriate.
d. 
The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:
1. 
Arterial streets, 80 feet.
2. 
Collector streets, 60 feet.
3. 
Minor streets, 50 feet.
4. 
Marginal access streets, 40 feet.
5. 
The right-of-way width for internal roads and alleys in multifamily, or commercial or industrial developments shall be determined on an individual basis, and shall, in all cases, be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire fighting equipment.
e. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the borough council 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 to street width requirements of this chapter shall dedicate additional width along either one or both sides of such road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
g. 
Grades of arterial streets 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 1/2 of 1%.
h. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
i. 
Street jogs with centerline 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 shall be no 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 the future extension of the street and for reversion of the excess right-of-way to the adjoining property owners.
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.
a. 
Block length and width or acreage within bounding roads shall accommodate the size of lot required in the area by the zoning ordinance and provide for convenient access, circulation control and safety of street traffic.
b. 
In blocks over 1,000 feet long, pedestrian cross-walks 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.
a. 
Lot dimensions and area shall not be less than the requirements of the zoning chapter.
b. 
Insofar as it is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
c. 
Each lot shall front upon an approved street at least 50 feet in width except lots fronting on streets described in paragraphs 11-1.2d 4, 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.
a. 
Easements. In a large scale development, easements along 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 borough departments concerned.
b. 
Watercourses. Where a subdivision is traversed by a watercourse, drainage right-of-way conforming substantially with the lines of such watercourses, and such further width or construction, or both, as will be adequate for the purpose.
c. 
Natural Features. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such feature.
d. 
Reservation of Public Areas. If the master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision, the planning board may further require that such streets, ways, basins or areas be shown on the map in locations and sizes suitable to their intended uses. The planning board may reserve the location and extent of such streets, ways, basins or areas shown on the map for a period of one year after the approval of the final map or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the borough shall have entered into a contract to purchase or institute condemnation proceedings, according to law, for the fee or lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the map and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved or the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision or site plan approval, caused by the reservation.
[Ord. 302; Ord. 331]
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this act, may apply in writing to the administrative officer of the municipality, for the issuance of a certificate certifying whether or not such subdivision has been approved by the planning board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
a. 
Whether there exists in said municipality a duly established planning board and whether there is an ordinance controlling subdivision of land under the authority of this act.
b. 
Whether the subdivision, as it relates adopted to the land shown in said application, has been approved by the planning board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
c. 
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act.
The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which borough approval is required by ordinance such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the borough may institute and maintain a civil action:
a. 
For injunctive relief; and
b. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with R.S. 40:55D-56 of the Municipal Land Use Law. 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 developer or his assigns or successors, to secure the return of any deposits 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.