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.
A developer submitting an 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.
The borough planning board, unless a different agency is
designated by ordinance when acting pursuant to the authority of this
act.
The board established pursuant to R.S. 40:55D-69.
Any major subdivision in zoning district R-100 employing the provisions of subsection 12-14.5 of this revision.
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.
Calendar days.
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.
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.
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.
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.
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.
Any subdivision not classified as a minor subdivision.
The map or plat of a subdivision.
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.
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.
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.
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.
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.
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 unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
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.
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.
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.
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.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or municipal roadway.
Is shown upon a map heretofore approved pursuant to law.
Is approved by official action as provided by Title 40.
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.
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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.
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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.
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."
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.
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.
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:
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:
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.
