[HISTORY: Adopted by the Mayor and Council of the Borough
of Dunellen 3-18-2002 by Ord. No.
02.01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Land Development
Ordinance of the Borough of Dunellen."
A.
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision and site development in the
Borough of Dunellen in order to promote the public health, safety,
convenience and general welfare of the municipality. It shall be administered
to ensure the orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services.
B.
It shall also be a purpose of this chapter to ensure that any new
development gives due consideration to the physical, visual and spatial
characteristics of the existing streetscape, neighborhood and district
in which such is located and the Borough generally, and to ensure
that the physical, visual and spatial characteristics of any proposed
development shall not be so markedly incongruous with the same characteristics
of the existing streetscape, neighborhood and district in which such
is located, and the Borough generally, so as to materially detract
from the real property value of the adjacent or nearby properties.
The approval provision of this chapter shall be administered
by the Borough of Dunellen Planning Board or Board of Adjustment,
all in accordance with applicable statutes, laws and ordinances.
For the purposes of this chapter, the terms used herein are
defined as follows:
The Zoning Official of the Borough of Dunellen.
A developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to applicable statutes, laws and ordinances.
The Planning Board and/or Zoning Board of Adjustment of the
municipality, unless a different agency is designated by ordinance,
when acting pursuant to the authority of this Act.[1]
The Board established by the Zoning Ordinance of the Borough
of Dunellen. May be referred to herein as the "Board."
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof
as further defined by the Uniform Construction Code.
A governmental acquisition of real property or major construction
project.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes, cables and
conduits.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use, as contained in Chapter 115, Zoning, and upon the issuance of an authorization therefor by the Planning Board and/or Zoning Board of Adjustment.
When used in this chapter, the construction specifications
and standard construction details as specified by the Borough Engineer
of the Borough of Dunellen.
A composite of the Master Plan for the physical development
of Middlesex County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to New Jersey statute.
The Planning Board of Middlesex County.
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.
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map or other municipal regulation of the use and development
of land or amendments thereto.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
The lands required for the installation of stormwater or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes.[2]
The detachment and movement of soil or rock fragments by
water, wind, ice, gravity or otherwise.
The official action of the Planning Board and/or Zoning Board
of Adjustment taken on a preliminary approved major subdivision, site
plan or other application for development after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision, which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey, and, in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this Act or under any other law of this state or
of the United States or whose right has been denied, violated or infringed
upon by an action or a failure to act under this Act.
Includes improvements and fixtures on, above or below the
surface.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision. In
addition, any proposed subdivision which would otherwise qualify as
a minor subdivision shall be classified as a "major subdivision" if
the subdivision under consideration represents a further subdivision
of an original tract of land for which previous minor subdivision(s)
have been approved by the Planning Board and/or Zoning Board of Adjustment
within the past three years. The original tract of land shall be considered
any tract in existence at the time of the adoption of the Zoning Ordinance
of the Borough of Dunellen.
A composite of the mapped and written proposals recommending
the physical development of the municipality, which shall have been
duly adopted by the municipality.
Any subdivision containing not more than two lots fronting
on an existing street and not involving any new street, road or the
extension of any off-site improvements.
A lot, the area, dimension, location or development of which
was lawful prior to the adoption, revision or amendment of a zoning
ordinance but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
Not located on the property which is the subject of a development
application nor on the closest half of a street or right-of-way abutting
the property.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or on the closest half of a street or right-of-way abutting
the property.
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 developed to commence and maintain proceedings to develop
the same under this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under applicable New Jersey statute, the
Municipal Zoning Ordinance and this chapter.
Any security which may be accepted by a municipality, including
cash, provided that the Borough of Dunellen shall not require more
than 10% of the total performance guaranty in cash or equivalent surety.
The municipal Planning Board of the Borough of Dunellen established
pursuant to applicable New Jersey statute. May be referred to herein
as the "Board".
A map or maps of a subdivision, site plan or variance application.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and/or Zoning Board of
Adjustment and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
Includes public parks, playgrounds, trails, paths and other
recreational areas; other public open space; scenic and historic sites;
and sites for schools and other public buildings and structures.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
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 or 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 does not include conveyances so
as to combine existing lots by deed or other instrument.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, lighting, structures, signs
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans by the Planning
Board and/or Zoning Board of Adjustment adopted pursuant to applicable
New Jersey statute.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Standards adopted by ordinance regulating noise levels, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the municipality or required by applicable federal or
state laws or municipal ordinances.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
and includes 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.
For the purpose of this chapter, "streets" shall be classified as
follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
SECONDARY TRAFFIC STREETSStreets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for inter-municipal and commuter traffic.
CONNECTOR STREETSThose which carry traffic from minor streets to the major systems of arterial streets, including the principal entrance streets of a residential development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
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 chapter if no new streets are created:
divisions of property upon court order; and conveyances so as to combine
existing lots by deed or other instrument. 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 purposes of classifying subdivisions
in accordance with the provisions of applicable New Jersey statutes
and municipal ordinances, and such other duties relating to land subdivision
which may be conferred on this Committee by the Board.
A way for carrying pedestrian traffic and may be located
within the right-of-way provided for a street or may be located adjacent
to a property line, between lots and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
A.
General procedures.
(1)
Sketch plats and preliminary and final site plans, together with
an application, shall be filed with the Zoning Official of the Borough
of Dunellen. At the time of filing the application, the developer
shall pay all fees and submit 14 copies of applications, maps and
other documents as required by this chapter and the Board's rules
and regulations.
(2)
The Board shall review the sketch plat and preliminary or final site
plan application, which are filed, with the assistance of the Borough
Engineer, Zoning Official and Board Attorney to make a determination
as to whether or not the application is complete. If the application
is determined to be complete, the Administrative Officer shall have
the application scheduled for hearing at the next available meeting.
The administrative officer shall notify the developer that the application
is complete and of the date of the hearing. If the application is
incomplete, the applicant shall be notified in writing of the deficiencies
in said application. If the application is complete, the developer
shall file the required number of copies of plans or maps within the
time prescribed by the Board.
(3)
The Board shall adopt rules and regulations setting forth the form
of application and a checklist with the information necessary to be
shown on sketch plats and preliminary final site plans. The requirements
for sketch plats and preliminary site plans set forth in the Board's
rules and regulations shall not be in conflict with this chapter.[1]
[1]
Editor's Note: The Planning Board Completion Checklist was
enacted 12-15-2008 by Ord. No. 08-21. The Checklist is available from
the Borough office.
B.
Minor subdivisions. The Board or designated Subdivision Committee
shall classify the application. If classified as a minor subdivision,
the minor subdivision shall be approved or denied within 45 days of
the date of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure of the Board to act within the period prescribed
may constitute minor subdivision approval, and a certificate of the
administrative officer as to the failure of the Board to act may be
issued on request of the applicant, and it shall be sufficient in
lieu of the written endorsement of other evidence of approval herein
required and may be so accepted by the county recording officer for
purposes of filing subdivision plats.
A.
Preliminary and final subdivision plans, together with an application,
shall be filed with the Zoning Official of the Borough of Dunellen.
At the time of filing the application, the developer shall pay all
fees and submit 14 copies of applications, maps and other documents
as required by this chapter.
B.
The Board shall review the application and preliminary or final subdivision,
which are filed, with the assistance of the Borough Engineer, Zoning
Official and Board Attorney to make a determination as to whether
or not the application is complete. If the application is determined
to be complete, the Administrative Officer shall have the application
scheduled for hearing at the next available meeting. The Administrative
Officer shall notify the developer that the application is complete
and the date of the hearing. If the application is incomplete, the
applicant shall be notified in writing of the deficiencies in said
application. If the application is complete, the developer shall file
the required number of copies of plans or maps within the time prescribed
by the Board.
C.
The Board shall adopt rules and regulations setting forth the form
of application and a checklist with the information necessary to be
shown on sketch plats and preliminary final site plans.
D.
The requirements of preliminary and final subdivision plans set forth
in the Board's rules and regulations shall not be in conflict
with this chapter.
A.
Before consideration of a final subdivision plat or final site plan,
the developer will have installed the improvements required under
municipal ordinance, or the Board shall require the posting of adequate
performance guaranties to assure the installation of the required
improvements. The Board may require up to 10% of the performance guaranties
in the form of cash or other equivalent security, and, further, the
Board may stipulate that a certain number of certificates of occupancy
shall not be issued until all improvements are installed and approved
by the Borough Engineer.
B.
It shall be expressly understood that, notwithstanding the posting
of a performance guaranty for a lot in a major subdivision, no building
permits shall be issued until the final subdivision application has
been approved and duly recorded in accordance with law, and, further,
no occupancy permit shall be issued until a finished road base has
been installed pursuant to Borough specifications and until all other
improvements and conditions as may be required by the Board, this
chapter, the Borough Engineer and the Uniform Construction Code have
been properly complied with and approved. All such improvements shall
be certified, in writing, by the Borough Engineer or other designated
administrative officer prior to the issuance of such certificate of
occupancy.
A.
The final plat shall be submitted to the Construction Official for
final approval within three years from the date of preliminary approval.
The Board shall act upon the completed application for final plat
within 45 days after the date of submission for final approval (or
95 days in the case of a subdivision involving more than 10 lots),
and a certificate of the administrative officer as to the failure
of the Board to act shall be issued on request of the applicant, and
it may be sufficient in lieu of the written endorsement or other evidence
of approval herein required and may be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
B.
Whenever review or approval of the application by the County Board
is required by applicable law, statute, regulations or ordinance,
in the case of a subdivision or a site plan, the municipal Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board in its failure to report
thereon within the required time period.
C.
An applicant shall submit one translucent reproducible Mylar or equivalent
copy, 14 black-on-white prints and 14 copies of the application form
to the Board. Unless the preliminary plat is approved without changes,
the final plat shall have incorporated all changes or modifications
as required by resolution of the Board.
D.
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities or extensions
thereof in exact location and elevation, identifying those portions
already installed and those to be installed, and that the subdivider
has complied with one or both of the following:
F.
The final plat, after final approval, shall be filed by the subdivider
with the County Recording Officer within 95 days from the date of
such approval. If any final plat is not filed within this period,
the approval shall expire. The Board may, for good cause, extend the
period for recording for an additional period not to exceed 190 days
from the date of the signing of the plat.
A.
The Board, when acting upon applications for sketch plats or preliminary
subdivision approval, shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review, 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.
B.
The Board, when acting upon applications for preliminary site plan
approval, shall have the power to grant such exceptions from the requirements
for subdivision approval as may be reasonable and within the general
purpose and intent of the provisions for subdivision review, 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 sketch plat shall be based on a survey of land (prepared
no earlier than two years from the date of the application) prepared
by a New Jersey licensed surveyor at a scale not less than 100 feet
to the inch in order to enable the entire tract to be shown on one
sheet not exceeding 24 inches by 36 inches in size and shall show
or include, in addition to the proposed street layout, the following
information:
A.
A key map showing the general location of the site.
B.
A map drawn at a minimum scale of one inch equals 100 feet.
C.
The location of that portion which is to be subdivided in relation
to the entire tract.
D.
The names and addresses of the applicant and the property owner.
E.
The Tax Map sheet, block and lot number.
F.
Zoning boundaries and a schedule indicating required bulk regulations
and requested variances.
G.
The title and date of the plan, revision box and North arrow.
H.
All existing structures, topography and wooded areas within the portion
to be subdivided and within 200 feet thereof.
I.
The names of the owners and lot and block numbers of all property
located within a 200-foot radius of the site.
J.
New Jersey license number of the land surveyor preparing the plat.
K.
Flood hazard boundaries affecting the tract.
L.
A stockholder's certificate, if applicable.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor. All engineering details shown on the plat shall be certified and sealed by a New Jersey licensed engineer. The plat shall be designed in compliance with the provision of § 115A-19 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 within 1,000 feet and zone boundaries.
B.
A map drawn at a minimum scale of one inch equals 100 feet.
C.
The tract name; Tax Map sheet, block and lot number; date; North
arrow; graphic scale; and the following names and addresses:
(1)
The name and address of the record owner or owners.
(2)
The name and address of the applicant.
(3)
The name, address, New Jersey license number, seal and signature
of the person who prepared the map.
(4)
The names of the owners and the lot and block numbers of properties
within 200 feet of the extreme limits of the subdivision.
D.
Acreage of the tract to be subdivided, to the nearest 1/10 of an
acre.
E.
Zoning boundaries and a schedule indicating required bulk regulations
and requested variances.
F.
Sufficient elevations and contours, drawn at one-foot vertical intervals
for slopes averaging 10% or less and at five-foot intervals for land
of greater slopes, to determine the general slope and natural drainage
of the land and the high and low points.
G.
The proposed street system and right-of-way for pedestrian traffic.
Elevations at important points on the street system, such as street
intersections, high and low points, etc., shall be indicated. Plans
and profiles of existing conditions a minimum distance of 200 feet
beyond the subdivision boundaries.
H.
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, sewers drainpipes and
any natural features, such as wooded areas and rock formations.
I.
Plans for proposed utility layouts (water, gas, cable, telephone
and electricity), showing feasible connections to existing or any
proposed utility system.
J.
Plans and profiles of all proposed and existing sanitary sewers,
storm drains, drainage ditches and streams within the subdivision,
together with the locations, size, elevations, grades and capacities
of any existing sanitary sewer, storm drain, drain, drainage ditch
or stream to which the proposed facility shall be connected. The plat
shall show flood hazard boundaries.
K.
When the development of the subdivision or improvements within the
subdivision are contingent upon information outside the boundaries
of said subdivision, such information shall be supplied by the subdivider.
L.
The proposed stormwater retention or detention facilities.
M.
A copy of the deed and any protective covenants or deed restrictions
applying to the land being subdivided.
N.
The proposed landscaping and lighting, including intensity patterns.
O.
A signature block for required approvals.
P.
A stockholders certificate, if applicable.
Q.
A tax affidavit.
The final plat shall be drawn in ink or tracing cloth on Mylar
at a scale of not less than one inch equals 100 feet and shall be
in compliance with all applicable provisions of Chapter 358 of the
Laws of 1953 and N.J.S.A. 46:23-9.9 et seq.[1] The final plat shall show or be accompanied by the following:
A.
Date, name and location of the subdivision; name of the owner; graphic
scale; and North arrow.
B.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions,
bearing or deflection angles and radii, area and central angles of
all curves.
C.
The purpose and location of any easement or land reserved or dedicated
to public use and the proposed use of sites other than residential.
D.
Each block and lot(s) within each block shall be numbered as assigned
by the Borough Tax Assessor.
E.
Minimum building setback lines on all lots and other sites.
F.
Location of all existing and proposed monuments.
G.
Block and lot numbers of adjoining lots and name(s) of owner(s).
H.
Certification by the surveyor as to the accuracy of the details of
the plat.
I.
Certification that the applicant is agent or owner of the land or
that the owner has given consent under an option agreement.
J.
Certification of approval by any officer or body of a municipality,
county or state when such approval is required.
K.
Final cross-sections and profiles of streets, curbs or gutters if
changed from preliminary plat approval or required by the Borough
Engineer.
L.
Plans and profiles of storm and sanitary sewers and water mains and
cross-sections of manholes, catch basins and other appurtenances approved
by the Borough Engineer.
M.
Plans and profiles of all streams, ditches and watercourses, where
applicable.
N.
A certificate from the Tax Collector that all taxes are paid to date.
[1]
Editor's Note: The Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,
was repealed by P.L. 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
A site plan, as herein required, shall be submitted in 12 copies
to the Construction Official. The preliminary and final site plans
shall be drawn, show or be accompanied by the following:
A.
A minimum scale of 50 feet to the inch, except where otherwise authorized
by the Board. All distances shall be in feet and decimals of a foot,
and all bearings shall be given to the nearest 10 seconds.
B.
The names of all owners of record of all adjacent properties and
any property directly across from any official street and the block
and parcel number of the property and a key map showing general location
of the site to adjacent properties.
C.
Existing zoning district boundaries, boundaries of the property,
setback lines and lines of existing streets, lots, reservations, easements
and areas dedicated to public use, where applicable.
D.
A copy of the deed and any covenants or deed restrictions that exist
or are intended to cover all or any part of the tract.
E.
Location of existing buildings and all other physical structures,
such as walls, fences, culverts, bridges and roadways, with spot elevations
of such features. The outline of such structures shall be indicated
by a dashed line.
F.
Location of all sanitary and storm drainage structures and utility
lines, whether existing or proposed, publicly or privately owned.
G.
Existing and proposed contours with intervals of one foot where slopes
are 10% or less and five feet where slopes are more than 10%, referred
to a datum as required by the Borough Engineer. Control elevations
shall be shown.
H.
Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas and other significant existing features,
including flood hazard boundaries.
I.
Title, date, North arrow, scale, name and address of record owner
and name, address and New Jersey professional license number and seal
of the engineer, architect or land surveyor preparing the site development
plan, to appear in a box at the lower right-hand corner of the site
plan which shall contain the date of revisions.
J.
A survey prepared by a surveyor licensed in the State of New Jersey,
which survey shall show the boundaries of the parcel and the limits
of all proposed streets, easements and any other property to be dedicated
to public use, and all existing and proposed monuments.
K.
The proposed use or uses of land and buildings and existing and proposed
location of buildings and elevations of all proposed buildings.
L.
All proposed means of vehicular access and egress to and from the
site onto public streets, showing the location and dimension of driveways
and curb cuts.
M.
The location and design of any off-street parking areas or loading
areas, showing size and location of bays, aisles and barriers.
N.
The location of all proposed waterlines, valves and hydrants and
of all sewer lines or alternative means of water supply or sewerage
disposal and treatment in conformance with the applicable standards
of the Borough and the New Jersey Department of Environmental Protection
(NJDEP).
O.
The proposed location, direction of illumination, type and shielding
of proposed outdoor lighting.
P.
All proposed landscaping, including a planting plan, showing type,
size and quantity of proposed plantings.
A.
Street signs. Approved street signs shall be installed at all street
intersections by the applicant, if applicable, in accordance with
the Borough specifications.
B.
Walkways. The subdivider or developer shall construct, on one side
of each lot, a walkway four feet in width and located no less than
one foot from the side line of the roadway but within the right-of-way.
The developer shall construct, on one side of each street, a walkway
four feet in width and constructed in accordance with standard Borough
specifications. Sidewalks or additional walkways shall be required
in residential, business or industrial areas as determined on an individual
basis with a purpose that same be in conformity with the surrounding
properties.
C.
Topsoil protection. Topsoil removal shall be in accordance with the
requirements of the Borough Engineer.
D.
Monuments. Monuments of the size and shape required by Section 4
of Chapter 358 of the Laws of 1953, as amended, shall be placed in
accordance with said statute, as amended (see N.J.S.A. 46:23-9.9 et
seq.[1]), or as may be required by the Board.
[1]
Editor's Note: The Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,
was repealed by P.L. 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
E.
Drainage. Drainage shall be provided so that surface water will not
flow either over private property, unless the course of the natural
drainage by an existing ditch is indicated, or over a street so as
to erode same. The method of disposal of surface waters must be satisfactory
in the opinion of the Borough Engineer. In the case of a major subdivision,
the drainage plan for the entire subdivision, including the street
or streets, must be submitted with the preliminary plans at the time
of the request for preliminary approval by the Board. There must be
sufficient drainage to intercept any water seepage so as to overcome
unfavorable subgrade underground service connections, and same are
to be completed before the placing of any pavement construction material.
All driveways from house to street shall be constructed in such a
manner as not to interfere with the flow of water in the road or drainage
ditches along the public road and so as not to direct water to adjoining
properties. Stormwater drainage calculations shall accompany drainage
plans. Storm drainage facilities shall generally be designed in accordance
with the following standards:
F.
New roads. In all subdivisions, the subdivider shall construct a
paved roadway 30 feet wide or larger as required by the Board. Specifications
for new roads shall be as described below. However, modifications
based on soil conditions may be required or permitted to either increase
or decrease pavement thickness due to engineering evaluation. In instances
where the site plan and/or subdivision is located on a county road,
the road should be improved and/or constructed to the standards set
forth in the Middlesex County Land Subdivision and/or site plan resolutions
or as required by the County Planning Board.
G.
Curbing. Every residential street shall have integral concrete curb
and gutter or Belgian block curb where prevailing. The curbing shall
be a minimum of six inches thick and the gutter portion thereof shall
be a minimum of six inches thick and 24 inches wide. Composition of
the concrete material shall be Class A concrete defined in the standards
set forth in accordance with the New Jersey State Highway Department
Standard Specifications, 1962. All aprons shall be constructed in
accordance with the Borough standards.
H.
Existing roads. No street or road already constructed shall be accepted
by the Borough of Dunellen unless the Borough Engineer first certifies
that such street or road is in such condition as to substantially
comply with the standards prescribed for new streets or roads or until
the owner or owners thereof shall have improved such street or road
in accordance with the Borough Engineer.
I.
Streetlighting. Streetlighting shall be as required by the local
ordinance or the Board.
J.
Sanitary sewer. Sanitary sewer shall be installed in areas which
are accessible to a public sewer system and shall be installed in
accordance with specifications approved by the Borough Engineer. If
a public sewer system is not accessible, a sewage disposal system
shall be installed in accordance with the requirements of the State
Department of Health and subject to the approval of the Borough Engineer
and the Borough of Dunellen Board of Health.
K.
Utilities. The subdivider shall request the servicing utilities to
install its distribution supply lines, services and streetlighting
supply facilities underground in accordance with its specifications
and with the provisions of the applicable standard terms and conditions
incorporated as a part of its tariff, as the same are then on file
with the State of New Jersey Board of Public Utility Commissioners,
and shall submit to the Board a written instrument from each utility
which shall evidence its disposition of the request. If approved by
the utility, the subdivider or developer shall, if so directed by
the Board, arrange with the utility for such underground installation;
provided, however, that lots which, in such subdivisions, abut existing
streets where overhead electric or telephone distribution supply lines
have heretofore been installed on any portion of the street involved
may be supplied with electric and telephone service from those overhead
lines or extensions thereof, but the service connections from the
utilities' overhead lines may be installed underground.
L.
Earth removal. No change shall be made in the elevation or contour
of any lot or site by removal of earth to another site except when
approved by the Borough Engineer. All changes in elevation and contours
approved by the Borough Engineer shall be shown on the preliminary
plat and profiles.
M.
Shade trees.
(1)
Where required by the Board, two new shade trees shall be installed
on the owner's property so as not to interfere with utilities,
roadways or walkways and sidewalks. Trees shall be two inches or more
in caliper, 12 feet or more in height and shall include, but not be
limited to, the following types: silver linden; European linden; sweet
gum; white ash; Norway, red, crimson, king or sugar maple; and red,
pin, black or scarlet oak. All plant material must be certified to
be nursery-grown stock or the equivalent and not collected material.
Shade trees shall not be required if two or more equivalent trees
exist and are to remain in the front-yard area.
(2)
All tree removal, replacement and planting shall first be submitted
to the Shade Tree Commission in the form of a plan or report, and
the Shade Tree Commission shall issue the Board its findings and recommendations,
if such Commission is then in existence.
A.
General provisions.
(1)
Scope of provisions. Off-street parking, unloading and service
requirements of this section shall apply and govern in all present
and future zoning districts within the Borough. Except as provided
in this section, no application for a building permit shall be approved
unless there is included with the plan for such building, improvement
or use a site plan showing the required space reserved for off-street
parking, unloading and service purposes. An occupancy permit shall
not be given unless the required off-street parking, unloading and
service facilities have been provided in accordance with those shown
on the approved plan.
(2)
Duty to provide and maintain off-street parking and loading.
No land shall be used or occupied; no structure shall be designed,
created, altered, used or occupied; and no use shall be operated unless
off-street parking and loading facilities are provided in at least
the amount and maintained in the manner required by this section;
provided, however, that any use in operation on the effective date
of these regulations is not affected by the provisions of this section
until such time as the existing gross floor area is increased, or
the use intensified.
(3)
Recreational vehicles.
(a)
Any motorized recreational vehicles exceeding a manufacturer's
gross vehicle weight of 11,000 pounds shall be parked in the required
space reserved for off-street parking in all zones. Said vehicles
must be registered in the name of a legal occupant of the premises
where it is stored.
(b)
Trailered recreational vehicles shall be stored in a private
garage or in the rear yard, provided that said rear yard is accessible.
In cases where the rear yard is not accessible or a private garage
does not exist, trailered recreation vehicles shall be stored in the
side yard of the premises or in the required space for off-street
parking and shall be shielded from view from all off-site areas.
(4)
Commercial vehicles. Trucks, trailers, trailers and semitrailers,
excluding recreation vehicles, exceeding manufacturer's gross
vehicle weight of 11,000 pounds shall not be parked in any residential
zone at any time on any lot or on the street adjoining the same unless
delivering merchandise or providing services to the public.
B.
Plan and design standards.
(1)
Required size of spaces and access.
(a)
Employee off-street parking spaces. Each parking space shall
not be less than nine feet wide nor less than 18 feet deep. Employee
parking spaces shall not be intermixed with other spaces. Employee
parking must be located in separated and designated parking-bay areas.
(b)
All other off-street parking spaces. Each space shall be not
less than 10 feet wide nor less than 19 feet deep.
(c)
All parking spaces shall connect to an on-site driveway.
(2)
Provision for proper drainage and maintenance. All off-street
parking, off-street loading and service facilities shall be so drained
as to prevent damage to abutting properties or public streets and
shall be paved and constructed of materials which will ensure a surface
resistant to erosion. Such drainage and materials shall be installed
as approved by the Borough Engineer. All such areas shall at all times
be maintained at the expense of the owners thereof in a clean, orderly
and dust-free condition.
(3)
Separation from walkways and streets. All off-street parking,
off-street loading and service areas shall be separated by walkways,
sidewalks, streets or alleys by curbing or other protective device.
(4)
Private walks adjacent to business buildings. A private walk,
if provided, adjacent to a building shall not be less than four feet
in width and shall be in addition to the other requirements of this
section.
(5)
Screen required when adjoining property is residential. Where
off-street parking, loading or service areas are proposed to be located
closer than 50 feet to a lot in any residential zoning district or
to any lot in any residential zoning district or to any lot upon which
there exits a dwelling as a permitted use under these regulations,
except where a state or federal highway coincides or is located between
the lot line and the residential district, and where such parking,
loading or service areas are not entirely screened visually from such
lot by an intervening building or structure, there shall be provided
along the lot line a continuous screen in accordance with applicable
buffer and transition requirements set forth in this chapter. No such
screen shall extend nearer to a street right-of-way line than the
established building line of the adjoining residential lot, and no
screen shall be required along the line of a public street.
(6)
Interior driveway. Interior driveways shall be at least 24 feet
wide where used with ninety-degree-angle parking, at least 20 feet
wide where used with sixty-degree-angle parking and at least 15 feet
wide where used with forty-five-degree-angle parking. Where used with
parallel parking or where there is no parking, interior driveways
shall be at least 12 feet wide for one-way traffic movement and at
least 22 feet wide for two-way traffic movement.
(7)
Connection to a public right-of-way. Each off-street parking,
loading or service area shall be connected to a public street right-of-way
by means of a driveway constructed in accordance with at least the
minimum standards required by the Engineer.
(8)
Size of driveways. A driveway, exclusive of curb return radii,
shall be not less than 12 feet nor more than 24 feet in width.
(9)
Location of curb cuts. At the intersection of streets, except
lanes and alleys, a curb cut shall be set back not less than 25 feet
from the intersection of two curblines or such lines extended and
shall be set back not less than five feet from the intersection of
two property lines or such lines extended. Between the curb returns
for any two driveways serving the same property, there shall be at
least 25 feet of curb, except that this distance may be reduced to
as little as five feet where it is demonstrated that restricted frontage
makes this necessary in order to provide not more than two adequate
driveways for the property.
(10)
Off-street parking space within building. Garage space or space
within a building, in basements or on the roofs of buildings may be
used to meet the off-street parking requirements of this chapter,
provided that each space is designated to serve as an off-street parking
space.
(11)
Pavement markings and signs. Each off-street parking space shall
be clearly marked, and pavement directional arrows or signs shall
be provided wherever necessary. Markers, directional arrows and signs
shall be properly maintained so as to ensure their maximum efficiency.
(12)
Lighting for night use. Adequate lighting shall be provided
if the off-street parking facilities are used at night. If the parking
facilities abut residential land, the lighting shall be arranged and
installed so as not to reflect or cause glare on the abutting residential
land, in accordance with the provisions of performance standards.
(a)
Lighting. A minimum of 0.25 of a footcandle shall be provided
for all nonresidential off-street parking facilities.
(b)
A minimum of one footcandle shall be provided at driveways and
driveway internal intersections.
(c)
The lighting of parking facilities that abut residential land
shall be arranged and installed so as not to reflect or cause glare
on the abutting residential land, in accordance with provisions of
performance standards.
(d)
Unshielded spotlight or flood light fixtures attached to buildings
are prohibited.
(e)
Freestanding lights shall not exceed 25 feet in height.
(13)
Required off-street parking area shall not be reduced. No off-street
parking area shall be reduced in size or encroached upon by any building,
vehicle storage, loading or unloading or any other use where such
reduction or encroachment will reduce the off-street parking and loading
spaces below that required by these regulations.
(14)
Joint parking facilities. The off-street parking requirements
for two or more nonresidential neighboring uses of the same or different
types located on the same lot or on contiguous lots and within the
same zoning district may be satisfied by the allocation of the required
number of spaces for each use in a common parking facility, provided
that the number of off-street parking spaces is not less than the
sum of individual requirements, and provided that there is compliance
with all other provisions of these regulations.
(15)
Parking provided on same lot as main building. Off-street parking
spaces for one-family, two-family and multifamily dwellings shall
be provided on the same lot as the main building. Off-street parking
spaces for all other uses shall be provided on the same lot as the
main building to be served by such parking, unless otherwise provided
for herein.
(16)
Requirements for combined uses. The number of off-street parking
spaces required by land or buildings used for two or more purposes
shall be the sum of the requirements for the various individual uses.
(17)
Sharing of parking facilities. Off-street parking facilities
for one use shall not be considered as providing the required facilities
for any other use, provided that 1/2 of the off-street parking space
required by any use whose peak attendance will be at night or on Sundays,
such as churches, theaters and assembly halls, may be assigned to
a use which will be closed at night or on Sundays.
(18)
Computing number of employees. For the purpose of this subsection,
the number of employees shall be computed on the basis of the maximum
number of persons to be employed, taking into consideration day, night
and seasonal variations.
(19)
Fractional spaces required. When units of measurement determining
the number of required off-street parking spaces and off-street loading
spaces result in the requirement of a fractional space, any fraction
up to and including 1/2 shall be disregarded and any fraction over
1/2 shall require one off-street parking or loading space.
(20)
Off-street parking and loading space within required setback.
No required off-street parking and loading space, including maneuvering
areas for such off-street parking and loading space, shall be established
between the front property line and the front yard setback line in
the Borough's Industrial District.
(21)
Other use of off-street parking spaces prohibited. No off-street
parking or loading area shall be used for the sale, repair, dismantling
or servicing of any vehicle, equipment, materials or supplies.
(22)
Size of loading berth.
(a)
A loading berth shall be at least 12 feet wide with at least
15 feet of overhead clearance. The length of the loading berth shall
be at least 48 feet or shall be a length such that the horizontal
distance from the front of a dock for back-in parking to the limit
boundary of the loading and unloading area shall be not less than
twice the overall length of the longest vehicle expected to use the
facility.
(b)
A loading space need not be necessarily a full berth but shall
have a minimum plan dimension of at least 10 feet overhead clearance.
(23)
Paving.
(a)
Areas of ingress and egress, loading and access aisles, and
other areas subject to interior driveways or heavy traffic will be
paved with not less than four inches of compacted bituminous stabilized
base and a minimum of two-inch thick bituminous surface course, FABC.
(b)
Parking areas and other areas subject to light traffic shall
be paved with not less than three inches of compacted bituminous stabilized
base and a minimum of two inches of thick compacted bituminous surface
course, FABC.
(c)
Where subbase conditions are wet, springy, or not of a nature
where it can be considered firm and unyielding, these areas shall
be excavated to a depth below proposed subgrade elevations and filled
with a suitable subbase material as may be determined by the Borough
Engineer.
(d)
All off-street parking and driveways shall be set back a minimum
of two feet from any property line.
(24)
Curbing. All off-street parking areas and driveways in nonresidential
districts shall have concrete or granite block curbing. The curbing
shall be a minimum of six inches in height, as approved by the Borough
Engineer.
C.
Minimum space requirements for off-street parking areas.
(1)
Automobile and gasoline service stations: at least one space
for each gasoline pump, grease rack or similar service area.
(2)
Automobile repair and service stations: at least one space for
each gasoline pump, grease rack or similar service area and one additional
space for each 500 square feet of gross floor area of the shop or
garage.
(3)
Automobile sales establishments; flower or plant nurseries and
landscape gardeners' businesses: at least one space for every
1,000 square feet of the building area used for such purposes.
(4)
Bowling establishments: at least four spaces for each bowling
lane. If additional facilities, such as a bar or restaurant are provided,
additional parking spaces shall be provided in accordance with the
requirements for similar uses set forth in this section.
(5)
Churches, synagogues or other places of worship: at least one
space for each three seats.
(6)
Commercial, retail or personal service establishments, unless
otherwise specified hereinafter: at least one space for each 200 square
feet of gross first floor area, plus one additional space for each
300 square feet of additional gross floor area. Floor area shall not
include areas used solely for storage which are not accessible to
the public.
(7)
Educational institutions, public or private: at least one space
for each two employees, including teachers and administration, sufficient
off-street spaces for the safe and convenient loading and unloading
of students and additional facilities for student parking, taking
into consideration the total number of students driving automobiles.
The requirements for stadium, gymnasium and auditorium use shall be
in addition to the above requirements.
(8)
Eleemosynary or philanthropic institutions: at least one space for each two employees, plus such additional facilities for residents and visitors as shall be deemed necessary in accordance with the provisions of § 115A-6.
(9)
Professional home offices: at least one parking space in addition
to the requirement for the dwelling unit, plus one additional space
for any full-time employee, where permitted, except that, in the case
of doctors and dentists, three parking spaces in addition to the requirement
for the dwelling unit, plus one space for any full-time employee,
shall be required.
(10)
Hotel-motel: one space for each sleeping room.
(11)
Industrial or manufacturing establishment or warehouses: at
least one space for each two plant employees and one space for each
800 square feet of floor area, except that the Board may waive the
construction of up to 50% of the required number of spaces, provided
that an area equal to the amount of off-street parking area waived
by the Board is reserved and so delineated on a site plan as off-street
parking area.
(12)
Medical or dental practitioner's offices: each office shall
provide at least five spaces for each professional person occupying
or using each office, plus an additional space for each employee.
(13)
Mortuaries or funeral homes: at least one parking space for
each four seats in the chapel, one additional space for each residential
family and one additional space for each funeral vehicle.
(14)
Motels, auto courts, motor lodges and tourist courts: at least
one space for each guest or sleeping room.
(15)
Multifamily dwellings: 1.75 spaces per dwelling unit.
(16)
Office buildings, professional buildings or similar uses: at
least one space for each 300 square feet of floor area, exclusive
of utility rooms, stairwells and corridors and other common areas.
(17)
One- or two-family detached dwellings: at least two spaces per
dwelling unit. A driveway shall be calculated as providing two off-street
parking spaces, provided that the same has a surface area of 400 square
feet or greater.
(18)
Private clubs: at least one space for 150 square feet of gross
floor area.
(19)
Restaurants or similar places dispensing food, drink or refreshments:
at least one space for each three seats provided for patron use or
one space for each 75 square feet of building floor area, excluding
kitchen and utility room(s), whichever is the greater and one space
for each employee.
(20)
Shopping centers: at least 6.5 spaces for each 1,000 square
feet of floor area or fraction thereof for shopping centers having
a gross floor area of less than 200,000 square feet. In shopping centers
containing more than 200,000 square feet of gross floor area, 5.5
spaces for each 1,000 square feet of floor area or fraction thereof
shall be required.
(21)
Swimming pools or natural bathing places operated for profit:
at least one space for each four persons within the recommended or
legal capacity prescribed under applicable state and local laws, ordinances
or resolutions, and one space for each employee.
(22)
Theaters: at least one space for each four seats.
(23)
Tennis courts: four spaces per court, plus one space for each
200 square feet of floor area used for lounge or restaurant service.
(24)
Neighborhood convenience centers: at least four spaces for each
1,000 square feet of gross floor area.
(25)
Bars and nightclubs: at least one square foot of parking space
for every square foot of floor space devoted to said use.
(26)
Warehouse: at least one space for each 5,000 square feet of
gross floor area.
D.
Minimum requirements for off-street loading space for industrial
and wholesale operations with gross floor areas of 10,000 square feet
or over are as follows:
|
Greater Floor Area
(square feet)
|
Required Spaces
|
|---|---|
|
10,000 to 40,000
|
1
|
|
40,001 to 100,000
|
2
|
|
100,001 to 160,000
|
3
|
|
160,001 to 240,000
|
4
|
|
Each 100,000 above 240,000
|
1
|
Additional improvements and guaranties prior to final approval
where off-tract improvements are required shall be as follows:
A.
Where the need for off-tract improvements of the type described in § 115A-14 of this chapter is, in whole or in part, made necessary by the application of the subdivider or developer and the installation of the improvement would confer a benefit upon the subdivision, a determination of the contribution of the developer for said off-tract improvement shall be made in accordance with the provisions as hereinafter set forth, and the performance of the work or the posting of adequate performance guaranties to ensure installation of the required off-tract improvement or improvements shall be made by the developer.
B.
Where the Board has determined by resolution the necessity of an
off-tract improvement, it shall forward its recommendation, together
with the estimated cost of the off-tract improvement, to the governing
body of the Borough of Dunellen. Said estimated cost of the off-tract
improvement shall set forth an estimate by which all properties to
be serviced thereby, including the developer's property, shall
be benefited thereby.
C.
Upon receipt of the recommendation and report of the Board, the governing
body shall, within 30 days from the date of receipt thereof, make
a determination as follows:
(1)
That the recommended off-tract improvement should not be required
of the developer; or
(2)
If the governing body, by resolution, concurs with the recommendation
of the Board in whole or in part, it shall notify the Board of its
recommendation, and the Board shall then, with the aid of the Borough
Engineer or such other persons who have pertinent information or expertise,
calculate the cost of the improvement and the amount by which all
properties to be serviced thereby, including the subdivider's
or developer's property, will be specifically benefited therefrom.
D.
Manner of construction. Upon completion of the Board studies with
respect to the cost of the improvement and special benefits to be
conferred, these reports shall be forwarded to the governing body,
and a determination shall be made by the governing body as to whether
the off-tract improvement is to be constructed:
E.
Amount of contribution. When this has been determined, the subdivider
or developer may be required to provide, as a condition for final
approval of the subdivision, a bond or a cash deposit in lieu thereof
to ensure payment to the Borough of one of the following amounts:
(1)
If the improvement is to be constructed by the Borough as a
general improvement, an amount equal to the difference between the
estimated cost of the improvement and the estimated total amount,
if less, by which all properties to be serviced thereby, including
the subdivision property, will be specifically benefited by the off-tract
improvement.
(2)
If the improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in Subsection E(1), the estimated amount by which the subdivision will be specifically benefited by the off-tract improvement.
(3)
If the improvement is to be constructed by the subdivider, an
amount equal to the estimated cost of the off-tract improvement, less
an offset for benefits to properties other than the subdivision.
F.
Determination of special benefits. In determining benefits conferred
on properties specially benefited by an off-tract improvement, the
following formula shall be used, subject to adjustment for peculiar
or exceptional conditions:
(1)
The subdivision shall be allocated that percentage of 100 computed
by dividing the subdivision land area by the total land area benefited
by the off-tract improvement.
(2)
The subdivision shall be allotted that percentage of 100 computed
by dividing the maximum potential intensity of use of the subdivision,
total square feet of building floor area, by the maximum potential
intensity of use under existing zoning limitations in the total land
area benefited by the off-tract improvement.
(3)
In the case of linear improvements, i.e., roads, curbing, sidewalks,
pipes, drains, sewers, drainage easements, etc., the subdivision shall
be allotted that percentage of 100 computed by dividing the distance,
measured along the course of the off-tract improvement, from the connecting
facility to the farthest abutting point of the subdivision by the
sum of the distance of all intervening properties, including the subdivision,
abutting the off-tract improvement similarly measured.
(4)
The sum of Subsection F(1), (2) and (3), if applicable, shall be divided by two, or three if Subsection F(3) is included, to arrive at the percentage which, subject to discretionary adjustment as above stated, shall be the percentage of the total cost of the off-tract improvement which shall be apportioned to the subdivider.
G.
The requirement of appropriate off-tract improvements and the apportionment
of the cost of a portion thereof to the subdivider shall, where applicable,
be a condition of either preliminary (tentative) approval or final
approval of the major subdivision or a condition of classification
as a minor subdivision. If not imposed as a condition of preliminary
approval, such off-tract improvements and the apportionment of the
cost thereof shall be considered Improvements under the terms of this
chapter and may be imposed at the time of final approval.
H.
Payment of allocated cost.
(1)
The estimated cost of the off-tract improvement allocated to
the subdivider, if deposited in cash, shall be paid by the subdivider
to the Borough Treasurer, who shall provide a suitable depository
therefor, and such funds shall be used only for the off-tract improvements
serving the same purpose. If such improvements are not initiated by
the Borough within a period of 10 years from the date of payment,
then funds so deposited shall be returned, together with accumulated
interest or other income thereon, if any.
(2)
In the event that the payment by the subdivider to the Borough
Treasurer provided for herein is less than its share of the actual
cost of the off-tract improvement, then the subdivider shall be required
to pay its additional share of the cost thereof within 10 days of
receipt of notice to do so.
(3)
In the event that the payment by a subdivider to the Borough
Treasurer provided for above is more than its appropriate share of
the actual cost of installation of the off-tract improvements, the
subdivider shall be repaid an amount equal to the difference between
the deposit and its share of the actual cost.
(4)
Before apportioning the cost of off-tract improvements to a
subdivider, the Board shall notify and afford the subdivider an opportunity
to be heard thereon at a public meeting. If the subdivider shall deem
that any of the amounts so estimated by the Board are unreasonable,
the subdivider may challenge them and seek to have them revised in
appropriate proceedings brought to compel subdivision approval.
(5)
If the subdivider and the Borough cannot agree with respect
to the subdivider's appropriate share of the actual cost of the
off-tract improvement or the determination made by the officer or
Board charged with the duty of making assessments as to special benefits
if the off-tract improvement is constructed as a local improvement,
the dispute shall be decided in an appropriate judicial proceeding.
I.
Assessment of properties. Upon receipt from the subdivider of its
allocated share of the costs of the off-tract improvements, the Borough
may adopt a local improvement assessment ordinance for the purpose
of construction and installation of the off-tract improvements based
upon the actual cost thereof. Any portion of the cost of the improvements
not defrayed by a subdivider may be assessed against benefitted property
owners by the Borough. Any assessment for benefits conferred made
against the subdivider or its successors in interest shall be first
offset by a pro rata share credit of the allocated costs previously
deposited with the Borough Treasurer pertaining thereto. The subdivider,
or his successors in interest, shall not be liable for any part of
an assessment for such improvements unless the assessment exceeds
its pro rata share credit for its deposit and then only to the extent
of the deficiency.
J.
Credit for work performed. In the event that the subdivider installs
and constructs an off-tract improvement on any portion thereof, which
improvement is accepted by the Borough, then the cost, as submitted
by the assessment commission and certified by the Mayor and Council,
shall be treated as a credit against any future assessment for that
particular off-tract improvement or portion thereof constructed by
the Borough in the same manner as if the subdivider had deposited
its apportioned cost with the Borough Treasurer as provided herein.
K.
Installation of improvements by applicant.
(1)
At the discretion and option of the Borough, the Borough may
enter into a contract with the subdivider providing for the installation
and construction of the off-tract improvements by the subdivider upon
contribution by the Borough of the remaining unallocated portion of
the cost of the off-tract improvement.
(2)
In the event that the Borough so elected to contribute to the
cost and expense of installation of the off-tract improvements by
the subdivider, the portion contributed by the Borough shall be subject
to possible certification and assessment as a local improvement against
benefiting property owners in the manner provided by law, if applicable.
L.
Design standards. Should the subdivider and the Borough enter into
a contract for the construction and erection of the off-tract improvements
to be done by the subdivider, the subdivider shall observe all requirements
and principles of the Land Subdivision Ordinance and other ordinances
in the design of such improvements.
A.
All construction stakes and grades shall be set by a professional
engineer or land surveyor in the employ of the developer or his contractor,
and a duplicate copy of the notes made therefrom shall be filed with
the Borough Engineer.
B.
No construction work shall commence without the Borough Engineer
being properly notified. Such notice shall be given at least one week
before the commencement of work.
A.
Prior to granting approval of the final plat for a site plan or subdivision,
the developer shall have installed or shall have furnished performance
guaranties as provided for in N.J.S.A. 40:55D-53 for the ultimate
installation of the improvements hereinbefore required. Such performance
guaranty shall run for a period to be fixed by the Board but in no
case for a term of more than two years. However, with the consent
of the owner and the surety, if there is one, the governing body may,
by resolution, extend the term of such performance guaranty for an
additional period, not to exceed three years. The amount of the performance
guaranty may be reduced by the governing body by resolution when portions
of the required improvements have been installed.
B.
No final plat shall be approved by the Board until the completion
of all such required improvements has been certified to the Board
by the Borough Engineer, unless the subdivision owner shall have filed
with the Borough of Dunellen a performance guaranty sufficient in
amount to cover the cost of all such improvements or uncompleted portions
thereto as estimated by the Borough Engineer, and insuring the installation
of such uncompleted improvements on or before an agreed date. Such
performance bond or surety company bond shall be approved by the Board
and to be returnable to the subdivider after full compliance, or any
other type of surety approved by the Board.
C.
When all of the required improvements have been completed, the obligor
shall notify the governing body, in writing, by certified mail and
addressed in care of the Municipal Clerk, of the completion of said
improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon, the Municipal Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
D.
The governing body shall either approve, partially approve or reject
the improvements on the basis of the report of the Municipal Engineer
and shall notify the obligor, in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto, not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guaranty, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved. Failure of the governing body to send or provide such
notification to the obligor within 65 days shall be deemed to constitute
approval of the improvements, and the obligor and surety, if any,
shall be released from all liability pursuant to such performance
guaranty. If the required improvements have not been installed in
accordance with the performance guaranty, the obligor and surety shall
be liable thereon to the Borough of Dunellen for the reasonable cost
of the improvements not installed and, upon the receipt of the proceeds
of the performance guaranty, the Borough of Dunellen shall install
such improvements.
E.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
F.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the Municipal Engineer.
G.
Upon completion and approval of a section of improvements, but prior
to acceptance of same by the Borough, the developer shall be required
to file a maintenance bond sufficient in amount to guarantee that
the completed improvements will be maintained by the developer until
completion of improvements in the remaining portions or sections of
the subdivision and for a stated period of time thereafter not to
exceed two years from the date of completion of all improvements.
The amount of the maintenance bond shall be 15% of the amount of the
performance bond and it shall be approved by the Borough Attorney
as to form, sufficiency and execution.
The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
Where either or both an Official Map and a Master Plan has or have
been adopted, the subdivision shall conform to the proposals and conditions
shown thereon. The streets, drainage, rights-of-way, school sites,
public parks and playgrounds shown on an officially adopted Master
Plan or Official Map shall be considered in connection with the approval
of subdivision plats. Where no Master Plan or Official Map exists,
streets and drainage rights-of-way shall be shown on the final plat
in accordance with N.J.S.A. 40:55D-41 and shall be such as to lend
themselves to the harmonious development of the municipality and to
enhance the public welfare in accordance with the following design
standards:
A.
The arrangement of streets not shown on the Master Plan shall be
such as to provide for the appropriate extension of existing streets.
Whenever a cul-de-sac is permitted, the subdivider shall dedicate
a parcel of land 50 feet wide to be used as a future street and running
from the cul-de-sac to any adjoining land not fronting on a street,
as defined in this chapter, whether such adjoining land is owned by
the subdivider or not.
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 Board
may determine appropriate.
D.
E.
No subdivision showing reserve strips controlling access to streets
shall be approved.
F.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan, or the street width
requirements of this chapter, shall dedicate additional width along
either one or both sides of said road. If the subdivision is along
one side only, 1/2 of the required extra width shall be dedicated.
G.
Street grades. Grades of through and main traffic streets shall not
exceed 10% except under special conditions which may be approved by
the Planning Board. No street shall have a minimum grade of less than
1/2 of 1%.
H.
Street intersections shall be laid out as nearly at right angles
as 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.
A tangent of at least 100 feet long shall be introduced between reverse
curves.
J.
When connecting street lines deflect each other, they shall be connected
by a curve extending one center line to the other. Radii for minor
streets shall be a minimum of 125 feet on the center line. Radii for
all other streets shall be designed in accordance with the American
Association of State Highway Officials or other accepted traffic engineering
standards.
K.
All changes in grade shall be connected by vertical curves of sufficient
radii to provide a smooth transition and proper distance.
L.
Connecting streets shall be planned wherever possible. Dead-end streets,
where planned, shall not be longer than 600 feet, except where unusual
circumstances require granting additional footage at the direction
of the Board, and shall provide a turnaround at the end with a radius
of not less than 50 feet and tangent wherever 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 provision made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties.
M.
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. All street names shall
be approved by the Board after consultation with other appropriate
agencies.
N.
Existing vegetation. To the greatest extent possible, significant
existing vegetation in good health and condition shall be preserved.
Particular consideration shall be given to preserving any existing
tree greater than four inches in diameter at breast height, as well
as existing stands of trees and tall shrubs and hedgerows along or
near lot lines.
O.
Building location. A building shall be located to front toward and
relate to a public street, both functionally and visually. In a multiple-building
development, buildings located on the interior of a site shall front
towards and relate to one another, both functionally and visually.
To the greater extent possible, the development shall divide proposed
buildings into smaller, individualized groupings, utilizing such features
as courtyards, quadrangles and alleys that encourage pedestrian activity
and incidental social interaction among users. Spatial relationships
between buildings shall be geometrically logical and architecturally
formal. No building shall be oriented to front toward a parking lot.
All buildings shall be located to allow for adequate fire and emergency
access.
P.
Parking lot location. A parking lot shall be located to the rear
of a building and/or the interior of the site where its visual impact
to adjacent properties and the public right-of-way can be minimized,
whenever practical and the circumstances permit.
Q.
Decorative lampposts. The exterior of a site with greater than 100
feet of street frontage shall provide decorative lampposts approximately
10 feet to 12 feet high, spaced at intervals of approximately 40 feet
to 60 feet along or near all street lines and driveways. Walkways
in the interior of a site shall have decorative lampposts approximately
10 feet to 12 feet high, spaced at intervals of approximately 30 feet
to 40 feet. The style, size, color and type of light source of such
lampposts shall be determined by the Board based on existing fixtures
located in other similar type developments in the Borough. Lighting
levels from such fixtures shall be subject to Board approval.
R.
Walkways.
(1)
Lot access. All lots shall have private walkway access to a
public sidewalk in the right-of-way. Such access shall be designed
for the safety, control, efficient movement, convenience and encouragement
of pedestrian traffic into and out of the site and to promote pedestrian
circulation generally within the Borough.
(2)
Materials. The Board may require that paving material(s) will
be architecturally compatible with the style, materials, colors and
details of buildings and other structures on the site, adjacent properties
and public sidewalks and will create a more attractive development
generally. In no instance, however, shall a sidewalk located in a
public right-of-way be permitted to be constructed of asphalt.
S.
Layout. All parking lots and loading areas shall be designed for
the safety, control, efficient movement and convenience of motor vehicles
circulation within a site. Traffic circulation shall be designed to
minimize the use of aisles serving parking areas as access drives.
For nonresidential uses, parking areas with more than 25 spaces shall
have separate entrances and exits, where possible. Trees and/or other
vegetation as required by the Board shall be planted in all landscaped
islands within and surrounding said parking lot.
A.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 115, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
B.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Board. Such walkway shall be
10 feet wide and shall 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.
B.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
C.
Each lot must front upon an approved street.
D.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formation, flood
conditions or similar circumstances, the Board shall require the applicant
to demonstrate utility of lots for use in accordance with acceptable
engineering standards.
A.
In large-scale development, easements along rear 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 municipal departments concerned.
B.
Where a subdivision is traversed by a watercourse, drainage way,
channel or stream, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially with the lines of such
watercourse and such further width or construction, or both, as will
be adequate for the purpose.
C.
Natural features, such as trees, brooks, hilltops and views, shall
be preserved whenever possible in designing any subdivision containing
such features.
A.
If, before favorable referral and final approval has been obtained,
any person transfers or sells or agrees to sell, as owner or agent,
any land which forms a part of a subdivision on which, by ordinance,
the Board and the governing body is required to act, such person shall
be subject to a fine of not less than $500 or imprisonment for not
more than 30 days, or both. Each parcel, plot or lot so disposed of
shall be deemed a separate violation.
B.
In addition to the foregoing, if the streets in the subdivision are
not such that a structure on said land in the subdivision would meet
requirements for a building permit under Section 3 of the Official
Map and Building Permit Act, 1953,[1] the municipality may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside and invalidate any conveyance made pursuant to
such contract for sale if a certificate of compliance has not been
issued in accordance with N.J.S.A. 40:55D-56.
[1]
Editor's Note: For current provisions, see now N.J.S.A. 40:55D-32
et seq.
C.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expense and title-closing
expense, if any. Any such action must be brought within two years
after the date of the recording of the instrument of transfer, sale
or conveyance of said land, or within six years if unrecorded.
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough of Dunellen. Any action
taken by the Board and the governing body under the terms of this
chapter shall give primary consideration to the above-mentioned matters
and to the welfare of the entire community. However, if the subdivider,
developer or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impractical or will exact undue hardship,
the Board may permit such variance or variances as may be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter and the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
If any article, section, subsection, sentence, clause or phrase
of this chapter is, for any reason, held to be unconstitutional or
invalid, such decision shall not affect the remaining portions of
this chapter.
Pursuant to N.J.S.A. 40:55D-39e, all applicants for development
approval must obtain from the office of the Dunellen Borough Tax Collector
a certification providing that all taxes and assessments are paid
as of the date the Board first considers any application and as of
the date the Board is prepared to take final action on an application.
