This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the City of Paterson."
The purpose and intent of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the city 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
public facilities, circulation, utilities and services.
A.
The provisions of this chapter shall be administered
in accordance with the Municipal Land Use Law (P.L. 1975, c. 291 [N.J.S.A.
40:55D-1 et seq.]).
B.
Planning Board.
(1)
The Planning Board, in considering a subdivision, may
grant such variance(s) from the terms of this chapter and the Zoning and Land
Development Ordinance[1] which, in its discretion, seem reasonable and within the general
purposes and intent of the rules, regulations and standards established herein,
if the subdivider for the subdivision can clearly demonstrate that, because
of conditions peculiar to his land, the literal enforcement of one (1) or
more parts of this chapter will exact undue hardship on him.
(2)
The Planning Board shall have the power to review and
approve or deny site plans, conditional uses and N.J.S.A. 40:55D-70(c) variances
simultaneously with its review of a subdivision plat without further applications
by the developer, provided that the longest period for Board action shall
apply and further provided that public notice, when required, shall make mention
of each type of approval sought.
C.
Zoning Board of Adjustment. The Zoning Board of Adjustment
shall have the power to grant subdivision approval to the same extent and
subject to the same restrictions as the Planning Board whenever the Board
of Adjustment is reviewing an application for approval of a variance pursuant
to N.J.S.A. 4O:55D-70(d).
All ordinances or parts of ordinances other than the Zoning Ordinance[1] of the city which are inconsistent with the provisions of this
chapter are hereby repealed to the extent of such inconsistency.
The administrative officer shall issue certificates as to approval of
subdivision of land as authorized by law when a land subdivision has been
approved in accordance with this chapter.
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 city.
A.
ADMINISTRATIVE OFFICER
APPLICANT
BUFFER STRIP
CUL-DE-SAC
DEVELOPER
DRAINAGE RIGHT-OF-WAY
FINAL APPROVAL
FINAL PLAT
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OWNER
PERFORMANCE GUARANTY
PLANNED DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PRELIMINARY PLAT
RESUBDIVISION
(1)
(2)
SIGN EASEMENTS
SILTATION BASIN
SKETCH PLAT
STREET
(1)
(2)
(3)
(4)
SUBDIVIDER
SUBDIVISION
SUBDIVISION COMMITTEE
The following words, terms or phrases when used in this
chapter shall have the meanings ascribed in this section:
The City of Paterson Zoning Officer or such other individual designated
by the City Council.
A developer submitting an application for development.
Open spaces, landscaped area, fences, walls, berms or any combination
thereof used to physically separate or screen one use or property from another
so as to shield or block noise, lights or nuisances.
A street with only a single means of ingress and egress, not longer
than six hundred (600) feet, and having a turnaround at the end.
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 lands required for the installation of sanitary and/or stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein to
safeguard the public against flooding or flood damage.
The official action taken by the Planning Board after all conditions,
engineering plans and other requirements have been 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 the regulations
outlined herein and which, if approved, shall be filed with the Passaic County
Planning Board and the Passaic County Register of Deeds office.
A designated parcel tract or area of land established by a plat or
otherwise, as 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 pursuant to this chapter, including but not limited
to surety bonds, letters of credit under the circumstances specified in N.J.S.A.
40:55D-53.5 and cash.
Any subdivision not classified as a minor subdivision.
A composite of one (1) or more written or graphic proposals recommending
the development of the city which shall have been duly adopted as such by
the Planning Board.
Any subdivision which will result in not more than three (3) lots
fronting an existing accepted street, not involving any new street or road
or the extension of municipal facilities, not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict with
any provision or portion of the Master Plan, Official Map, Zoning Ordinance[1] or this chapter. Any subdivision involving fully developed lands
where lot lines are being solely altered for the purpose of property transfer
shall be considered a "minor subdivision" regardless of the number of lots
that will result from the subdivision or their conformance to city ordinances.
Any individual, firm, association, syndicate, partnership or corporation
having sufficient proprietary interest in the land sought to be subdivided
to commence and maintain proceedings to subdivide the same under this chapter.
Any security which may be accepted by a municipality, including but
not limited to surety bonds, letter of credit under the circumstances specified
in N.J.S.A. 40:55D-53.5 and cash.
Planned unit development, planned unit residential development, residential
cluster, planned commercial development or planned industrial development,
as those terms are defined in N.J.S.A. 40:55D-6.
The Planning Board of the city, established pursuant to N.J.S.A.
40:55D-23.
A map or maps of a subdivision.
The conferral of certain rights, pursuant to Article III of this chapter, prior to final approval, after specific elements of a subdivision plan have been agreed upon by the Planning Board and the applicant.
The preliminary map indicating the proposed layout of the subdivision
which is submitted to the Planning Board for consideration and tentative approval,
meeting the requirements of this chapter.
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.
At intersections, a triangular-shaped area established in accordance
with requirements of this chapter, in which nothing shall be erected, placed,
planted or allowed to grow in such a manner as to obstruct vision between
a height of three (3) feet and ten (10) feet above the center-line grade of
either street.
A temporary facility, designed in accordance with the standards of
this chapter, to collect silt and eroded soil resulting from grading the area
of a subdivision for the purpose of limiting the deposit of silt and eroded
soil in streams, brooks and sewers.
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.
Any street, avenue, boulevard, road, parkway, viaduct, alley, drive
or other way which is an existing state, county or municipal roadway; or which
is shown upon a plat heretofore approved pursuant to law; or which is approved
by official action; or which is shown on a plat duly filed and recorded in
the office of the Passaic County Register of Deeds; 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, heavy or through traffic.
COLLECTOR STREETSThose which carry traffic from minor streets, including the principal access and circulation streets within a development.
MINOR STREETSThose which are designed to be used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose which are adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
Any individual, firm, association, syndicate, partnership, corporation,
trust or any other legal entity commencing proceedings under this chapter
to affect a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two (2) or more
lots, tracts, parcels or other divisions of land for the purpose, whether
immediate or future, of sale or development, except that the following divisions
shall not be considered "subdivisions"; provided, however, that no new streets
are created: divisions of land for agricultural purposes where the resulting
parcels are five (5) acres or larger in size; divisions of property by testamentary
or intestate provisions; divisions of property upon court order, including
but not limited to judgments of foreclosure; consolidation of existing lots
by deed or other instrument; and the conveyance or one (1) 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 officer 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 of the municipality.
"Subdivision" also includes resubdivision and, where appropriate to the context,
relates to the process of subdividing or to the lands or territory divided.
A committee of at least three (3) but no more than five (5) Planning
Board members, appointed by the Chairman with approval of the Board, for the
purpose of classifying subdivisions in accordance with the provisions of this
chapter and such other duties as may be conferred on this Committee by the
Planning Board or state statutes.
