This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the Township of Cedar Grove (1963)."
A.
The purpose of this chapter shall be to provide rules,
regulations and standards to guide land subdivision in the Township in order
to promote the public health, safety, convenience and general welfare of the
municipality. It shall be administered to ensure orderly growth and development,
the conservation, protection and proper use of land and adequate provision
for circulation, utilities and services.
B.
This chapter shall not be construed as superseding or repealing Chapter 268, Zoning of the Code of the Township of Cedar Grove or any part thereof. All other ordinances which are inconsistent with the provisions of this chapter shall be deemed superseded to the extent of such inconsistency.
C.
The amendatory provisions of this chapter are intended
to comply with the requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
[Added 1-31-1977 by Ord.
No. 77-35]
The following words, terms or phrases when used in this chapter shall
have the meanings ascribed in this section:
The Planning and Zoning Coordinator of the Township of Cedar Grove.
[Added 1-31-1977 by Ord.
No. 77-35]
The lands required or designated for the installation of stormwater sewers or drainage ditches or delineated along a natural stream or watercourse for preserving the channel and providing for a flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated, as amended.
A right or interest, less than a fee, held by one person or corporation
in land owned by another to be used only for a specific purpose or purposes.
A map of all or a portion of the subdivision which is presented to
the Township Planning Board for final approval in accordance with regulations
established by this chapter and which, if approved, shall be filed with the
proper county recording officer.
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.
[Amended 1-31-1977 by Ord.
No. 77-35]
All subdivisions not classified as minor subdivisions.
A composite of one or more written or graphic proposals for the development
of the municipality as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
[Amended 1-31-1977 by Ord.
No. 77-35]
A subdivision of land which conforms to each of the following criteria:
will result in not more than four lots fronting on an existing improved street,
provided that if the aggregate of frontage of said four lots constitutes not
less than 80% of all the continuous frontage that is in the same ownership,
the remainder of frontage may be included; does not involve a planned development;
does not involve any new street; and does not involve an extension of any
off-tract improvement or Township facility.
[Amended 1-31-1977 by Ord.
No. 77-35; 8-29-1977 by Ord.
No. 77-35(a)]
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 through
55D-36.
[Amended 1-31-1977 by Ord.
No. 77-35]
Any individual, firm, association, syndicate, copartnership or corporation
having sufficient proprietary interest in the land sought to be subdivided
to commence and maintain proceedings to subdivide the same under this chapter.
Any security which may be accepted by a municipality, including cash,
provided that a municipality shall not require more than 10% of the total
performance guaranty in cash.
[Amended 1-31-1977 by Ord.
No. 77-35]
A map of a subdivision.
A map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 234-7 of this chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley
or other way which is an existing state, county or municipal roadway or a
street or way shown upon a plat heretofore approved pursuant to law or approved
by official action or a street or way on a map or plat duly filed and recorded
in the office of the county recording officer prior to the appointment of
a Planning Board and the grant to such Board of the power to review plats.
"Street" also includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines. For the purpose of this chapter,
"streets" shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for traffic not local in destination.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSThose 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, copartnership, corporation,
trust or any other legal entity commencing proceedings under this chapter
to effect a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale or development. The following
shall not be considered subdivisions within the meaning of this act if no
new streets are created: divisions of land found by the Planning Board or
Subdivision Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size; divisions
of property by testamentary or intestate provisions; 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."
[Amended 1-31-1977 by Ord.
No. 77-35]
A Committee appointed by the Chairman of the Planning Board, with
the approval of said Board, for the purpose of classifying subdivisions in
accordance with the provisions of this chapter. The Chairman of the Planning
Board shall act as Chairman of said Committee.
[Amended 1-31-1977 by Ord.
No. 77-35]
The provisions of this chapter shall be administered by the Cedar Grove
Planning Board; except that, pursuant to N.J.S.A. 40:55D-76, the Zoning Board
of Adjustment may administer this chapter whenever the application for subdivision
approval involves the granting of an application for a variance to allow a
structure or use in a district restricted against such structure or use and,
in that event, all references in this chapter to Planning Board shall be deemed
to read the Zoning Board of Adjustment.
The rules, regulations and standards set forth in this chapter shall
be considered the minimum requirements for the protection of the public health,
safety and welfare of the citizens of Cedar Grove. Any action taken by the
Planning Board 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 can clearly demonstrate that because of peculiar
or unique conditions pertaining to his land the literal enforcement of any
of the provisions of this chapter relating to the design and layout of subdivisions
is impracticable or would result in undue hardship, the Planning Board may
permit such variation in the application thereof as may be reasonable and
within the general purpose and intent of the rules, regulations and standards
established by this chapter.
