The approval provisions of this article shall
be administered by the Borough in accordance with Chapter 291 of the
Laws of New Jersey, 1975, except where ancillary jurisdiction shall
apply.
Approval of a subdivision plan shall be granted
in the event that the subdivision plan complies with the following
standards and regulations:
A. The applicant has submitted an application, checklist
and a plan containing all of the information and data as provided
for in this chapter.
B. The details of the subdivision plan in accordance
with the standards of the zoning and subdivision sections of this
chapter, and any amendments thereto and any and all other ordinances
of the Borough and amendments thereto as may be in existence at the
time of the application and in harmony with the adopted comprehensive
Master Plan of the Borough.
C. That all parking and traffic problems shall be resolved.
D. That adequate provisions are made for drainage and
stormwater to prevent any off-site damage.
E. That reasonable screening, at all seasons of the year,
of all playgrounds, parking and service areas, from the view of adjacent
properties and streets be provided where necessary for the purpose
of protecting the health, safety, general welfare, comfort and convenience
of the public.
F. That the location, power, directions, and time of
any outdoor lighting will not have any adverse effect upon any properties
in adjoining residential districts by impairing the established character
or the potential use of properties in such districts.
G. That the details of the subdivision plan for the authorized
use will be such that the operation will not offend the public interest.
H. The Board may require applicant to contribute his prorated share of the cost of the necessary off-site improvements as more specifically provided in §
163-30.
I. Evidence of approval of a soil erosion and sedimentation
control plan as required by law.
J. Submission and review of Environmental Impact Statement pursuant to Article
VIII hereof.
K. Proof of payment of taxes and all fees.
L. Documentation of applications for development submitted
to the approving authority shall include either a Letter of Interpretation
(LOI) or Presence or Absence Determination issued by the NJDEP concerning
freshwater wetlands and/or freshwater wetland transition areas regarding
the subject tract.
Subdivision plans. In approving a subdivision
plan, the approving authority shall condition such approval upon approval
by the following agencies:
A. Approval of plans for water and sewer installation
from the Borough Engineer and/or other applicable approving authority.
B. Morris County Planning Board.
C. Chapter
251 (Soil Conservation Service).
H. Such other agencies as may have jurisdiction.
Exception in application of subdivision regulation;
simultaneous review and approval.
A. The approving authority when acting upon applications
for preliminary or minor 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
on one or more provisions of the ordinance is impracticable or will
produce undue hardship because of peculiar conditions pertaining to
the land in question.
The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof.
A. General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the
Borough. Where either or both an Official Map or Master Plan has 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 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 Section 20 of Chapter 433 of the Laws of 1953 and
shall be such as to lend themselves to the harmonious development
of the municipality and enhance the public welfare in accordance with
the following design standards.
B. Streets.
(1) The arrangement of streets now shown on the Master
Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets.
(2) Minor streets shall be so designated as to discourage
through traffic.
(3) 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 approving authority may determine appropriate.
(4) All streets and appurtenant design and construction
undertaken by a developer in connection with any residential subdivision,
residential site plan or variance shall be in accordance with the
New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21)
as promulgated by the Commissioner of the New Jersey Department of
Community Affairs pursuant to the authority of P.L. 1993, c.32 (N.J.S.A.
40:55D-41.1 et seq.).
(5) No subdivision showing reserve strips controlling
access to streets shall be approved except where the control and disposal
of land comprising such strips has been placed in the governing body
under conditions approved by the approving authority.
(6) Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or Official
Map or the street width requirements of the ordinance 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.
(7) 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.
C. Block.
(1) Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the zoning ordinance and to provide for convenient access,
circulation control and safety of street traffic.
(2) In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the approving authority.
Such walkway shall be 10 feet wide and be straight from street to
street.
(3) For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
D. Lots.
(1) Lot dimension and area shall not be less than the
requirements of the zoning ordinance.
(2) Insofar as is practical, side lot lines shall be right
angles to straight streets, and radial to curved streets.
(3) Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in §
163-63B(4) and
(6).
(4) Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra width line, and
all setbacks shall be measured from such line.
(5) Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the approving authority
may, after adequate investigation, withhold approval of such lots.
E. Public use and service areas.
(1) In large scale development, easements along rear property
lines or elsewhere for utility installation may be required. Such
easement shall be at least 15 feet wide and located in consultation
with the companies or municipal departments concerned.
(2) Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any subdivision
containing such features.
F. Prior to the issuance of a construction permit by
the Construction Official for any new structure on any undeveloped
lot, a lot development permit (LDP) shall be applied for and issued
by the Borough Engineer.
[Added 8-6-2001 by Ord. No. 2001-09]
(1) Consideration of issuance of LDP shall be made upon
submittal of an application form and five copies of an undeveloped
lot improvement plan (ULIP) which shall be subject to review by the
Borough Engineer, who may, with the consent of the applicant, refer
the application and ULIP to the Planning Board for review and comment
if he deems it to be necessary.
(2) Action on the application and ULIP shall be taken
within 20 calendar days of receipt of all plan elements as required
by this section.
(3) Plat details. The ULIP shall be prepared by a professional
engineer or architect licensed in New Jersey; provided, however, that
where ULIP involves drainage facilities for sites of 10 acres or more
or involves stormwater detention facilities or involves a site traversed
by a watercourse, the ULIP shall only be prepared by a New Jersey
licensed professional engineer. The ULIP shall be drawn to a scale
of one inch equals 30 to 50 feet. The ULIP shall be prepared in sufficient
detail to show the following:
(a)
Key map based on the Official Tax Map of the
Borough of Chester showing all areas within 500 feet of the lot, which
is the subject of the intended improvement.
(b)
A topographic map of the subject lot and adjoining
public and/or private streets showing two-foot contour intervals;
provided, however, that when deemed necessary by the Borough Engineer
for reason based upon good engineering practices, the map shall contain
additional topographic information, including data and contours relative
to adjacent lands within 200 feet of the subject lot.
(c)
The location of any existing streams, watercourses,
ponds, storm sewers, delineated wetlands, delineated wetland transition
areas, storm drainage detention and retention structure or areas,
easements or drainage facilities which relate to drainage of stormwaters
emanating from or affecting the subject lot. Where applicable, the
information required should be as set forth pursuant to the requirements
of N.J.A.C. 7:7A-1 et seq.
(d)
The location and details of any proposed storm
sewers, ditches, swales, dry wells, detention and retention facilities
or other drainage facilities, which are designed to dispose of stormwaters
from the subject property. Drainage calculations to substantiate the
adequacy of drainage facilities shall also be submitted.
(e)
The location of all existing and proposed new
structures, including, but not limited to, buildings, swimming pools,
tennis courts, garages, outbuildings, decks, patios, walkways, fences
and other impervious areas.
(f)
The location, alignment, dimensions and construction
details for any existing or proposed driveways, parking and turnaround
areas.
(g)
The elevation of the finished garage floor,
first floors and lowest floor of the proposed structures.
(h)
The location of all roof leader drains, dry
wells, water supply wells, overhead and underground utility lines,
and any individual subsurface sewage disposal systems.
(i)
All intended grading, cutting and/or filling
represented by proposed contour lines at a corresponding two-foot
interval, including changes in drainage pattern, drainage swales,
structures, piping, railroad tie or rock walls or other retaining
structures.
(j)
Calculation of the net volume of cut or fill
material resulting from grading and excavation operations. The applicant
shall identify sources of any proposed fill and methods and locations
for disposal of any cut materials.
(k)
For proposed new driveway openings, the plan
shall show sight distances along the intersected street measured in
each direction.
(l)
The location of all wooded areas on the lot,
and such details as may be required by Chester Borough ordinances
relative to tree protection.
(m)
The location, size and specie of any proposed
plants, trees, landscaping, ground cover, seedling or stabilization
which have bearing upon the drainage of stormwaters emanating from
or affecting the subject lot.
(n)
The net building envelope area.
(o)
The existing and proposed location, methods
and details of any fire protection system, including but not limited
to water supply lines, hydrants and water storage facilities.
(p)
The nature and volume of construction trash
and debris, location and protection of temporary storage and methods
of disposal of such trash and debris.
(q)
In addition to the details set forth above,
the ULIP shall specify and contain any improvements required under
the terms and conditions of prior subdivision or site plan approval,
which have not been installed at the time, the application for a LDP
is made.