For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
A developer submitting an application for development.
A parcel of land or an area of water or a combination thereof or
a preservation of natural features, such as floodplains and natural slopes,
within a site designated as a development and designed and intended for the
use or enjoyment of residents and owners of the development. "Common open
space" shall not include parking areas or accessways thereto but may include
such complementary structures and improvements as are necessary and appropriate
for the use or enjoyment of residents and owners of the development.
Calendar days.
The 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.
The lands required for the installation of storm water sewers by either pipes or open ditches or lands 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. It shall also include the lands required for sanitary sewers.
A right of use of property for installation of water mains, gas mains,
storm sewers, lateral or trunk sanitary sewers, groundwater diversion drains,
underground wires or cables and any other utilities or municipal facilities.
Official action of the Planning Board taken on a preliminarily approved
major subdivision 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 guaranty.
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.
A parcel or portion of land separated from other parcels or portions
by description as on a subdivision or record of survey map or by metes and
bounds for purpose of sale, lease or separate use.
Any security, including cash, which may be accepted by the Borough
for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision and shall include
specifically those subdivisions which are excluded therefrom.
A composite of one or more written or graphic proposals for the development
of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28
et seq.
A subdivision containing not more than two lots fronting on an existing
street and not involving any of the following:
Any new streets or roads.
The extension of any municipal facilities.
That it does not adversely affect the development of the remainder of
the parcel of land.
That it does not adversely affect the development of any adjoining property.
That it does not conflict with any provision or portion of the Master
Plan, Official Map, zoning regulations or any other portion of this chapter
or any other ordinance of the Borough.
Such public facilities as may now exist or as may be hereafter installed
in the Borough for the general public good or convenience.
A map adopted pursuant to N.J.S.A. 40:55D-32 et seq. or any other
act authorizing such adoption. Such a map shall be deemed to be conclusive
with respect to the location and width of the streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
Located outside the lot lines of the lot or portions of a lot but
within the property of which the lot is a part, which is the subject of a
development application or contiguous portion of a street or right-of-way.
Not located on the property, which is the subject of a development
application, nor on a contiguous portion of a street or right-of-way.
Located on a lot or portions of a lot which is the subject of a development
application.
Located on the property, which is the subject of a development application,
or on a contiguous portion of a street or right-of-way.
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 in lieu of a requirement that
certain improvements be made before the Planning Board or other approving
body approves a plat, including performance bonds, escrow agreements and other
similar collateral or surety agreements, provided that the Borough shall not
require more than 10% of the total performance guaranty in cash.
Any individual, firm, copartnership, association, syndicate, corporation
or any other entity capable of developing and subdividing lands, except for
a governmental body or any subdivision thereof.
The map of a subdivision.
Conferral of certain rights pursuant to § 234-24 herein, prior to final approval and after specific elements of a subdivision 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 Borough Clerk for Planning Board consideration and preliminary approval and meeting the requirements of Article III of this chapter.
The following sanitation classes are hereby established:
Class S-1: those lots having available connections to sanitary sewers
and to public water mains.
Class S-2: those lots having available connections to public water mains
but which require individual sewerage disposal systems.
Class S-3: those lots which require both individual sewerage disposal
systems and private water supplies due to lack of available connections to
public water mains.
The preliminary sketch map of a subdivision, containing sufficient detail and accuracy to be used for the purpose of preliminary consideration by the Planning Board and meeting the requirements of Article III of this chapter. The "sketch plat" shall not be considered the preliminary plat referred to in the statute.
[Amended 3-19-1985 by Ord.
No. 85-9-899]
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 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 and 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 streets: those which are used primarily for fast or heavy traffic.
Collector streets: those which carry traffic from minor streets to the
major system of arterial streets, including the principal entrance streets
of a residential development and streets for circulation within such a development.
Minor streets: those which are used primarily for access to the abutting
properties.
Marginal access streets: those which are streets parallel to and adjacent
to arterial streets and highways and which provide access to abutting properties
and protection from through traffic.
Alleys: minor 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 chapter, 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, including but not limited to
judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels of land,
owned by the same person or persons and all of which are found and certified
by the administrative 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 or atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members appointed by
the Chairman of the Board for the purpose of classifying subdivisions, in
accordance with the provisions of this chapter, and such other duties relating
to land subdivision which may be conferred on this Committee by the Board.
Water entering into or under a foundation, wall or basement of a
building from external sources.
Minimum lot sizes, lot area requirements and setback line requirements, and for the purposes of this chapter shall be identical with those provided in Chapter 275.
A.
The purpose of this chapter shall be to provide rules,
regulations and standards to guide land subdivision in the Borough 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.
The protection of the entire Borough, rather than the
benefit or desire of any individual or property owner, is hereby declared
to be the basic purpose and intent of 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 Borough. 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 applicant
can clearly show to the satisfaction of the Planning Board 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,
financial hardship excepted, such variances may be permitted as may be reasonable
and within the general purpose and intent of the rules, regulations and standards
established by this chapter; provided, however, that no requirement of the
Municipal Land Use Law of 1975 or the County Planning Enabling Act is modified.
The approval provisions of this chapter shall be administered by the
Planning Board in accordance with N.J.S.A. 40:55D-37 et seq. of Municipal
Land Use Law of 1975.[1]
A.
In the event that a developer submits an application
for development proposing a development that is barred or prevented, directly
or indirectly, by a legal action instituted by any state agency, political
subdivision or other party to protect the public health and welfare or by
a directive or order issued by any state agency, political subdivision or
court of competent jurisdiction to protect the public health and welfare,
the Planning Board shall process such application for development, and, if
such application for development complies with municipal development regulations,
the Planning Board shall approve such application conditioned on removal of
such legal barrier to development.
B.
In the event that development proposed by an application
for development required an approval by a governmental agency other than the
municipal agency, the Planning Board shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency, provided
that the municipality shall make a decision on any application for development
within the time period provided in this chapter or within an extension of
such period as has been agreed to by the applicant, unless the municipal agency
is prevented or relieved from so acting by the operation of law.
The Borough Clerk is hereby designated as the certifying official to
issue certificates as to the approval of subdivisions of land.
A.
Any person may apply to him in writing for the issuance
of a certificate certifying whether or not such subdivision has been duly
approved. The application shall contain a diagram showing the location and
dimension of the land to be covered by the certificate and the name of the
owner thereof.
B.
The certifying official shall issue such certificate
within 15 days after receipt of such application and payment of the fee.
C.
Duplicate copies of such certificates, consecutively
numbered, including a statement of the fees charged, shall be kept in a binder
as a permanent record of his office.
D.
Each such certificate shall be designated "Certificate
as to approval of subdivision of land," and shall certify:
(1)
That there exists in the Borough a duly established Planning
Board meeting regularly on a monthly or more frequent basis.
(2)
That there is a Borough ordinance controlling subdivisions
of land, adopted under the authority of N.J.S.A. 40:55D-37 et seq. of the
Municipal Land Use Law.
(3)
Whether the subdivision or resubdivision, as it relates
to the land shown in the application, has been approved by the Planning Board
and the date of such approval.
(4)
Whether the subdivision or resubdivision, if it has not
been approved, is exempt from the requirement of approval.
The Subdivision Committee shall consist of three or more members of
the Planning Board, appointed by its Chairman with the concurrence of the
Board, together with the Borough Engineer or a member of his staff acting
ex officio as consultant.
The Subdivision Committee shall act as the screening agency on all applications
to the Planning Board, and it may hold its own separate meetings in order
to expedite the processing of applications and the handling of minor subdivisions.
In order to expedite action under the provisions hereof, there shall
be six general types of proceedings, which shall be conducted as provided
in this chapter as follows:
A.
Minor subdivisions, involving all sanitation classes,
shall be handled by the Subdivision Committee of the Planning Board upon application
and sketch plat and final plat and favorable unanimous report.
B.
Minor subdivisions, involving all sanitation classes,
where unanimous favorable approval of the Subdivision Committee is not secured.
Such cases shall be handled by the Planning Board upon application, sketch
plat and final plat.
C.
Major subdivisions, shall be handled by the Planning
Board upon application and sketch plat; preliminary plat; public hearing thereon,
with or without conditions; and subsequent application and approval of final
plat.
D.
Miscellaneous hearings, may be held by the Planning Board
in its discretion in the processing of applications or for such other purposes
as it may deem advisable in the carrying out of its duties under this chapter.
E.
Rehearings, shall be granted by the Planning Board in
all cases where, by virtue of changed conditions or changes in plats, applications
or other details, it is alleged that unfavorable conditions upon which the
Planning Board has previously denied an application have since been removed
or corrected. If public notice was required on the original hearing, it shall
likewise be required for the rehearing and given in the same manner.
F.
Major subdivisions classified as such only for the reason
that they conflict with a provision or portion of the Master Plan, the Official
Map, if such there be, or of a Zoning Ordinance shall be considered by the
Planning Board upon application, sketch plan, final plat and public hearing
thereon. In the case of major subdivisions involving a conflict with a Zoning
Ordinance or the Official Map, the Planning Board may approve the subdivision
and grant a variance or variances, as the case may be, for one or more lots.
[Amended 12-6-1983 by Ord.
No. 83-23-863]
The Planning Board shall prepare application forms, setting forth the
data required in each particular type of case, to be filled in by the applicant,
and make such forms available.
The Planning Board shall prepare and adopt a check list to use in checking
applications and plats for conformity to the provisions of this chapter.
A procedure chart for major subdivisions may be obtained from the Borough
Clerk and may be used as an informal guide, but in the event of any conflict
with the provisions of this chapter, the latter shall control.
The Borough Engineer shall, as herein provided, certify all maps prior
to final approval. He shall consult with the Planning Board on all engineering
data and design. He shall furnish detailed information, where required, on
connecting streets, sanitation, utilities, drainage, rights-of-way for sewers
and drainage ditches and flood conditions.
The Planning Board or the Board of Health,[1] or both, shall require that before acceptance of the final plat
for any major subdivision the applicant and his assigns agree in writing to
furnish, at his own expense, acceptable qualified supervision to ensure completion
of the project in accordance with the plans with respect to all facilities,
grading elevations, house location and installation of individual sewage disposal
facilities and location construction of elevations and any private sources
of water supply or that the owner or his agents agree to pay on the basis
of a monthly bill the cost of supervision by an engineer or other qualified
person approved by the Planning Board and the Board of Health and not in the
employ of the owner.
The Planning Board shall have the right to require the construction
of sanitary sewers, manholes and house connections even though at the time
it may not be feasible to connect to any trunk sewers, in which case individual
sewage disposal facilities conforming to the requirements of the Board of
Health shall also be installed.
Wherever a site plan is filed with the Planning Board prior to approval
of a final plat, the applicant, for himself and his assigns, shall agree in
writing to follow that plan in all details unless all bodies or agencies which
have approved the original plan will accept an amended plan.
Performance guaranties shall be administered by the Mayor and Council,
with legal and engineering advice as to the form, sufficiency and execution
thereof. Such performance guaranties shall run for a period to be fixed by
the Planning Board but in no case for a longer term than five years, provided
that the term thereof may be extended by the Planning Board with the written
consent of the owner and surety for an additional period not to exceed three
years.
Prior to commencement of construction or site clearing, the applicant
or developer shall post with the Clerk of the Borough such amount as the Planning
Board or Mayor and Council shall set, not to exceed $2,000 as further assurance
by the applicant or developer that all rubbish and excess material shall be
removed from the site or project during and at the completion of construction
and prior to issuance of a certificate of occupancy. In the event the applicant
or developer shall fail to abide by this section, the Planning Board and Mayor
and Council shall utilize the money deposited by the applicant and developer
to remove such litter, debris or excess material from the site and return
that unexpended portion of the money deposited to the applicant or developer.[1]
[1]
Editor's Note: Former § 134-20, Copies of provisions made
available, as amended, which followed this section, was repealed 4-2-1985
by Ord. No. 85-10-900.
[Amended 3-19-1985 by Ord.
No. 85-9-899]
A.
If, before favorable referral and final approval has
been obtained, any person transfers or agrees to sell, as owner or agent,
any land which forms a part of a subdivision on which the Planning Board is
required to act, such person shall be subject to a penalty not to exceed $1,000,
and each lot disposition so made may be deemed a separate violation. Such
action shall be brought in the Municipal Court, which shall have complete
jurisdiction, and the complaint may be made by any person having knowledge
of the violation.
B.
In addition to the foregoing, the Borough may institute
and maintain a civil action for injunctive relief, to set aside and invalidate
any conveyance made pursuant to such a contract or sale if a certificate of
compliance has not been issued in accordance with N.J.S.A. 40:55D-56. 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, which remains
in the possession of the subdivider or his or its successors or assigns, to
secure the return of any deposit made or purchase price paid and also a reasonable
search fee, survey and title closing expense, if any. Any such action shall
be brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of the land or within six years if unrecorded.
[Amended 3-19-1985 by Ord.
No. 85-9-899]
Any person who violates any of the other provisions of this chapter
shall be subject to a penalty not to exceed $1,000 and, in addition thereto,
any permits he may have shall be summarily revoked and the work stopped by
the Planning Board thereon.
[Amended 3-19-1985 by Ord.
No. 85-9-899]
In addition to the penalties provided in §§ 234-19 and 234-20, if the streets in the subdivision are not such that a structure on such land in the subdivision would meet requirements for a building permit under Section 10 of the Official Map and Building Permit Act of 1953, the Borough may institute and maintain a civil action for injunctive relief, to set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56. 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, which remains in the possession of the subdivider or his or its successors or assigns, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey and title closing expense, if any. Any such action shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six years if unrecorded.
