Borough of Alpine, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Alpine as Ch. XVI (Ord. No. 185) of the 1970 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 35.
Building construction — See Ch. 79.
Uniform construction codes — See Ch. 97.
Site plan review — See Ch. 179.
Soil fill and soil removal — See Ch. 185.
Streets and sidewalks — See Ch. 192.
Trees and shrubs — See Ch. 205.
Zoning — See Ch. 220.

§ 195-1 Short title.

This chapter shall be known and may be cited as the "Land Subdivision Ordinance of the Borough of Alpine."

§ 195-2 Purpose.

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. It shall be administered to ensure the orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.

§ 195-3 Approving agency.

[Amended by Ord. No. 273]
The provisions of this chapter shall be administered by the Borough Planning Board, or Zoning Board of Adjustment where applicable, in accordance with N.J.S.A. 40:55D-1 et seq., as amended and supplemented. Hereunder, where the term "Planning Board" is used, this shall mean "Zoning Board of Adjustment" where such Board has jurisdiction.

§ 195-4 Definitions.

[Amended by Ord. No. 273; Ord. No. 279; Ord. No. 304]
As used in this chapter, the following terms shall have the meanings indicated:
BLOCK
An area bounded by streets.
CLEAR SIGHT DISTANCE
A line of unobstructed vision from a point 4 1/2 feet above the center line of a street alley to the nearest point on the top of an object four inches high on the same center line.
DRAINAGE RIGHT-OF-WAY
The lands required for 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 therein to safeguard the public against flood damage, in accordance with N.J.S.A. 58:1.[1]
FINAL PLAT
The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with this chapter and which, if approved, shall be filed with the proper county recording officer.
LOT
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.
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the borough which shall have been duly adopted by the Planning Board.
MINOR OR SIMPLE SUBDIVISION
Any subdivision containing no more than two lots fronting on an existing street not involving a planned development, any new street or road, or the extension of any off-tract improvement, the cost of which is to be prorated, pursuant to N.J.S.A. 40:55D-42, or the extension of municipal facilities, and 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, Chapter 220, Zoning, or this chapter. No more than one minor subdivision shall be allowed on the same original property per two-year period.
MINOR SUBDIVISION PLAT
The final map of a minor subdivision which is presented to the Planning Board for approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
OFF-SITE
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 contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENTS
Water, sewer, drainage and street improvements serving a proposed subdivision or development, not located on the property of the subdivision or development, nor on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having title in land.
PERFORMANCE GUARANTY
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.
PLAT
The map of a subdivision.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 195-6 of this chapter.
REGULAR OR MAJOR SUBDIVISION
All subdivisions not classified as minor or simple subdivisions.
STREET
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 on 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 including 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:
A. 
Those which are used primarily for fast or heavy traffic.
B. 
Those which carry traffic from minor streets to the major system of primary streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
C. 
Those which are used primarily for access to the abutting properties.
D. 
Those which are parallel with and adjacent to primary streets and highways, and which provide access to abutting properties and protection from through traffic.
E. 
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any legal entity commencing proceedings under this chapter to effect a subdivision of land for himself or for another.
SUBDIVISION
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 if no new streets are created:
A. 
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.
B. 
Divisions of property by testamentary or intestate provisions.
C. 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
D. 
Consolidation of existing lots by deed or other recorded instrument.
E. 
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 Building Inspector to conform to the requirements of the borough development regulations and are shown and designated as separate lots, tracts or parcels on the borough tax map. The term "subdivision" shall also include the term "resubdivision."
[1]
Editor's Note: Former N.J.S.A. 58:1 was repealed by L. 1945, c. 22. See now N.J.S.A. 58:1A-1 et seq.

§ 195-5 Subdivision procedure.

A. 
Submission of minor subdivision plat.
[Amended by Ord. No. 273; Ord. No. 279]
(1) 
Any owner of land within the borough or his legally constituted agent shall, prior to subdividing or resubdividing land, where such subdivision is desired to qualify as a minor subdivision, submit to the Planning Board at least 10 days prior to the regular meeting of the Planning Board 14 copies of a minor subdivision plat, together with 14 copies of an application form, as required by the Board.
(2) 
Minor subdivision approval shall be granted or denied by the Planning Board within 45 days of the date of submission of an application and sketch plat which fully meets the requirements of § 195-6 hereunder, or within such further time as may be consented to by the applicant. If a variance is required, the time for approval is 120 days. Notice and public hearing are not required for a minor subdivision application unless a variance is required. If approved by the Planning Board or Zoning Board of Adjustment, a notation to that effect will be made on the minor subdivision plat, Where County Planning Board approval is required, it will be forwarded to that Board for its consideration. The plat will then be forwarded to the Chairman of the Planning Board or Zoning Board for his/her signature and returned to the subdivider within one week following the next regular meeting of the appropriate Board.
(3) 
Before the Clerk returns any approved minor subdivision plat to the subdivider, the subdivider shall furnish the Clerk sufficient copies to furnish one copy each to the following:
(a) 
Borough Clerk.
(b) 
Borough Engineer.
(c) 
Building Inspector or Zoning Officer.
(d) 
Tax Assessor.
(e) 
Secretary of the Planning Board.
(f) 
County Planning Board.
(g) 
Official designated to issue certificates of compliance.
(h) 
Tax Collector.
(i) 
Board of Health.
(4) 
Either a deed or a plat map drawn in compliance with N.J.S.A. 46:23-9[1] et seq. shall be filed or recorded with the Bergen County Clerk within 190 days from the date of return of the approved plat.
[1]
Editor's Note: Former N.J.S.A. 46:23-9 was repealed by L. 1953, c. 358. See now N.J.S.A. 46:23-9.15.
(5) 
If the minor subdivision plat is not approved, the proposed subdivider shall be notified of the reasons for such disapproval and whether the proposed subdivision could qualify for resubmission under the procedure for major subdivisions.
B. 
Submission of preliminary plat of major subdivision for tentative approval.
[Amended by Ord. No. 273; Ord. No. 279; Ord. No. 304]
(1) 
At least 14 black and white prints of the preliminary plat, together with 14 application forms for preliminary approval, shall be submitted to the Planning Board two weeks prior to the Planning Board meeting at which a public hearing and consideration is desired.
(2) 
The Planning Board shall determine if such application for a major subdivision is complete, as provided in § 195-6 hereunder. If the application is found to be incomplete, the developer shall be notified in writing of the deficiencies therein by the Planning Board or the Board's designee for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted. If the Planning Board finds that the application is complete, the Secretary shall immediately notify the developer as to the date of the next meeting of the Board at which the application will be considered and a public hearing held thereon. The applicant shall then give notice by newspaper publication and by giving additional notice to all persons entitled to notice of the hearing on the application in accordance with Chapter 35, Land Use Procedures, § 35-28, of this Code. Such notice shall be given at least 10 days before the hearing. If the Board requires any substantial amendment in the layout or improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice.
(3) 
Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:
(a) 
County Planning Board.
(b) 
Borough Engineer.
(c) 
All members of Planning Board.
(d) 
Board of Health.
(e) 
Board Attorney.
(f) 
Board planning consultant.
(g) 
Such other municipal, county or state officials as directed by the Planning Board.
(h) 
If the preliminary plat lies within 200 feet of a municipal boundary, a copy of the plat shall be sent by the Secretary of the Planning Board to the Secretary of the Planning Board of the adjoining community. A written statement shall be requested from the adjoining community indicating whether the proposed subdivision in the Borough of Alpine is in reasonable harmony with its plans for development. The Secretary of the Planning Board of the adjoining community shall be informed of the date of the public hearing, and any communications received prior to this date shall be considered in relation to the approval or disapproval of the plat.
(4) 
After the public hearing, the Board shall take formal action either approving or disapproving the preliminary plat within the time required by N.J.S.A. 40:55D-48, viz., for a subdivision of 10 or fewer lots the Board shall grant or deny preliminary approval within 45 days of the date of the submission and in the case of a subdivision of more than 10 lots it shall grant or deny preliminary approval within 95 days of the date of such submission, or within such further time as may be consented to by the developer. If a variance is required, the time for approval shall be 120 days. Otherwise the Board shall be deemed to have granted preliminary approval to the subdivision. However, in no case shall Board approval be given before the expiration of the twenty-day period within which the County Planning Board may submit a report on said subdivision. In all cases the recommendations of the County Planning Board shall be given careful consideration in the final decision of the Planning Board. If the County Planning Board has approval pursuant to N.J.S.A. 40:27-12,[2] its action shall be noted on the plat, and if disapproved, two copies of the reasons for disapproval shall be returned with the plat. If either the Borough Board or County Planning Board disapproves the plat, the reasons for disapproval shall be remedied prior to further consideration. If approval is required by any other officer or public body, the same procedure as applies to submission for approval by the County Planning Board shall apply.
[2]
Editor's Note: Former N.J.S.A. 40:27-12 was repealed L. 1968, c. 285, § 22.
(5) 
Preliminary approval shall except as hereinafter set forth confer upon the applicant the following rights for a three-year period from the date of such approval:
(a) 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; and yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) 
That the applicant may submit for final approval on or before such expiration date of preliminary. approval the whole of a section or sections of the preliminary subdivision plat.
(c) 
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards shall govern.
C. 
Submission of final plat of major subdivision.
[Amended by Ord. No. 273; Ord. No. 279]
(1) 
The final plat shall be submitted to the Secretary of the Planning Board for final approval within the time limit specified in Subsection B(5). The Board shall act upon the final plat within 45 days after the date of submission for final approval. A conditional approval will first be made, allowing the developer to proceed with the construction of streets and other improvements or the posting of bonds and guaranties such as may be agreed to by the Board. Final approval will be given upon satisfactory completion of the improvements or posting of bonds. Approval shall be conditioned on certification by the Bergen County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of c. 251, L. 1975, N.J.S.A. 4:24-39 et seq.
(2) 
The original tracing, 14 black and white prints and one copy of the application form for final approval shall be submitted to the Secretary of the Planning Board at least five days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
(3) 
Before final approval of the final plat, a statement shall be submitted by the Borough Engineer that he is in receipt of a map showing all utilities 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:
(a) 
Installed all improvements in accordance with the requirements of these regulations; or
(b) 
A performance guaranty has been posted with the Borough Clerk in sufficient amount to assure the completion of all required improvements.
(4) 
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-2 shall be forwarded to the County Planning Board for its action prior to final approval.
(5) 
Failure of the Planning Board to act within the allotted time, or a mutually agreed upon extension, shall be deemed to be favorable approval and the Borough Clerk shall issue a certificate to that effect.
(6) 
Upon final approval, 16 black and white paper prints of the final plat map shall be furnished to the Planning Board for the preparation of agreements and for distribution to the following:
(a) 
Borough Clerk.
(b) 
Borough Engineer.
(c) 
Building Inspector or Zoning Officer.
(d) 
Tax Assessor.
(e) 
Tax Collector.
(f) 
County Planning Board.
(g) 
Board of Health.
(h) 
Superintendent of Public Works.
(i) 
Planning Board files.
(j) 
In addition thereto, the following information shall be furnished for the borough files:
[1] 
Final plat map.
[a] 
Two imperial cloth tracings.
[b] 
One eight-inch-by-ten-inch film negative reduction.
[c] 
Two eight-inch-by-ten-inch contact matte prints.
[2] 
Plan and profile maps.
[a] 
Two imperial cloth tracings.
[b] 
Six black and white paper prints.
[c] 
One eight-inch-by-ten-inch negative reduction of each.
[d] 
Two eight-inch-by-ten-inch contact matte prints.
(7) 
Development map.
(a) 
The Planning Board, at its option, may require five copies of a development map to be submitted to the Secretary of the Planning Board with the final plat. Copies of the development map, if required, upon approval of the final plat, shall be filed in the office of the Borough Clerk, Building Inspector, Assessor, Engineer and Board of Health for their use. The development map shall be the same as the final plat, but shall contain the following additional information:
[1] 
Location of each proposed building with grade level of lowest floor. Location of each proposed septic tank with grade level.
[2] 
Setback and side yard dimensions.
[3] 
Present and finished grade levels at any additional points required by the Borough Engineer.
[4] 
Present and finished grade levels at house and lot lines.
[5] 
Sidewalk lines and levels if sidewalks required.
[6] 
Curb and pavement lines and grades.
[7] 
Corner radii.
[8] 
Bearings or radii of other than straight streets.
[9] 
Location of catch basins.
[10] 
Storm drains, with capacity, course and grade.
[11] 
Points of disposal and manner of disposal of efflux.
[12] 
Existing or proposed easements.
[13] 
Tentative grades of streets.
[14] 
Typical cross-section of streets showing all improvements.
[15] 
Location of trees, 10 inches or over, to be removed.
[16] 
Any other matters required on preliminary sketch and with accuracy of detail consistent with final maps.
[17] 
Contours at intervals of five feet elevation.
[18] 
Plans and profiles of storm, sanitary sewers and water mains.
[19] 
House numbers.
(b) 
If the Planning Board requires a development plan which is to be checked by the Borough Engineer, the subdivider shall deposit a sufficient fee to reimburse the Engineer for his work. The fee shall be commensurate with the work involved.
(8) 
The final plat map, after final approval by the Planning Board, shall be filed by the subdivider with the county recording officer within 95 days from the date of such approval. The Planning Board, for good cause, may extend the time for plat filing for a period not to exceed 190 days.
(9) 
No plat shall be accepted for filing by the county recording officer unless it has been duly approved by the Borough Planning Board and signed by its Chairman.
D. 
Construction of streets.
[Amended by Ord. No. 227]
(1) 
Duties of Borough Engineer.
(a) 
The Borough Engineer shall design and lay out all work in construction of streets where the work or project is built or constructed by the borough or any contractor hired by the borough to perform work for it, and shall include all paving, curbs, sidewalks, sanitary sewers, storm drains, drainage systems, and any other structure in the streets. The Borough Engineer shall in each case prepare all construction plans and profiles and shall set all grade stakes.
(b) 
Where any work is to be performed by a private contractor or by a private developer, for the development of private property, either performing the work or hiring a contractor to perform the work and as shown on a preliminary plat approved by the Planning Board, the work shall be subject to the inspection and approval by the Borough Engineer before it shall be finally approved or before any release or reduction of surety bonds for construction or maintenance of the streets by the borough. The Borough Engineer shall be required to inspect all plans and specifications for construction and approve them prior to commencement of work.
(c) 
The Borough Engineer shall not perform any work for or make any charges for work to be performed by any developer or contractor performing work in the borough for private development. He shall maintain a status as engineer that shall not conflict with his/her duties as Borough Engineer.
(d) 
The Borough Engineer shall submit vouchers for any work done by him/her to the borough detailing the work and the amounts to be charged therefor.
(2) 
Compliance with standard specifications. All construction of streets shall be in accordance with standard specifications of the borough which shall be in effect at the time construction is started.
(3) 
Fees for private construction. Any developer or contractor undertaking said street or related construction for private purposes shall deposit with the Borough Clerk a sum of money equal to 7% of the estimated cost of the improvements to cover all costs and expenses of inspection and supervision, engineering fees and legal expenses, except for preparation of the developer's agreement. All expenses of the Borough Engineer and other expenses arising out of private construction of streets shall be charged against such funds received as provided in this paragraph and any funds not expended shall be paid to the developer.
(4) 
Inspections by Borough Engineer. The Borough Engineer shall perform the following inspections in connection with the certification of improvements within any development:
(a) 
Prior to the start of any excavation work, the developer shall notify the Borough Engineer. At the time the Borough Engineer shall inspect the construction location and grade stakes, original ground conditions and weather conditions and shall decide whether work is to proceed or be delayed.
(b) 
During rough grade work the Borough Engineer shall conduct periodic inspections of work progress and investigate any subsurface conditions that are encountered. If, during the course of construction, unforeseen conditions, such as springs, aquifer layers, high groundwater tables and miscellaneous unknowns are encountered, it shall be at the discretion of the Borough Engineer whether or not the developer shall install additional catchbasins, storm drains, french drains, or any other drainage appurtenance.
(c) 
The Borough Engineer shall inspect all drainage trenches and storm drain pipes prior to any backfilling of the trenches. The storm drain pipes, pipe joints and pipe bedding shall be inspected by the Engineer before the trenches can be backfilled. All trenches shall be backfilled and tamped in accordance with standard specifications approved by the Borough Engineer.
(d) 
The Borough Engineer shall inspect excavation, subbase and pouring of curbs and sidewalks. Construction shall conform to plans and specifications and the tickets for these delivered-on-the-site materials shall be inspected to determine the quantities used.
(e) 
The Borough Engineer shall inspect and check the materials and amount of materials used for the subbase material. Materials shall conform to the requirements as set forth on the plans and specifications. When approval is given by the Borough Engineer, the work may proceed.
(f) 
The Borough Engineer shall inspect final pavement construction work during the course of construction. The pavement shall be constructed in accordance with the requirements as set forth on the plans and specifications as adopted by resolution of the Mayor and Council.
(g) 
The Borough Engineer shall inspect the site of grading of individual lots so as to avoid the creation of low spots on lawns and driveways.
(h) 
The installation of concrete monuments shall be inspected by the Borough Engineer.
(i) 
Utilities shall be inspected by the Borough Engineer in conjunction with the various utility companies concerned.
(j) 
The Borough Engineer shall perform tree inspection in conjunction with the Building Inspector to prevent the unnecessary destruction of trees of four inches diameter and greater.
(k) 
It shall be the responsibility of the Borough Engineer to file inspection reports of every inspection he makes with the Secretary of the Planning Board and Mayor and Council.

§ 195-6 Plat details.

A. 
Minor subdivision plat. The minor subdivision plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet, and shall be drawn or certified by a licensed New Jersey land surveyor, at any of the four sizes specified in the Map Filing Act: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; and 30 inches by 40 inches. It shall include or be accompanied by the following information:
[Amended by Ord. No. 273]
(1) 
The location and proposed boundaries, with distances and bearings, or that portion which is to be subdivided in relation to the entire tract.
(2) 
The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) 
Name and address of record owner or owners.
(b) 
Name and address of subdivider.
(c) 
Name and address of person who prepared map, and surveyor's license number.
(3) 
The names of all adjoining property owners as disclosed by the most recent municipal tax records.
(4) 
Bearings and distances of all sides and indication of any existing reference corners in the subdivision.
(5) 
Square foot area of all existing and proposed lots.
(6) 
Within the portion to be subdivided and within 200 feet, the location of existing streets, buildings, including indication of use, watercourses, bridges, culverts, drainpipes and any natural features, such as wooded areas and rock formations.
(7) 
Show all existing utilities and road improvements.
(8) 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points.
(9) 
Where a proposed or potential new building site is to be established, plans for water supply, sewage disposal, and storm drainage. When an individual water supply or sewage disposal system is proposed, the plan for such system shall be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the minor subdivision plat. Any subdivision which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.
(10) 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the minor subdivision plat.
B. 
Preliminary plat of major subdivision. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 200 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or by a planner holding full or associate membership in the American Institute of Planners. Any plat indicating design of engineering features shall be signed and sealed by a licensed New Jersey professional engineer. The plat shall be designed in compliance with the provisions of § 195-8 and shall show or be accompanied by the following information:
[Amended by Ord. No. 273; Ord. No. 304]
(1) 
A key map showing the entire subdivision and its relation to surrounding areas.
(2) 
The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
(a) 
Of the record owner or owners.
(b) 
Of the subdivider.
(c) 
Of the person who prepared the map.
(3) 
Acreage of tract to be subdivided to nearest 1/10 of an acre.
(4) 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross-sections and center-line profiles for all proposed new streets.
(5) 
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes, and any natural features, such as wooded areas and rock formations, and proposed areas to be dedicated for public use.
(6) 
Plans of proposed utility layouts, sewers, storm drains, water, gas and electricity, showing connections to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, i.e., septic tanks, the plan for such system must be approved by the appropriate local, county or state health agency, as required. When a public sewage disposal system is not available, the developer shall have adequate percolation tests and test pits and/or borings made and shall submit the results, including the character of soil formations and groundwater conditions, with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this chapter or applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency. In all subdivision applications, the approval of the local Board of Health of the borough is required.
(7) 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(8) 
Street widths.
(9) 
Corner radii.
(10) 
Approximate positions of proposed or existing monuments.
(11) 
Tentative grades of streets.
(12) 
Typical cross-sections of streets showing roadway paving.
(13) 
All existing buildings, including approximate dimensions, together with present and proposed use.
(14) 
Any lots where more than a single-family residence is proposed to be constructed, indicating for each such lot the approximate location and dimensions of the proposed building together with proposed use.
(15) 
Application forms as may be required by the Planning Board.
(16) 
In order that the Planning Board may assess the impact of the proposed major subdivision upon the natural environment, the preliminary plat shall be accompanied by an environmental impact statement, which shall contain information and analysis covering the items hereinafter set forth. The Planning Board, as part of its review procedures, shall take into consideration the effect of the applicant's proposal upon all aspects of the environment, including but not limited to sewage disposal, water quality, water supply, soil erosion, preservation of trees and vegetation, protection of watercourses, and the presence of any nuisance factors. The Planning Board shall not approve any subdivision hereunder unless it determines and finds that the proposed development will not result in unavoidable harmful effects to the natural environment, has been designed and conceived with a view towards the protection of natural resources, and will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals. The Planning Board may upon application and for a good cause waive the requirement for an environmental impact statement or for any of the specific requirements relating thereto as set forth hereunder. The environmental impact statement shall cover the following, but may refer to, without repeating, items of information called for above in this subsection:
(a) 
Description of development. The contours, buildings, roads, paved areas, proposed grading or regrading, existence of natural streams and the relationship of the premises to surrounding properties and existing utility lines shall be described.
(b) 
Sewerage facilities. It must be shown that permission has been obtained from the appropriate authority to connect with the borough or county sewerage system.
(c) 
Water supply. It must be shown that permission has been obtained from the appropriate authority to have an adequate supply of potable water supplied for the use intended.
(d) 
Drainage. It must be shown that stormwater runoff from the site is so controlled that on- and off-site erosion is neither caused nor worsened, and that potential of downstream flooding is not increased.
[1] 
Volume of stormwater runoff now existing from site and volume to be generated by new improvements, using a fifty-year design storm.
[2] 
Data on landscaping, vegetation map, tree and ground cover, existing on site compared with that proposed.
[3] 
Changes of runoff to be caused by change of such landscape and all roofs and paved surfaces.
[4] 
Plans for disposition of stormwater, whether by retention on site or means of channeling so as to protect downstream property.
[5] 
Stream encroachments. In the case of streams having a drainage area exceeding 1/2 square mile, an encroachment permit is required from the Division of Water Resources for fill or diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.
[6] 
Floodplains. Description of potential flood damages, including a summary of flood stages from state and federal sources.
[7] 
Submission of a sediment and erosion control plan drawn in accordance with the guidelines and standards adopted from time to time by the County Soil Conservation District.
(e) 
Critical impact areas. Plans should include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment.
[1] 
Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 20%, highly acid or highly erodible soils, areas of high water table, and mature stands of native vegetation, and aquifer recharge and discharge areas.
[2] 
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
[3] 
Environmental protective measures, procedures and schedules to minimize damage to critical impact areas.
(f) 
List of licenses. A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.
(g) 
Listing of adverse environmental impacts. A listing of all adverse environmental impacts, especially irreversible damage, that cannot be avoided.
(h) 
Assessment of the environmental impact. An assessment of the environmental impact of the project.
(i) 
Listing of steps. A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.
(17) 
A soil erosion and sediment control plan prepared by a licensed New Jersey professional engineer in accordance with specifications for soil erosion and sediment control of the Bergen County Soil Conservation District for certification, pursuant to c. 251 of the Laws of 1975, N.J.S.A. 4:24-39 et seq. The Planning Board shall not give unconditional approval to the preliminary plat until receipt of the Soil Conservation District certification. Any fees or expenses involved in the review by the District shall be the applicant's responsibility. Upon receipt of a report from the Bergen County Soil Conservation District the Planning Board shall require incorporation of soil erosion and sediment control measures as it deems appropriate as a condition of tentative approval of the preliminary plat.
C. 
Final plat of major subdivision. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all the provisions of Chapter 358 of the Laws of 1953. The final plat shall show or be accompanied by the following:
(1) 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
(2) 
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, bearings or deflection angles, and radii, arcs, and central angles of all curves.
(3) 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
(4) 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one.
(5) 
Minimum building setback line on all lots and other sites, in accordance with the requirements of Chapter 220, Zoning, for the area to be subdivided, with proper dimensions.
(6) 
Location and description of all monuments.
(7) 
Names of owners of adjoining unsubdivided land, as they appear on municipal tax records.
(8) 
Certification by engineer or surveyor as to accuracy of details of plat.
(9) 
Certification that the applicant is agent or owner of the land, or that the owner has given consent.
(10) 
When approval of a plat is required by any officer or body of such a municipality, county or state, approval shall be certified on the plat.
(11) 
Cross-sections and profiles of streets, approved by the Borough Engineer, may be required to accompany the final plat.
(12) 
Contours at five-foot intervals for slopes averaging 10% or greater, and at two-foot intervals for land of lesser slope.
(13) 
Plans and profiles of storm and sanitary sewers and water mains.
(14) 
Certificate from Tax Collector that all taxes are paid to date.
(15) 
Right-of-way requirements for widening existing streams and for providing future floodway areas, with accurate dimensions and bearings and other engineering data.
(16) 
A North point with indication of datum used.
(17) 
Appropriate title block showing the proposed name of the development and the name and license number of the engineer.
(18) 
Approval block for signature and seal of the Borough Engineer.
(19) 
Approval block for signature of the Bergen County Planning Board.
(20) 
Approval block for signature of the Borough Planning Board.
(21) 
Approval block for signature of the Borough Clerk.
(22) 
Application blanks as may be required by the Planning Board.
D. 
Off-tract improvements. Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:
[Amended by Ord. No. 273]
(1) 
Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application, and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements, in the manner provided hereafter and as otherwise provided by law.
(2) 
Contributions by developer toward required off-tract improvements.
(a) 
In cases where the need for any off-tract improvement is necessitated by the proposed development application, and where the Planning Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Board in writing. Such resolution or determination of the Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required the Board shall be guided by the rules and regulations specified in Chapter 220, Zoning, of the borough and the Borough Master Plan. The Board may also be guided by counsel from the Board attorney, engineer, planning consultant and other qualified experts and municipal officials relative to the subject matter.
(b) 
In the event that the Board determines that one or more improvements constitute an off-tract improvement, the Board shall notify the Borough Council of same specifying the Board's recommendation relative to the estimated cost of same, the applicant's prorated share of the cost, and possible methods or means to implement same including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
(c) 
The Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed by both the applicant and the Borough Council and a written resolution to that effect by the Borough Council has been transmitted to the Board.
(3) 
Methods of implementation.
(a) 
Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.
(b) 
Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the Board, the agreement shall be approved as to form, sufficiency and execution by the Board attorney and Borough Attorney. Such agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the borough.
(c) 
Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
[1] 
Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the borough;
[2] 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided; or
[3] 
Where the applicant, where legally permissible, can undertake the improvements in lieu of the municipality, subject to standards and other conditions as may be imposed by the borough.
(d) 
Cash contributions, method of payment. Where a cash contribution is required by this chapter such contribution shall be deposited with the Treasurer of the borough with a copy of the applicant's transmittal letter forwarded to the Borough Council, the Borough Engineer and the Board. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds may be retained by the borough and may be used for general municipal purposes, but in such event, neither the applicant nor any of his heirs, executors, administrators, or grantees shall be liable to the borough for any assessment for the purpose of installing any of the improvements for which the cash contribution was made.
(4) 
Prorated formula for determining applicant's share of off-tract improvements. Where an off-tract improvement is required the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
(a) 
Street widening. Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements: the applicant's proportionate share shall be in the ratio of the estimated peak hour traffic capacity of the present facility, and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(b) 
Water distribution facilities. Water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(c) 
Sanitary sewage distribution facilities. Sanitary sewage distribution facilities including the installation, relocation, or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minutes to the sum of the present peak flow deficiency in the existing system or subsystem and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
(d) 
Stormwater; drainage improvements. Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system measured in cubic feet per second to the sum of the existing peak flow in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies. Applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, applicant shall furnish all drainage rights-of-way deemed to be necessary by the Board.
(e) 
General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Board shall also determine the pro rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.

§ 195-7 Improvements.

[Amended by Ord. No. 273]
A. 
Required improvements. After the granting of conditional approval of the final plat, but before final approval, the subdivider shall have installed or shall have furnished performance guaranties together with a satisfactory time schedule for the completion of improvements in relation to the construction and occupancy of the buildings, to which schedule the issuance of certificates of occupancy shall be related, as follows:
(1) 
Streets.
(2) 
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. The requirements of the Alpine ordinance on topsoil removal[1] shall be complied with.
[1]
Editor's Note: See Ch. 185, Soil Fill and Soil Removal.
(3) 
Monuments shall be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statute.
(4) 
Ordinance of the Borough of Alpine setting forth minimum requirements for the acceptance of streets.[2]
[2]
Editor's Note: See Ch. 192, Streets and Sidewalks, Art. V, Street Acceptances.
(5) 
Building code of Alpine.[3]
[3]
Editor's Note: See Ch. 97, Construction Codes, Uniform.
(6) 
Chapter 220, Zoning, of Alpine.
(7) 
Water mains, culverts, storm sewers and sanitary sewers shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. All the above-listed improvements shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
B. 
Performance guaranty.
(1) 
No final plat shall be approved by the Planning Board until the completion of all required improvements has been certified to the Planning Board by the Borough Engineer unless the person, firm, or corporation responsible for the work shall furnish a performance guaranty in the amount of 120% of the construction cost of the required improvements as estimated by the Borough Engineer, drawn in favor of the Borough of Alpine. This performance guaranty shall be given to ensure compliance with the specifications of the borough, and shall also ensure the completion of the work to be undertaken.
(2) 
The performance guaranty may be wholly in cash or an equivalent acceptable to the Council or the performance guaranty may consist of a performance bond which shall be issued by a bonding or surety company approved by the Council and in an amount equal to 120% of the estimated cost of construction as set forth by the Borough Engineer. In addition to the surety bond there shall be deposited with the borough cash or an acceptable equivalent in an amount equal to 10% of the estimated construction costs. All performance guaranties or bonds shall be subject to approval by the Borough Attorney as to form, sufficiency and execution.
(3) 
The performance bond shall run for a period to be fixed by the Planning Board, but in no case for a term of more than three years. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Borough Council by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined at of the time of the passage of the resolution.
(4) 
If the required improvements are not completed or corrected in accordance with the performance guaranties, the obligor and surety, if any, shall be liable thereon to the borough for the reasonable cost of the improvements not completed or corrected, and the borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
(5) 
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Council, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
(6) 
The Borough Council shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto no 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 the performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the Borough Council 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 for such improvements.
(7) 
If any portion of the required improvements are 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.
(8) 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.
(9) 
The obligor shall reimburse the borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements; and the borough may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection.
(10) 
In the event that final approval is by stages or sections of development, pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
(11) 
Upon completion of the construction, the person responsible for the work shall deliver to the Borough Council a maintenance bond in an amount equal to 25% of the performance guaranty indicated above. This bond shall cover a period of two years from the day of the acceptance of the work. The bond shall guarantee in general all workmanship and materials and shall specifically include curbs and sidewalks which have cracked, or are out of line or grade, and pavement which has settled due to faulty subgrade work. The bond shall be approved by the Council after approval by the Borough Attorney as to form, sufficiency and execution.

§ 195-8 Design standards.

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 the proposals and conditions shown on the Official Map and the Master Plan. The streets, drainage right-of-way, school sites, public parks and playgrounds shown on the Master Plan and Official Map shall be considered in approval of subdivision plats.
B. 
Streets. In general, streets should conform to the following requirements:
(1) 
Conform to the Master Plan and Official Map as to approximate location and width.
(2) 
Tend to form street pattern which will furnish as direct access as feasible from the homes to the center of the borough.
(3) 
Be adapted to topographic features of the land. The right-of-way width, grades, provisions as to culs-de-sac, curves, intersections and block length shall conform to the ordinance setting forth the minimum requirements for the acceptance of roads.[1]
[1]
Editor's Note: See Ch. 192, Streets and Sidewalks, Art. V, Street Acceptances.
(4) 
Afford connection for adjacent future development.
(5) 
Be named so as to avoid ambiguity and confusion.
(6) 
Street intersections shall be at right angles wherever possible and intersections of less than 70º (measured center line to center line) shall not be permitted.
(7) 
Include dead-end streets only when unavoidable. A cul-de-sac shall be no longer than 400 feet except when the four-hundred-foot maximum length would not accommodate a total of eight lots including corner lots. In such a case the maximum length of the cul-de-sac shall be four times the required minimum lot width specified in Chapter 220, Zoning, for the district in which it is located. On each cul-de-sac, a turnaround having an outside radius of at least 50 feet or satisfactory equivalent turning area shall be provided.
(8) 
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 Planning Board.
(9) 
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 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.
(10) 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(11) 
Where a subdivision abuts any one or more of the following highways, streets or proposed streets: Palisades Interstate Parkway, Route 9-W, Proposed Bergen County East-West Highway, Hillside Avenue, Anderson Avenue, Closter Dock Road; or any route of comparable intermunicipal importance proposed in the Borough Master Plan or Official Map, the Planning Board may require either:
(a) 
A marginal access street along such highway or street; or
(b) 
Reverse frontage so that the lots contiguous to such highway or street will front on an internal street, with a buffer strip for planting provided along the highway or street; or
(c) 
Such other means of separating through and local traffic as the Planning Board may determine to be appropriate.
(12) 
Right-of-way width, measured from lot line to lot line, shall not be less than 50 feet or as specified in the Master Plan or Official Map.
(13) 
Grades of primary and collector streets shall not exceed 6%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.
(14) 
No more than two streets shall cross at the same point.
(15) 
In general, tangents of at least the following lengths shall be introduced between reverse curves:
(a) 
On primary streets: 200 feet.
(b) 
On collector streets: 100 feet.
(c) 
On minor and marginal access streets: 50 feet.
(16) 
When street lines deflect by more than 10º, they shall be connected by curves with at least the following center-line radii:
(a) 
On primary streets: 300 feet.
(b) 
On collector streets: 300 feet.
(c) 
On minor and marginal access streets: 100 feet.
(17) 
Clear sight distance along the center lines of collector and primary streets shall be maintained at not less than 300 feet.
(18) 
Access by street shall be provided for all lots in the subdivision and adjacent tracts. The subdivider shall improve all streets to the limit of the subdivision.
(19) 
Provision of half streets, except to complete existing half streets, is prohibited.
(20) 
Drainage on all roads to be maintained so that the natural groundwater is not impaired by development. Drainage facilities are to be provided where groundwater flow is impaired.
C. 
Lots. Applicable to both simple or minor and regular or major subdivisions:
(1) 
The area and width of lots and setback requirements shall conform to the requirements of Chapter 220, Zoning.
(2) 
Lot lines, other than street frontages, should be straight lines or follow topographic features.
(3) 
Side lot lines should be at right angles to straight streets and radial to curved streets.
(4) 
Intersecting property lines on corner lots adjacent to the street lines should be rounded with a curve of suitable radius, of at least 15 feet.
(5) 
Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets which have been approved by the Mayor and Council for a lesser width in accordance with regulations of the borough.
(6) 
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.
(7) 
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 Planning Board may, after adequate investigation, withhold approval of such lots.
D. 
Public use and service areas.
(1) 
Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and further width or construction, or both, as will be adequate for the purpose.
(2) 
Natural features such as trees, brooks, hilltops and views and contour lines shall be preserved whenever possible in designing any subdivision containing such features.
E. 
Blocks. Block lengths shall not be less than 500 feet nor more then 12 times the minimum lot width required for the zoning district in which the block is located, or 1,300 feet, whichever is greater. Blocks along major highways and primary streets shall not be less than 800 feet long. Public crosswalks 12 feet wide may be required for blocks longer than 1,000 feet from the ends of the culs-de-sac or elsewhere when required for public convenience, including the provision of walks giving access to schools and playgrounds.
F. 
Utilities.
(1) 
All properties shall be connected to a public sanitary sewer system and to a public water supply system if accessible.
(2) 
Installation of all sewer, water and other utilities shall be in strict accordance with the engineering standards and specifications of the Borough Engineer, municipal authority of the utility concerned.
(3) 
All utility facilities including telephone and electric lines, gas, water, and any and all other utility facilities which may be installed shall be installed underground. This requirement shall apply to all zones whether residential, commercial or otherwise and to all types of structures whether residential, commercial, or otherwise, and to all types of utility installations and whether for private or public purposes or use. Temporary use for purposes of construction may be made of poles, overhead wires or aboveground conduits, provided the same do not interfere with public safety and are removed immediately after temporary use is ended.
(4) 
Upon exceptional hardship being shown because of unusual topographic or other natural conditions, the Planning Board may recommend favorably to the Council that the foregoing requirements be waived in whole or in part as to permanent underground installation of utilities. If the Council shall by majority vote of the entire body approve the recommendation of the Planning Board as to waiver, the waiver shall then be effected and deemed granted to the applicant.

§ 195-9 Fees.

[Amended by Ord. No. 273; Ord. No. 414]
A. 
An application for subdivision of land shall be accompanied by a deposit to cover the cost of review services provided by the Borough Engineer, planning consultant, Borough Attorney, Board attorney and other borough personnel, the publication of notices and other required expenses. The Borough Clerk shall place the deposit in the borough trust account in the name of the applicant and shall charge thereto all such disbursements. The amount of the deposit shall be determined as follows:
(1) 
Major subdivision.
(a) 
Final plat, per lot: $300.
(b) 
Preliminary plat, per lot: $300.
(2) 
Minor subdivision plat, per lot: $300.
B. 
Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any approved plat is returned to the applicant. The inspection fee deposit for the installation of improvements shall be 2% of the estimated improvement costs.
C. 
An application for connection to a public sanitary sewer system located in an adjoining municipality shall be accompanied by a deposit of $2,500 to cover the cost of review services provided by the Borough Engineer, planning consultant, Borough Attorney, and other borough personnel, the publication of notices and other required expenses. The Borough Clerk shall place the deposit in the borough trust account in the name of the applicant and shall charge thereto all such disbursements. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of deposit, sufficient additional funds shall be deposited before any approved application is returned to the applicant.
[Added 5-20-1996 by Ord. No. 522]

§ 195-10 Violations and penalties.

[Amended by Ord. No. 273]
A. 
Failure to obtain subdivision approval. 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 Planning Board or Zoning Board is required to act, such person shall be subject to a fine not to exceed $1,000 and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.
B. 
Other violations. In addition to the foregoing, the borough may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with the provisions of 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 that remains in the possession of the subdivider or his/her 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 such land or within six years, if unrecorded.

§ 195-11 Administration and enforcement.

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 subdivider or his/her agent can clearly demonstrate that, because of peculiar conditions pertaining to the land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning 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.