Subdivisions within the City of Hackensack are
hereby regulated by and made subject to the provisions of this chapter.
This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of the City of Hackensack."
The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
City of Hackensack 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.
A.
The provisions of this chapter shall be administered
by the Hackensack Planning Board in accordance with Section 14 of
Chapter 433 of the Laws of 1953 of New Jersey.
B.
The rules, regulations and standards prescribed in
this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the City of Hackensack. Any action on subdivisions 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.
C.
However, if the subdivider can clearly demonstrate that, because of peculiar conditions pertaining to his 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 and regulations and standards established by this chapter; provided, however, the Planning Board shall have no authority to vary the provisions of § 150-29 of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Provision for the movement of people, goods, water, sewage
or power by means of streets, highways, pipes, conduits or other means,
and including facilities for transit, transportation and communication.
The lands required for the 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 Chapter 1 of Title 58 of the Revised Statutes.
The final map submitted to the Planning Board for final approval
in accordance with the regulations of this chapter.
A parcel of land separated from other parcels or portions
of land, for purpose of sale, lease or separate use, by means of a
description, as on a subdivision or on a recorded map, or by metes
and bounds description.
Any subdivision not a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board under Section 10 of the Municipal
Planning Act (1953) (N.J.R.S. 40:55-1.10).
Any subdivision of lots, tracts or parcels, all of which
front on an existing improved state, county or municipal street and
having an aggregate frontage on said street of not more than 250 feet,
provided that:
A map adopted in accordance with the Official Map and Building
Permit Act (1953) (R.S. Cum. Suppl. 40:55-1.30 et seq.). 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.
Any person, firm, association, partnership or corporation
owning or controlling property, including a duly authorized agent
or attorney thereof. Guardians, conservators or trustees shall also
be regarded as "owners."
Any security which may be accepted under Section 22 of the
Municipal Planning Act (1953) (N.J.R.S. 40:55-1.20) in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
The Planning Board of the City of Hackensack, in the County
of Bergen.
Any map, sketch or plan showing the subdivision of land.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Planning Board for consideration
and tentative approval.
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 under this chapter,
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.
Any person 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, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development; except that
the following divisions shall not be considered "subdivisions" within
the meaning of this chapter unless new streets or roads are involved:
Division of land for agricultural purposes where the resulting
parcels are three acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order.
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"Subdivision" also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or the lands
or territory divided.
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[Amended 4-15-1974 by Ord. No. 1-74]
A.
The following subdivisions or resubdivisions shall
not require Planning Board approval; however, a certificate of exemption
must nevertheless be endorsed upon the plat, deed or instrument to
be filed with the County Clerk in connection with any such subdivision
or resubdivision, said endorsement to be made by the Chairman of the
Planning Board and the Community Affairs Department:
(1)
Divisions, subdivisions or resubdivisions of vacant
land consisting of a combination of two or more entire original lots,
each 20 feet or more in width; provided, however, that:
(a)
The said original lots are shown on the current
tax assessment map of the city.
(b)
Each of the new lots to be formed and each of
the lots which may remain after the division or subdivision meet the
minimum zoning requirements for the district in which said lot or
lots are located.[1]
(c)
All of said lot or lots to be so divided or
subdivided abut paved streets.
B.
Applications for certificates of exemption shall be
made on forms provided by the Planning Board and shall include, in
addition to such other information as the Planning Board may require,
a certified list of all contiguous lots, by lot and block number,
as shown on the current tax assessment map and owned by the applicant,
designating those for which application for exemption is made. The
said application for exemption shall be submitted to the Community
Affairs Department, which in turn shall transmit the application forthwith
to the Chairman of the Planning Board, who shall, within seven days
from the receipt thereof, determine whether or not the proposed subdivision
qualifies for exemption under the terms of this section. If the Chairman
of the Planning Board shall determine that the subdivision is not
one qualified for exemption, he shall return the application forthwith
to the Community Affairs Department for forwarding to the applicant,
with instructions that the applicant proceed to perfect a minor or
major subdivision application, as the case may be.
C.
The following shall be the fees for review of applications
for exempted subdivisions, all classes: $25.
[Added 9-15-1980 by Ord. No. 25-80;
amended 10-19-1981 by Ord. No. 8-81]
