This chapter shall be known as the "Subdivision and Site Plan Ordinance"
of the Borough of New Providence.
The purpose of this chapter shall be to provide rules, regulations and
standards to guide land use and development in the Borough of New Providence
in order to promote the public health, safety, convenience and general welfare
of the Borough. 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.
All definitions found in the Municipal Land Use Law and the Zoning Ordinance
of the Borough of New Providence shall apply to this chapter.
All subdivision and site plan applications shall conform to the applicable
provisions of the Zoning Ordinance, the Land Use Procedures Ordinance and this chapter.
A. Informal. Developers are encouraged to request an informal
review of a concept plan for a development for which the developer intends
to prepare and submit an application. The developer shall not be bound by
any concept plan for which review is requested, and the reviewing board shall
not be bound by any such review.
B. Minor.
(1) Applications for development that conform to the definition
of "minor subdivision" or "minor site plan" shall be classified as minor applications.
(2) Sketch plats shall be required for minor subdivision
applications. Other plats and engineering documents required for major subdivisions
shall not be required.
C. Site plan and major subdivision.
(1) Applications not conforming to the definitions for minor
site plan or minor subdivision shall be classified as site plan and major
subdivision applications, respectively.
(2) Subdivision plats and site plans shall contain the information
specified in §§
305-17 and
305-18 of this chapter and shall
be submitted to the secretary of the reviewing board, in conformance with
the requirements of the Land Use Procedures Ordinance.
(3) Additional information required to make an informed decision
as to whether the application meets the requirements of this chapter are specified
on the application forms and in their instructions and shall be submitted
along with the site plan and plats.
(4) The principles and standards to be used in evaluating
an application are specified in §§
305-10,
305-11 and
305-12
of this chapter.
(5) Subdivision plats, site plans and any engineering documents
may be submitted in tentative form for discussion purposes for preliminary
approval. All architectural plans submitted for preliminary site plan approval
shall be sufficient if they contain preliminary plans and elevations.
(6) If the reviewing board requires any substantial amendment
in the layout of improvements proposed by the developer that have been the
subject of a hearing, an amended application shall be submitted and processed,
as in the case of the original application for development.
D. Planned developments.
(1) Applications for development that conform to the definition
for planned commercial development, planned development, planned unit development,
planned unit residential development or residential cluster shall be classified
as planned development applications.
(2) Subdivision plats and site plans for planned developments
shall include all information required for site plan and major subdivision
applications.
(3) Additional information required to make an informed decision
as to whether the application meets the requirements of this chapter and the
Zoning Ordinance are specified on the application forms and in their instructions
and shall be submitted along with the site plans and plats.
(4) Applications for final approval for planned unit developments,
planned unit residential developments or residential clusters may include
minimal deviations from the conditions of preliminary approval necessitated
by change of conditions beyond the control of the developer since the date
of preliminary approval. The developer, in these situations, shall not be
required to submit another application for development for preliminary approval.
The subdivider shall observe the following requirements and principles
of land subdivision in the design of each subdivision or portion thereof:
A. General. The subdivision plat shall conform to design
standards that will encourage good development patterns within the borough
and shall conform to the proposals and conditions shown in the Master Plan
and the Official Map. The streets, drainage, rights-of-way, school sites,
public parks and playgrounds shown in the Master Plan or on the Official Map
shall be considered in the approval of subdivision plats.
B. Streets. Streets shall be such as to lend themselves
to the harmonious development of the borough and enhance the public welfare
in accordance with the following design standards:
(1) The arrangement of streets not shown on the Master Plan
or Official Map shall be such as to provide for the appropriate extension
of existing streets.
(2) Minor streets shall be so designed as to discourage through
traffic.
(3) Subdivisions abutting arterial streets shall provide
a marginal service road or reverse frontage with a buffer strip for planting
or some other means of separation of through and local traffic as the reviewing
board may determine appropriate.
(4) The right-of-way width for all streets shall be measured
from lot line to lot line and shall not be less than 50 feet, except that
the right-of-way width for minor streets, internal roads and alleys shall
be determined on an individual basis and shall in all cases be of sufficient
width and design to safely accommodate the maximum traffic, parking and loading
needs and maximum access for fire-fighting equipment.
(5) No subdivision showing reserve strips controlling access
to streets shall be approved except where the control and disposal of land
comprising such strips has been placed with the Mayor and Borough Council
under conditions approved by the reviewing board.
(6) Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or the Official
Map or the street width requirements of this chapter shall dedicate additional
width along one or both sides of said streets. If the subdivision is along
one side of said street only, one-half (1/2) of the required extra width shall
be dedicated.
(7) Grades of arterial and collector streets shall not exceed
4%. Grades on other streets shall not exceed 10%. No street shall have a minimum
grade less than one-half of one percent (1/2 of 1%). Maximum grade within
any intersection shall not exceed 3%, and approaches to any intersection shall
follow a straight course within 100 feet of the intersection. Streets shall
follow the contours of the land wherever possible.
(8) Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60°. The block corners
of intersections shall be rounded at the curbline with a curve having a radius
of not less than 20 feet and shall have a clear sight angle of not less than
30 feet at the street and lot line.
(9) Street jogs with center line offsets of less than 125
feet shall be prohibited.
(10) A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(11) When connecting street lines deflect from each other
at any one point by more than 10° and not more than 45°, they shall
be connected by a curve with a radius of not less than 100 feet for minor
streets and 300 feet for arterial and collector streets.
(12) All changes in grade shall be connected by vertical curves
with a rate of change not to exceed 4% per 100 feet of road, provided that
the following clear sight distance is maintained at all points on the road:
(a) For arterial streets: 300 feet.
(b) For all other streets: 200 feet.
(13) Dead-end streets.
(a) Dead-end streets (culs-de-sac) shall be no longer than
600 feet and shall provide a turnaround at the end with a radius of not less
than 50 feet and tangent whenever possible to the right side of the street.
(b) If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
(14) No street shall have a name which will duplicate or be
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name, unless the
reviewing board waives this requirement. All street names shall be subject
to approval by the reviewing board.
C. Blocks.
(1) Block length and width or acreage within bounding roads
shall be such as to accommodate the size of the lot required in the area by
the Zoning Ordinance and to provide for convenient access, circulation control and
safety of street traffic.
(2) Pedestrian crosswalks.
(a) In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the reviewing board.
(b) Such walkway shall be 10 feet wide and be straight from
street to street.
(3) For commercial, group-housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for such use.
D. Lots.
(1) Lot dimensions and area shall not be less than the requirements
of the Zoning Ordinance.
(2) In so far as is practical, side lot lines shall be at
right angles to straight streets and radial to curved streets.
(3) Each lot must front upon an approved street at least
50 feet in width.
(4) Where extra width has been dedicated for the widening
of existing streets, lots shall begin at such extra wide line, and all setbacks
shall be measured from such line.
(5) Where there is a question as to the suitability of a
lot or lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the reviewing board may, after
adequate investigation, withhold approval of such lots.
E. Public use and service areas.
(1) In large-scale developments, easements along rear property
lines or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the companies
and borough departments concerned.
(2) Where a subdivision is traversed by a watercourse, public
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 such further width or construction, or both, as will be adequate for the
purpose.
(3) Natural features, such as trees, brooks and land contours,
shall be preserved whenever possible in designing any subdivision containing
such features.
F. Other requirements. Any required walkways, curbs, gutters,
streetlights, shade trees, fire hydrants and water, drainage and sewerage
facilities and other improvements as shall be found necessary shall be provided
as required by the Borough Engineer.
G. Flexible designs. A developer may submit a subdivision
application for a conventional subdivision varying the lot areas and dimensions
and yards and setbacks otherwise required by the Zoning Ordinance in such a way that the average lot areas and dimensions, yards
and setbacks within the subdivision conform to the conventional norms so that
the flexibility, economy and environmental soundness in layout and design
is enhanced, provided that such variations shall be appropriate to the type
of development permitted.
The following criteria have been set forth as a guide for evaluating
the adequacy of proposed development in the borough. The Planning Board or
Board of Adjustment shall review the site plan for compliance with all applicable
ordinances and the Master Plan; for harmony with surrounding uses and the
overall plan for development of the borough; for the promotion of the health,
safety, order, efficiency and economy of the borough; and for the maintenance
of property values and the general welfare. Based upon its review and the
degree to which it can make positive findings, the reviewing agency may approve,
conditionally approve, request modifications or deny approval of the site
plan based on evaluation of the site plans details with respect to the following:
A. Pedestrian and vehicular traffic.
(1) Pedestrian and vehicular traffic and movement within
and adjacent to the site, with particular emphasis on the provision and layout
of parking areas, off-street loading and unloading and the movement of people,
goods and vehicles from access roads, within the site, between buildings and
between buildings and vehicles. The reviewing board shall ensure that all
parking spaces are usable and are safely and conveniently arranged.
(2) Access to the site from adjacent roads shall be designed
so as to interfere as little as possible with traffic flow on these roads
and to permit vehicles a rapid and safe ingress and egress to the site.
B. Building design. The design and layout of buildings and
parking areas shall be reviewed so as to provide an aesthetically pleasing
design and efficient arrangement. Particular attention shall be given to safety
and fire protection, impact on surrounding development and contiguous and
adjacent buildings and lands.
C. Lighting. Adequate lighting shall be provided to ensure
safe movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the reviewing board. Directional lights
shall be arranged so as to minimize glare and reflection on adjacent properties.
D. Buffer areas. Buffering shall be located around the perimeter
of the site to minimize headlights of vehicles, noise, light from structures
and the movement of people and vehicles and to shield activities from adjacent
properties when necessary. Buffering may consist of fencing, evergreens, shrubs,
bushes, deciduous trees or combinations thereof to achieve the stated objectives.
E. Landscaping. Landscaping shall be provided as part of
the overall site plan design and integrated into building arrangements, topography
and parking and buffering requirements. Landscaping shall include trees, bushes,
shrubs, ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative manner.
F. Signs. Signs shall be designed so as to be aesthetically
pleasing, harmonious with other signs on the site and located so as to achieve
their purpose without constituting hazards to vehicles and pedestrians.
G. Water, storm and sanitary facilities. Storm drainage,
sanitary waste disposal, water supply and solid waste disposal shall be reviewed
and considered. Particular emphasis shall be given to the adequacy of existing
systems and the need for improvements, both on-site and off-site, to adequately
carry runoff and sewage and to maintain an adequate supply of water at sufficient
pressure.
H. Solid waste disposal. Solid waste disposal shall be adequate
to ensure freedom from vermin and rodent infestation. All disposal systems
shall meet borough specifications as to installation and construction.
I. Environment. Environmental elements relating to soil
erosion, preservation of trees, protection of watercourses and resources,
noise, topography, soil and animal life shall be reviewed, and the design
of the plan shall minimize any adverse impact on these elements.
J. Flood areas. Developments in land designated as subject
to flooding to avoid danger to life or property.
K. Conservation of energy. Conservation of energy and use
of renewable energy sources.
L. Recycling. Provisions for recycling of reusable materials
in conformance with borough ordinances.
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 of New Providence. Any action taken by the Planning
Board, Board of Adjustment or the Mayor and Borough Council under the terms
of this chapter shall be given primary consideration to the above-mentioned
matters and to the welfare of the entire community.