This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of the Borough of North Haledon."
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision in the Borough
in order to promote its public health, safety, convenience and general
welfare. It shall be administered to ensure orderly growth and development,
conservation, protection and proper use of land and adequate provision
for circulation, utilities and services.
The provisions of this chapter shall be administered
by the Borough Planning Board in accordance with the provisions of
law.
As used in this chapter, the following terms
shall have the meanings indicated:
To unite or subjoin one or more tracts, lots or parcels of land to any existing adjacent one or more tracts, lots or parcels of land. Any such annexation shall be subject to all conditions and requirements of this chapter. In the event that the same, in the discretion of the Planning Board, shall be treated as a minor subdivision, an application fee as provided in Chapter 275, Fees, shall be charged.
[Amended 5-9-1990 by Ord. No. 5-1990]
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 N.J.S.A.
58:1-1 to 58:1-34.[1]
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
A parcel or portion of land separated from other parcels
or portions by description as on a subdivision or record or survey
map or by metes and bounds for the purpose of sale, lease or separate
use.
All subdivisions not classified as minor subdivisions.
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 pursuant to the provisions of law.
Any subdivision containing not more than three lots fronting upon an improved street and involving no streets failing to meet the requirements of Chapter 523, Streets and Sidewalks, Article IV, Construction Standards, or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 600, Zoning, or this chapter.
A map adopted in accordance with the provisions of law. Such
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 individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
Any security, in accordance with the provisions of law, 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.
The Planning Board of the Borough of North Haledon.
Any map or plan showing a subdivision.
The proposed layout of the subdivision which is submitted for Planning Board consideration and tentative approval and meets the requirements of Article III.
The land required for installation and maintenance of sanitary
sewers.
Chapter 479, Sewers, of the Code of the Borough of North Haledon, adopted by the Borough of North Haledon.
Any street, avenue, boulevard, road, land, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way on a plat
duly filed and recorded in the office of the county recording officer
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats and includes the land between the
street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines.
For the purpose of this chapter, streets shall
be classified as follows:
IMPROVED STREETAny street, avenue, boulevard, road, land, parkway, viaduct, alley, municipal roadway or county roadway which has been completely improved pursuant to Chapter 523, Streets and Sidewalks, Article IV, Construction Standards.
PRIMARY STREETSThose which are used primarily for fast and heavy traffic.
COLLECTOR STREETSThose which carry traffic from local access streets to primary streets, including the principal entrance streets of a subdivision and streets for circulation within a subdivision.
LOCAL ACCESS STREETSThose streets which are used primarily for access to abutting properties and carry relatively low traffic volume.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediately or in the future, of sale, lease or building development, except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved: division of property by testamentary or intestate provisions; divisions of property upon court order; or for tax allocation purposes, and provided further that no such division shall result in parcels of land smaller than the minimum size permitted in that district by Chapter 600, Zoning.
"Subdivision" also includes resubdivision and,
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
Chapter 600, Zoning, of the Code of the Borough of North Haledon, adopted by the Borough of North Haledon.
[1]
Editor's Note: N.J.S.A. 58:1-1 to 58:1-34
was repealed. See now N.J.S.A. 58:1A-1 et seq.
No person shall subdivide or annex lands in
the Borough without first having secured the approval of the Planning
Board of the Borough, which Board shall administer the provisions
of this chapter in accordance with Section 14 of Chapter 433 of the
Laws of 1953 (N.J.S.A. 40:55-1.1 to 40:55-1.29).[1]
[1]
Editor's Note: This law was repealed by L.
1975, c. 291, effective August 1, 1976. See now N.J.S.A. 40:55D-1
et seq., the Municipal Land Use Law.
