This chapter may be cited and referred to as
the "Land Subdivision and Site Plan Ordinance of the City of Bordentown
of 1977."
This chapter is enacted pursuant to the authority
granted by Chapter 291, Laws of 1975, commonly cited and referred
to as the "Municipal Land Use Law" (N.J.S.A. 40:55D-1 et seq.).
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision and site planning
in the City of Bordentown in a manner which will promote the public
health, safety, morals and general welfare. It shall be administered
to ensure an orderly growth and development which will not conflict
with the development and general welfare of neighboring municipalities,
the county and the state as a whole and to ensure adequate and suitable
streets, water supply, drainage, shade trees, sewerage facilities
and other necessary utilities, public area and open space, protection
from flooding and conservation of soils and to promote desirable visual
environment through creative development techniques and good civic
design and arrangements.
A.Â
ADVERSE EFFECT
AGRICULTURAL PURPOSES
APPLICANT
APPLICATION
BOARD
CARTWAY
CIRCULATION
CLERK
DAYS
DRAINAGE
EASEMENT
EROSION
FINAL APPROVAL
INTERESTED PARTY
LOT
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MINOR SUBDIVISION
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTY
PLANNING BOARD
PLAT
(1)Â
(2)Â
PRELIMINARY APPROVAL
PUBLIC AREAS
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
RESUBDIVISION
SECRETARY
SEDIMENTATION
SITE PLAN
STREET
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
SUBDIVISION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(2)Â
VARIANCE
For the purposes of this chapter, unless the context
clearly indicates a different meaning, the following definitions shall
apply:
Conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe or unsatisfactory conditions on
a subdivider's property or any adjacent property, such as inadequate
drainage facilities; insufficient street width; unsuitable street
grades; unsuitable street location to accommodate prospective traffic
or coordinate and compose a convenient traffic system; locating lots
in a manner not adaptable for the intended purpose without danger
to health or peril from flood, fire, erosion or other menace; providing
for lots of insufficient size; and neither providing nor making future
allowance for other facilities required by this chapter; or otherwise
in derogation of the Master Plan.
For purposes of exempting a division of land from the provisions
of this chapter, land that will be used solely for growing and harvesting
of crops, including nursery stock and sod, and/or the raising and
breeding of animals and on which no structure other than a fence or
a building to contain livestock or for storage will be erected, or
a building suitable for human habitation, provided that such building
will be located on a lot of at least 10 acres.
Any owner, or authorized representative having written consent
from the legal owners, submitting an application for review and approval
for land subdivision or site plan approval in accordance with this
chapter, and also sometimes referred to as a "developer."
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat or a site plan.
The Planning Board of the City of Bordentown, Burlington
County, New Jersey.
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the "cartway" is that portion between the curbs.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits;
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
The City Clerk of the City of Bordentown.
Calendar days.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation or particular
persons for specified uses.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
Any person, whether residing within or without the city,
whose right to use, acquire or enjoy property is or may be affected
by any action taken under this chapter or whose rights to use, acquire
or enjoy property under this chapter or under any law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under this chapter.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any security, other than cash, which may be accepted by the
city for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the city adopted pursuant to N.J.S.A. 40:55D-28.
A subdivision of land that does not involve the creation
of more than three lots, including the remaining portion of the tract,
but not including any land offered to the city for road-widening purposes;
any new street; or the extension of any off-tract improvement, provided
that the proposed subdivision does not create a condition which directly
or indirectly adversely affects the development of either the remainder
of the tract or nearby property.
A map adopted in accordance with the Official Map and Building
Permit Act, N.J.S.A. 40:55-1.30 et seq.,[1] only to the extent that it is consistent with N.J.S.A.
40:55D-32 et seq. and to the extent that it has not been supplanted
by an official map adopted pursuant to N.J.S.A. 40:55D-32 et seq.
Such a map shall be deemed conclusive with respect to the location
and width of streets, drainage rights-of-way and flood control basins
and the location and extent of public parks, playgrounds and scenic
and historic sites shown thereon.
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 subdivision application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a subdivision
or site plan application nor on a contiguous portion of a street or
right-of-way.
Located on the lot in question.
Located on the property which is the subject of a subdivision
or site plan application or on a contiguous portion of a street or
right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
For purposes of notice, any applicant for subdivision or
for site plan approval, the owners of the subject property and all
owners of property and government agencies entitled to notice thereof.
Any security, which may be accepted by the city, including
performance bonds, with a responsible surety authorized to do business
in the State of New Jersey, or escrow agreements secured by cash,
certified check or cashier's check to guarantee the completion of
the required improvements before the Planning Board approves the final
plat, provided that no more than 10% of the total performance guaranty
may be required in cash. A responsible surety shall not include a
surety against whom there are proceedings pending in this state to
revoke its license to act as such surety.
The Planning Board of the City of Bordentown.
A map or maps of a subdivision or site plan. Included are:
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Board Secretary for Planning Board consideration and tentative approval and meeting the requirements of this chapter.
FINAL PLATThe final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with the regulations of this chapter, and which, if approved, shall be filed with the County Clerk's office.
The conferral of certain rights pursuant to this chapter
after specific elements of a subdivision or site plan have been agreed
upon by the Planning Board and the applicant.
The land reserved or dedicated 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 to safeguard the public against flood damage, sedimentation
and erosion.
An open space area conveyed or otherwise dedicated to the
city, a city agency, Board of Education, state or county agency or
other public body for recreational or conservational uses.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
The Secretary of the Planning Board of the City of Bordentown.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A plan for development, not involving a subdivision, of one
or more lots on which is shown the existing and proposed conditions
of the lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways; the location of all
existing and proposed buildings, drives, parking spaces, walkways,
means of ingress and egress, drainage facilities, utility services,
landscaping, structures and signs, lighting, screening devices; and
any other information that may be reasonably required in order to
make an informed determination by the Planning Board. It shall also
include any modification of a previously approved site plan.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or city roadway or
which is shown upon a plat heretofore approved pursuant to law or
which is approved by official action as provided by this chapter or
which is shown on a plat duly filed and recorded in the office of
the County Clerk prior to the appointment of the 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, curbs, sidewalks, parking
areas and other areas within the street lines. For the purposes of
this chapter, "streets" shall be classified to conform to the Burlington
County Master Plan as follows:
ARTERIAL STREETA street used primarily for fast or large volumes of traffic.
COLLECTOR STREETA street used to carry traffic from the minor streets to the primary streets and designed to have considerable continuity and traffic capacity.
MINOR STREETThose streets other than the arterial or collector streets which need be entered only for stopping at a destination on that street and which need not be used for general circulation or through traffic.
CUL-DE-SACA short, dead-end, minor street terminating in a circular or other turnaround area.
MARGINAL ACCESS STREETStreets located parallel and adjacent to arterial streets and highways which are designed to provide access to abutting properties without interrupting highway traffic except at recognized intersections and access points.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board
or subdivision committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deed or other instrument, provided that such deed or other instrument
recites the intention to consolidate such lots and such deed or other
instrument is promptly and duly recorded with the Burlington County
Clerk as the Recorder of Deeds.
Also include the term "resubdivision."
Permission to depart from the literal requirements of Chapter 300, Zoning.
[1]
Editor's Note: The Official Map and Building
Permit Act, N.J.S.A. 40:55-1.30 et seq., was repealed by Chapter 291
of the Laws of 1975. See now N.J.S.A. 40:55D-1 et seq.
B.Â
The use of the word "shall" in this chapter indicates
a mandatory requirement, and the use of the word "may" indicates a
permissive action.
D.Â
The use of masculine pronouns is for convenience only
and shall include reference to both genders.