Borough of Ramsey, NJ
Bergen County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Building and housing — See Ch. 13.
Streets and sidewalks — See Ch. 17.
Solid waste management — See Ch. 18.
Sewer and water — See Ch. 19.
Shade trees — See Ch. 20.
Soil movement — See Ch. 26.
Use of development fees — See Ch. 30.
Land use procedures — See Ch. 31.
Off-tract improvements — See Ch. 33.
Zoning — See Ch. 34.
[1972 Code § 150.001]
The purpose of this chapter is 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 of the Borough. It shall be administered to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[Ord. No. 522; 1972 Code § 150.010; Ord. No. 789 § 8]
As used in this chapter:
DRAINAGE RIGHT-OF-WAY
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.
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 these regulations, 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 of record, or survey map or by metes and bounds for the purpose of sale, lease, or separate use.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions. No subdivisions shall be in conflict with any provision or portion of the Master Plan, Official Map, Zoning Regulations or this chapter; but nothing herein contained prohibits the approval of a subdivision containing substandard size lots if the Board of Adjustment grants a variance authorizing the use of such substandard lots for building purposes.
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 SUBDIVISION
Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road, any extension of municipal facilities, any drainage problem or condition, or any other municipal problem, and not adversely affecting the development of the tract or any adjoining property. Any lands, lots or parcels of land which are part of a minor subdivision which are resubmitted for further subdivision of land within three years from the date of initial approval as a minor subdivision shall be classified as a major subdivision and processed accordingly.
OFFICIAL MAP
A map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.
OWNER
Any person having sufficient proprietary interests in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTEE
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 Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of Section 32-9.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section 32-9.
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 upon a plat 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.
a. 
Streets are classified as follows:
1. 
Arterial streets are those which are used primarily for fast or heavy traffic.
2. 
Collector streets are those which carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
3. 
Minor streets are those which are used primarily for access to the abutting properties.
4. 
Marginal access streets are streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
5. 
Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVISION
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 if no new streets or roads are involved; divisions of land for agricultural purposes where the resulting parcels are three acres or larger in size, divisions of property by testamentary or intestate provisions, or divisions of property upon court order. Subdivision also includes resubdivision, and where appropriate to the context, relates to the process of subdividing or to the lands or territory divided. Lot, tract, or parcel as used in the above definition shall mean all of the land owned by the subdivider in that area in the same ownership regardless of whether the same has been acquired by separate deeds or is separately assessed and regardless of whether the same has been subdivided before July 23, 1957 in any other manner on any map approved or filed either with the Planning Board, the Council, or the County Clerk.
SUBDIVISION COMMITTEE
A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and performing such other duties relating to land subdivision which may be conferred on this Committee by the Board.
SUBDIVIDER
Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another with the owner's written consent.
[Ord. No. 784 § 4; Ord. No. 998 § 3]
Any owner or subdivider of land within the Borough shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board an application and sketch plat of the proposed subdivision, in accordance with the provisions of Subsection 31-1.9 of Chapter 31, together with four additional copies of the sketch plat, for the purpose of classification, preliminary discussion and possible approval as a minor subdivision. This map shall show a complete layout of the proposed subdivision, together with a key map showing its relation to adjoining existing streets, abutting properties and surrounding areas, in sufficient detail to allow orientation. At the time of filing, a fee of $250 shall be paid to the Borough Engineer's office to cover administration costs and engineering fees.
[Ord. No. 789 § 4]
The Chairman of the Planning Board shall appoint a Subdivision Committee consisting of at least three members, which committee shall classify subdivisions in accordance with the provisions of this chapter and perform such other duties relating to land subdivisions which may be conferred on such committee by the Board. If the subdivision is classified as a minor subdivision, approval or denial of the application shall be in accordance with and pursuant to the provisions of Chapter 31, Subsection 31-1.8a and N.J.S.A. 40:55D-47 of Chapter 291, P.L. 1975 of the State of New Jersey.
[Ord. No. 789 § 4]
The Secretary of the Planning Board shall furnish a copy of the approved sketch plat to each of the following:
a. 
Engineer of the Board;
b. 
Construction Official;
c. 
Tax Assessor;
d. 
County Planning Board;
e. 
Such other municipal bodies or officials as directed by the Board.
[1961 Code § 12.05; Ord. No. 522; Ord. No. 712 § 1; Ord. No. 799 § 5; Ord. No. 998 § 4]
a. 
Maps; fees. In addition to the application and plats required to be filed by the provisions of Subsection 31-1.9 of Chapter 31, the applicant shall file six additional black-on-white prints of the preliminary plat with the Secretary of the Planning Board. At the time of filing, a fee shall be paid to the Borough Engineer's Office to cover the cost of administration, approval of plats and approval of bonds as follows: $250 for three lots up to and including 10 lots plus $25 for each lot over 10. If any unusual engineer's services are required or if the services of a planning consultant are required in connection with the plat, the applicant shall pay for such services before final approval of the plat will be given. Any amount paid on the filing of a sketch plat which is classified as a major subdivision shall be applied against the charge made hereunder upon the filing of the preliminary plat of such subdivision. Preliminary approval of a major subdivision shall be granted or denied in accordance with and pursuant to the provisions of Section 31-1 of Chapter 31 and N.J.S.A. 40:55D-1 et seq.
[1972 Code § 150.025; amended 2-8-2006 by Ord. No. 8-2006]
Before consideration of a final subdivision plat the subdivider shall have installed the improvements required under Section 32-10. In lieu thereof, the Planning Board may allow the subdivider to post adequate performance and maintenance guarantees to assure the installation and maintenance of the required improvements, and payment of all inspection, engineering and legal fees incurred by the Board in connection with the development. If a performance guarantee is accepted, the subdivider shall also make a cash deposit to the Borough of Ramsey of 5% of the amount of the performance guarantee, which deposit shall be used to pay engineering inspection and legal fees to be incurred by the Board or Borough in connection with the development. Any excess remaining in the deposit after complete performances by the subdivider and the payment of all fees shall be refunded. If the deposit is not sufficient to pay for such fees, the performance guarantee shall cover the same. The applicant is responsible for the fee charged by the Borough Surveyor for making the necessary changes to the Borough’s tax maps as a result of the subdivision approval. Such fee will be paid from the escrow required by this subsection or Subsection 34-4.17e.
[Ord. No. 1106A §§ 3, 4]
a. 
For purposes of this subsection, the term developer shall include any individual or entity which proposes to develop and/or construct a nonprofit institution as defined in Chapter 18, Solid Waste Management or a commercial building, which term shall include by way of example and not limitation, stores, shops, office buildings, laboratories, and industrial buildings, on land within the Borough of Ramsey or any individual or entity which proposes to develop multifamily housing with three units or more within the Borough of Ramsey.
b. 
The developer of multifamily housing with three or more units shall be required to submit a recycling plan together with the application for development to the Planning Board of the Borough of Ramsey and to the Recycling Coordinator. The recycling plan shall include the following items:
1. 
Recyclable materials to be source separated, as stated in Chapter 18, Solid Waste Management, which establishes a recycling program for the Borough of Ramsey.
2. 
Single unit storage. Each individual unit shall be designed to accommodate a one cubic yard of storage area for the accumulation of one week's worth of all recycling material. Location of the area to be approved as part of the plan by the Planning Board of the Borough of Ramsey and the Recycling Coordinator.
The amount of storage space required for the accumulation of recyclable materials can be determined using the following charts. Chart 1 provides weekly recovery levels for recyclables per unit while Chart 2 converts weekly recovery levels to cubic yards.
Chart 1
Weekly Recovery Levels
Pounds/Units/Week
Mixed paper
3.0
Glass containers
0.8
Tin cans
0.2
Aluminum cans
0.1
PET soda bottles (plastic)
0.1
Milk jugs/HOPE bottles (plastic)
0.1
Chart 2
Converting Weight to Volume
Pounds per Cubic Yard
Mixed paper
500
Glass Containers
600
Tin cans
160
Aluminum cans
60
PET soda bottles (plastic)
30
Milk jugs/HOPE bottles (plastic)
25
Example:
500 units: 500 x 3.0 pounds mixed paper 1,500/500 pounds = 3 cubic yards
The size and location of the storage area and the collection of recyclables from the single unit storage area to the multi-unit storage area shall be approved as part of the plan by the Planning Board of the Borough of Ramsey and the Recycling Coordinator. Storage area must meet all local building and fire codes.
The location of storage containers shall be delineated on the plan. A separate container or containers shall be provided for each recyclable material specified in Chapter 18, Solid Waste Management, in addition to the containers for nonrecyclable solid waste.
c. 
The developer of a commercial or institutional development of 1,000 square feet or more shall be required to submit a recycling plan together with the site plan application or application for development or waiver of site plan application to the Planning Board of the Borough of Ramsey.
1. 
Recyclable materials to be source separated, as stated in Chapter 18, Solid Waste Management, depending on the type of establishment and type of recyclable materials generated.
2. 
Storage area. The amount of storage area required for the accumulation of recyclable material depends upon the type of establishments and the type of recyclable materials generated. See Charts 1 and 2 herein. Chart 3 provides for additional recyclable materials.
Chart 3
High-grade paper
3/4 lb/day/office worker
Tin cans
1,000 cans/cubic yard
Corrugated cardboard
depends on whether it is baled, tied into bundles or compacted
The size and location of the commercial and institutional establishment storage area shall be approved as part of the recycling plan by the Planning Board of the Borough of Ramsey and the Recycling Coordinator. Storage area must meet all local building and fire codes.
d. 
The Borough of Ramsey Planning Board and Recycling Coordinator shall not grant approval of a recycling plan or new construction site plan unless all provisions of this subsection and other relevant rules and regulations are complied with, as aforementioned.
[Ord. No. 789 § 6(A); Ord. No. 998 § 5]
The final plat, together with a fee of $250 shall be submitted to the Borough Engineer's office for final approval within three years from the date of preliminary approval.
[Ord. No. 789 § 6(B)]
The original tracing, three black-on-white prints and four copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least two weeks prior to the date of a regular Planning Board meeting. At the time of filing, if all improvements have been installed, the applicant shall post the maintenance bond hereinafter provided for and shall pay all engineering costs, consultant fees and legal fees. If such improvements have not been installed, the performance and maintenance bond shall be posted with the Secretary of the Planning Board. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
[Ord. No. 789 § 6(C)]
The final plat shall be accompanied by a statement by the engineer of the Board 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, paid all engineering, inspection, consultant and legal fees and posted with the Secretary of the Planning Board a maintenance bond as hereinafter provided.
b. 
A satisfactory performance guarantee as hereinafter provided, has been posted with the Secretary of the Planning Board in an amount fixed by the Board as sufficient to guarantee completion of all required improvements and payment of all engineering, inspection, consultant and legal fees in connection with the plat and development.
[Ord. No. 789 § 6(D)]
Any plat which requires County Planning Board approval pursuant to Chapter 291, P.L. 1975 of the State of New Jersey shall be forwarded to the County Planning Board for its action prior to final approval by the Council.
[Ord. No. 789 § 6(E)]
If final approval by the Board is given subject to the posting of a bond or subject to any other conditions, such bond shall be posted and conditions performed within 90 days from the date of such final approval. If not furnished and performed within 90 days, such approval shall expire and the Chairman and Secretary shall not thereafter be authorized to sign the final subdivision map.
[Ord. No. 789 § 6(F)]
Final approval of a major subdivision shall be granted or denied in accordance with and pursuant to the provisions of Chapter 31, and Chapter 291, P.L. 1975 of the State of New Jersey.
[1961 Code § 12.07; Ord. No. 782 § 6; Ord. No. 788 § 6]
Upon final approval and after all required signatures are placed on the original tracing, the Secretary of the Planning Board shall have two cloth prints and 10 copies of such final plat and file a copy with each of the following:
a. 
Engineer of the Board;
b. 
Engineer preparing the Borough Assessment Map if other than the Engineer of the Board;
c. 
Construction Official;
d. 
Tax Assessor;
e. 
County Planning Board;
f. 
Official issuing certificates for approved subdivisions;
g. 
Board of Public Works;
h. 
Board of Health;
i. 
Shade Tree Commission.
[Ord. No. 1200]
In addition to all other fees, an applicant shall pay a fee of $1,000 for each special meeting requested by the applicant for any purpose and a fee of $150 for the filing of an application for a subdivision amendment.
[Ord. No. 998E § 2]
The fee for the reinstatement of a subdivision application which was denied without prejudice shall be $100.
[Ord. No. 789 § 7]
The terms Planning Board and Secretary of the Planning Board as used in this chapter shall be deemed to include the Zoning Board of Adjustment and Secretary of the Zoning Board of Adjustment where applicable under the provisions of Chapter 291, P.L. 1975 of the State of New Jersey.
[1961 Code § 12.08; Ord. No. 522; 1972 Code § 150.035]
The sketch plat shall be based on tax map information or some other similarly accurate base at a scale (preferably not less than 100 feet to the inch) to enable the entire tract to be shown on one sheet and shall show or include the following information:
a. 
The location of that portion which is to be subdivided in relation to the entire tract.
b. 
All existing structures and wooded areas within the portion to be subdivided and within 200 feet.
c. 
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
d. 
The tax map sheet, block and lot numbers.
e. 
All streets or roads and streams within 500 feet of the subdivision.
f. 
The area in square feet of all lots in the tract to be subdivided.
g. 
A key map showing the entire subdivision and its relation to surrounding areas.
h. 
Easements, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes, rights-of-way and drainage easements and rights-of-way.
i. 
Evidence of any variance or variances granted by the Board of Adjustment to which the property being subdivided is subject.
[1961 Code § 12.08; Ord. No. 522; 1972 Code § 150.035]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch to 100 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. All engineering features involving design must be by an approved professional engineer. The plat shall be designed in compliance with the provisions of Section 32-11 and shall show or be accompanied by the following information:
a. 
A key map showing the entire subdivision and its relation to surrounding areas.
b. 
The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the names and addresses of record owner or owners, subdivider, and of the person who prepared the map, and the names of all adjoining property owners as disclosed by the most recent municipal tax records and showing all buildings within 200 feet of the property line.
c. 
Acreage of tract to be subdivided to nearest tenth of an acre and the area in square feet of all lots in the tract to be subdivided.
d. 
Sufficient elevations or contours, based on mean sea level (USGS), to determine the general slope and natural drainage of the land and the high and low points and cross-sections and center line profiles for all proposed new streets. Proposed elevations or contours shall also be shown if any change is to be made. Where the elevation of the property is to be raised by fill, bank run gravel or equal, as approved by the Engineer, shall be used.
e. 
The location of existing and proposed property lines, easements, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes, rights-of-way, and drainage easements and rights-of-way, and any natural features such as wooded areas, swamps and rock formations.
f. 
Plans of proposed utility layouts (sewers, storm drains, water, gas, and electricity), if required, showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must 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 preliminary plat. The Engineer's report on the percolation tests shall be presented to the Planning Board in writing, and a copy forwarded by the Planning Board to the Board of Health to aid them in their consideration of the plat. Any subdivision or part 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.
g. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
h. 
Evidence of any variance or variances granted by the Board of Adjustment to which the property being subdivided is subject.
i. 
Any other pertinent information required by the Planning Board.
[1961 Code § 12.08; Ord. No. 522; 1972 Code § 150.035]
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 291, P.L. 1975 of the State of New Jersey. The final plat shall show or be accompanied by the following:
a. 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
b. 
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.
c. 
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.
d. 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with number one in accordance with the tax map system.
e. 
Minimum building setback line on all lots and other sites.
f. 
Location and description of all monuments.
g. 
Names of owners of adjoining land.
h. 
Certification by licensed engineer or surveyor having the legal right to certify as to accuracy of details on plat.
i. 
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.
j. 
When approval of a plat is required by any officer or body of the Borough, county or state, approval shall be certified on the plat.
k. 
Cross sections and profiles of streets, approved by the Borough Engineer, may be required to accompany the final plat.
l. 
Plans and profiles of storm and sanitary sewers and water mains.
m. 
Certificate from Tax Collector that all taxes are paid to date.
n. 
Any other pertinent information required by the Planning Board.
[1961 Code 12.09; Ord. No. 522; Ord. No. 568; Ord. No. 582; Ord. No. 594; 1972 Code § 150.040; Ord. No. 826 § 1]
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guarantees for the ultimate installation of the following:
a. 
Streets. Streets shall be paved, curbs and gutters, and sidewalks and aprons where required, shall be installed in accordance with the standards set forth in Chapter 17 basic standards for all municipal improvements, of this Code and the detailed specifications and drawings referred to therein.
b. 
Street signs and names. Street signs shall be of a type and in such location as shall be approved by the Planning Board, the Planning Board reserving the right to approve or disapprove street names.
c. 
Shade trees. Shade trees, if required, shall be of a type and size and in such location as shall be approved by the Shade Tree Commission of Ramsey, in accordance with specifications of the Shade Tree Commission, and planted under its supervision and direction. Unless otherwise specified by the Shade Tree Commission, such trees shall be located in the sidewalk area of the street between the property line and the location of the existing or future sidewalk two feet away from the property line adjacent thereto, in a place which shall not interfere with utilities:
d. 
Topsoil protection. If topsoil protection is required, 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 cover all areas of the subdivision and shall be stabilized by seeding or planting.
e. 
Monuments. Monuments shall be of the size and shape and in the location required by N.J.S.A. 40:55D-1 et seq. and any amendments and supplements thereto.
f. 
Water mains and drainage appurtenances. Water mains and appurtenances shall be properly connected with the existing water system; catch basins, culverts, storm sewers and other drainage appurtenances shall be properly connected with any existing drainage system in the area; and both shall be adequate to handle all existing and probable future development. Water mains and appurtenances shall be constructed and installed at the locations and of a size and type approved by the Board of Public Works Water Department, and storm drainage and appurtenances constructed and installed to the line, grade, size and type approved by the Borough Engineer, in accordance with Chapter 17, Streets and Sidewalks, of this Code referred to above, and the standards set forth therein and the detailed specifications and drawings referred to.
g. 
Sewers. Sanitary sewers in subdivisions shall be constructed, installed and properly connected with an approved system, if there is one, and shall be adequate to handle all existing and future development. Where trunk lines and grades for a municipal system have been installed for the area in which a new subdivision is located, a sewer system shall be constructed and installed to provide a connection between all properties in the subdivision and the nearest part of the municipal system, whether or not the municipal system has been actually installed and completed. Such sanitary sewers and appurtenances shall be constructed and installed to the line, grade, location, size and type approved by the Borough Engineer and in such manner as to function properly and efficiently for the purpose of sanitary sewerage disposal.
In the event sanitary sewers cannot be connected with an approved system prior to the granting of final approval, a dry house sewer shall be installed on each parcel of property in a subdivision. The dry house sewer shall terminate no further than five feet from the main house sewer of a building on a subdivided lot, and be extended to and connected with the stub connection at the curb in a manner approved by the Borough Engineer and the Borough Plumbing Subcode Official.
h. 
Underground utility lines and fire alarm systems.
1. 
For all major subdivisions, the subdivider shall arrange with any serving utility for the underground installations, of all utility distribution supply lines and service connections incorporated. As a part of its tariffs the same are on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the Planning Board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this paragraph; provided, however, that lots in such subdivisions which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved may be supplied with electric and telephone service from such overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. The location of access facilities for servicing the utility in the proposed subdivision shall be developed in conjunction with and as part of the complete subdivision plan.
2. 
Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 20 feet in width shall be provided.
3. 
The Planning Board may in its discretion waive the installation of the underground utilities where such installation will result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the subdivider by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of the lands in such subdivision.
4. 
Whenever underground utilities are installed in accordance with the provisions hereof, fire alarm systems servicing the development shall also be installed in an appropriate subsurface distribution system connecting the necessary alarm stations. The manner of installation, number and location of alarm stations shall be in a manner approved by the Fire Prevention Bureau.
i. 
Street lighting. Street lighting shall be installed if required by the Planning Board.
[1961 Code § 12.09; Ord. No. 522; Ord. No. 568; Ord. No. 582; Ord. No. 594; 1972 Code § 150.040]
All of the above-listed improvements shall be subject to inspection and approval by the Engineer of the Board who shall be notified by the developer at least 48 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
[1961 Code § 12.09; Ord. No. 522; Ord. No. 568; Ord. No. 582; Ord. No. 594; 1972 Code § 150.040; Ord. No. 773 § 2]
a. 
No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the Engineer of the Board unless with the approval of the Board the subdivision owner shall have filed with the Borough Clerk a performance guarantee sufficient in amount to cover the cost of all such improvements or uncompleted portions as estimated by the Engineer of the Board and assuring the installation of such uncompleted improvements on or before an agreed date and the payment of all inspection, engineering and legal costs. Such performance guarantee shall comply with the Revised Statutes of New Jersey, and which may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the Council; a certified check, returnable to the subdivider after full compliance, or any other type of surety approved by the Planning Board Attorney.
b. 
The performance guarantee, if accepted, shall be approved by the Planning Board Attorney as to form, sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the Planning Board but, in no case, for a term of more than three years. However, with the consent of the owner and the surety, if there be one, the Council may by resolution extend the term of such performance guarantee for an additional period not to exceed three years. The amount of the performance guarantee may be reduced by the Council by resolution when portions of the required improvements have not been installed. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed; and upon receipt of the proceeds, the Borough shall install such improvements.
c. 
The Borough shall also require a maintenance guarantee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement or of the original installation.
d. 
Prior to the acceptance by the Borough of any street or other improvement in a subdivision there shall be filed with the Borough Engineer one Mylar original as-built plan and profiles drawn to a scale of not less than one inch equals 50 feet horizontally and one inch equals five feet vertically, which plan and profiles shall be based on a final survey. Such drawings shall show how the streets and other improvements were actually constructed or installed. The following data must be shown with measurements from the property lines:
1. 
Plans and profiles of the streets showing elevations as constructed, and reference bench marks.
2. 
Plans and profiles of sanitary and storm sewers showing elevations of inverts of manholes and catch basins and elevations of inlet gratings and manhole rims.
3. 
The location of all house connections to the sanitary sewers with reference dimensions to cleanout connections.
4. 
The location of all water and gas mains together with all valves.
[Ord. No. 522; Ord. No. 568; Ord. No. 582; Ord. No. 594; 1972 Code § 150.040]
No certificate of occupancy shall be granted by the Construction Official until all required improvements have been completed as stated above and all fees paid.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
[1972 Code § 150.045]
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Where either or both an official map or master plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted master plan or official map shall be considered in approval of subdivision plats. Where no master plan or official map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-1 et seq. and shall be such as to lend themselves to the harmonious development of the Borough and to promote health, safety, morals, public welfare and maintain property values in accordance with the following design standards.
[1961 Code § 12.10; 1972 Code § 150.045]
a. 
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.
b. 
Minor streets shall be so designed as to discourage through traffic.
c. 
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 Planning Board may determine appropriate.
d. 
The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet.
e. 
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 Council under conditions approved by the Planning Board.
f. 
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 the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
g. 
Grades of streets shall not exceed 4% except with the approval of the Planning Board.
h. 
No street shall have a grade of less than 3/4 of 1% unless the Planning Board approves a lesser grade.
i. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet.
j. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited, unless approved by the Planning Board.
k. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
l. 
Dead-end streets (culs-de-sac) 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. If a dead-end street is of 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.
m. 
No street shall have a name which duplicates an existing street or will so nearly duplicate as to be confused with the name of an existing street. The continuation of an existing street shall have the same name.
[1961 Code § 12.10; 1972 Code § 150.045]
a. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning regulations of Chapter 34 and to provide for convenient access, circulation control and safety of street traffic.
b. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
[1972 Code § 150.045]
a. 
Lot dimensions and area shall not be less than the minimum requirements of the zoning regulations of Chapter 34, but may be required in excess of such minimums where soil conditions, surface grades or other factors justify the same.
b. 
Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
c. 
Each lot must front upon an approved street at least 50 feet in width.
d. 
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.
e. 
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, adverse soil, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
[1972 Code § 150.045]
a. 
In large scale development, 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 or municipal departments concerned.
b. 
Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be 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. Within such drainage right-of-way, stormwater easement, or watercourse, no obstruction of any kind to the flow of water, except dams approved by the Board, shall be made or permitted to exist.
c. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
[1972 Code § 150.050]
a. 
Interpretation; exceptions for hardships. 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 Council and 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 agent 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 Council and 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.
b. 
Certificate of occupancy. No certificate of occupancy shall be issued until all required improvements have been completed, nor shall such certificate of occupancy be issued until all other ordinances have been fully complied with and the Board of Health has certified that the individual sanitary or sewage disposal system is ready for service. The issuance of the certificate of occupancy, however, need not be withheld for the completion of the work contemplated to be covered by the deposit made at the time of the issuance of the building permit, pursuant to the State Uniform Construction Code, if the amount on deposit is adequate to cover the cost of correcting and completing any such work.
[1972 Code § 150.999]
a. 
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 and the Council are required to act, or violates any of the terms and provisions of this chapter, such person shall be subject to a fine not to exceed $500 or to imprisonment for not more than 90 days or both, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
b. 
In addition to the foregoing, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under the provisions of N.J.S.A. 40:55D-1 et seq., and the amendments and supplements thereto, 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 or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-1 et seq.
c. 
In any such action the transferee, purchaser and 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 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 the land, or within six years if unrecorded.