This chapter shall be known and may be cited as the "Land Subdivision
Ordinance of the City of Hoboken."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the City of Hoboken in
order to promote the public health, safety, convenience and general
welfare of the municipality. 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.
The approval provisions of this chapter shall be administered
by the governing body after favorable referral by the Planning Board
of the City of Hoboken in accordance with Section 14 of Chapter 433
of the Laws of 1953.
As used in this chapter, the following terms shall have the
meanings indicated:
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 Chapter
1 of Title 58 of the Revised Statutes.
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 or record of survey
map or by metes and bounds for purpose of sale, lease or separate
use.
MASTER PLAN
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.
MINOR SUBDIVISIONS
Any subdivision containing adjoining lots, tracts or parcels,
all of which front on an existing improved state, county or municipal
street, and having an aggregate frontage on said state, county or
municipal street, of not more than 250 feet, provided:
A.
That such subdivision does not involve any new street or the
extension or improvement of an existing street or municipal utility
as verified by the City Engineer;
B.
That it does not adversely affect adjoining property; or
C.
That it is not in conflict with any provision or portion of
the master plan, official map or zoning ordinance.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building
Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. Such map shall
be deemed to be conclusive with respect to the location and width
of the streets, public parks and playgrounds, and drainage right-of-way
shown thereon.
OWNER
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.
PERFORMANCE GUARANTY
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 City Clerk for Planning Board consideration and tentative approval and meeting the requirements of §
34-10 of this chapter.
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 §
34-9 of this chapter.
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 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:
B.
COLLATERAL STREETSThose 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.
C.
MINOR STREETSThose which are used primarily for access to the abutting properties.
D.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.
E.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to affect a subdivision of land hereunder for himself
or for another.
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 such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
SUBDIVISIONS:
A.
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; provided, however,
that no new streets or roads are involved:
(1)
Division of land for agricultural purposes where the resulting
parcels are three acres or larger in size.
(2)
Divisions of property by testamentary or intestate provisions.
(3)
Divisions of property upon court order.
B.
Subdivision also includes resubdivision and, where appropriate
to the context, relates to the process of subdividing or to the lands
or territory divided.
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under §
34-12 or the Planning Board shall require the posting of an adequate performance guaranty to assure the installation of the required improvements.
The sketch plat for minor subdivisions shall be based on tax
map information or some other similarly accurate base at a scale where
an inch equals not more than 50 feet and shall show or include the
following information:
A. The entire tract to be subdivided, giving the accurate location of
all existing and proposed property and street lines.
B. All existing structures, giving accurate distance between such structures
and all existing and proposed property lines.
C. The accurate location of drain pipes, sewerage and water facilities,
right-of-way, utility easements, bridges and culverts, if any, the
name of the owner and of all owners of adjoining property as such
names appear on the City's tax record.
D. Tax map sheet, lot and block number.
E. All streets or roads and streams within 500 feet of the subdivision.
The final plat shall be drawn by a licensed (N.J.) land surveyor
or professional engineer, as the case may be, in ink, on tracing cloth,
at a scale where one inch equals not more than 100 feet, and in compliance
with all the provisions of Chapter 338 of the Laws of 1953 (N.J.S.A.
46:23-9.1 et seq.). The final plat shall show or be accompanied by the following:
A. The 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, bridges and culverts, and to be
reserved or dedicated to public use, all lot lines and other side
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 No. 1.
E. Minimum buildings setback lines on all lots and other sites.
F. Location and description of all monuments.
G. Names of owners adjoining all subdivided lands.
H. Certification by engineer or surveyor as to the accuracy of details
of 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. If approval of a plat is required by any officer or body of the municipality,
county or state, approval shall be certified on the plat.
K. Cross-sections and profiles of streets approved by the municipal
engineer shall be required to accompany the final plat.
L. Contours at five-foot intervals for slopes averaging 10% or greater,
and at two-foot intervals for land of lesser slope.
M. Plans and profiles of storm and sanitary sewers on water mains.
N. Certificates from tax collector that all taxes are paid to date.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
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 City of Hoboken. Any action taken
by the governing body and the Planning Board under the terms of this
chapter shall have 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, a literal enforcement of one or more of these
regulations is impracticable or will exact undue hardship, the Planning
Board and governing body 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.
[Amended 9-6-1995 by Ord. No. R-142]
All ordinances or parts of ordinances, other than the Zoning Ordinance of the City of Hoboken, which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency. In the event of any conflict between the provisions of this Land Subdivision Ordinance and the provisions of Chapter
196, Zoning, of the Code of the City of Hoboken, the provisions of Chapter
196 shall prevail. In particular, all approvals granted pursuant to Chapter
196 with respect to matters which are also subdivision elements referred to herein shall supersede the requirements of this chapter to the extent that such approvals are inconsistent with the requirements of this chapter.
This chapter shall take effect in the manner prescribed by law.