In passing on the adequacy of subdivision plans, the Planning Board shall apply the standards contained in this section. If a subdivider can clearly demonstrate that because of peculiar conditions pertaining to his land the literal enforcement of these standards would cause undue hardship, the Board may permit such variations from their literal interpretation as may be reasonable and consistent with their general purpose and intent of this chapter.
A.
Land. No land shall be subdivided for residential purposes unless on-site hazards to life, health or property from flood, fire, disease, smoke, excessive vibration, noise, odor and dangerously irregular terrain conditions shall have been eliminated or unless the plans for the subdivision provide adequate safeguard against such hazards.
B.
Development. Proposed subdivisions shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
C.
Utility lines. All telephone, telegraph, electrical utility lines, television cables and other utility lines which are applicable shall be placed below ground in residential subdivisions.
D.
Open space requirements on all subdivisions creating five or more lots.
[Added 1-5-2004]
(1)
In subdivisions that are intended to contain five or more dwelling units, the Planning Board shall consider the need for suitable open areas for recreation and shall make a recommendation thereon. Standards to be used by the Planning Board in determining space for recreation shall be as follows:
Dwelling Units | Minimum Playground and Neighborhood Park Acreage to be Recommended | |
|---|---|---|
5 to 10 | 0.5 | |
11 to 20 | 1 | |
21 to 30 | 1.5 | |
31 to 40 | 2 | |
41 to 50 | 2.5 | |
51 to 70 | 3 | |
For each additional 20 units | 0.5 |
(2)
The requirements of this subsection relating to the need for suitable open areas for recreation and the total percentage of open space required within a development may be modified and/or waived by the Planning Board, if requested by the developer, upon the Planning Board's determination that both the area local to the development and the Borough of Swedesboro's park and recreation needs would be better served by an agreed cash request to the designated parks and recreation budget, which sums shall be added to the current year municipal budget when received as a dedication by rider in accordance with the provisions of N.J.S.A. 40A:4-39.
(3)
The amount of the contribution required pursuant hereto shall be determined by the estimated cost of the passive and active recreation facilities and equipment that would otherwise be required by the proposed development, which shall also take into consideration the value of the additional lots that the developer will have for sale, and shall be prorated over the total number of building lots, as shown on the preliminary plans submitted by the applicant and approved by the Planning Board, in order to determine a per-lot amount.
(4)
Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning Board Chairman, Planning Board Secretary and Borough Clerk, and shall be equal to the per-lot amount times the number of building lots shown on the final plans to be signed and filed and shall be made payable to the designated parks and recreation fund. For good cause shown, the Planning Board may enter into an agreement to provide that the payment or payments shall be made at some later time, subject to the posting of adequate performance guaranties in an amount of 120% of the agreed contribution subject, however, that the delayed period of time shall in no event be later than the issuance of the first certificate of occupancy.
(5)
The cash bequest shall be used exclusively for park and recreation purposes and shall be placed in the current budget line item designated "parks and playgrounds, other expenses." The Borough of Swedesboro reserves the right to use said funds for proper purposes anywhere within the Borough of Swedesboro.