Town of Belvidere, NJ Article I Subdivision of Land

[Adopted 4-7-1980 by Ord. No. 80-2 (Ch. 107, Art. I, of the 1987 Code)]

§ 318-1 Purpose and policy.

The Town Council declares that these rules and regulations and standards for guiding the subdivision of land for various purposes have been promulgated to provide for the orderly growth and coordinated development of the Town and to ensure and promote the comfort, convenience, safety, public health and general welfare of its people, and further that the approval of such subdivisions shall be administered in accordance with the following considerations:

A. Conformance with the various parts of the Master Plan, the Zoning Ordinance[1] and the Official Map.

[1] Editor's Note: See Ch. 505, Zoning.

B. Recognition of a desirable relationship to the general land form, its topographic and geologic character, to natural drainage and surface water runoff and to the groundwater table.

C. Recognition of desirable standards of subdivision design, including adequate provision for pedestrian and vehicular traffic, for surface water runoff and for suitable building sites for the land use contemplated.

D. Provision for such facilities as are desirable adjuncts to the contemplated use, such as parks, recreation areas, school sites, firehouses and off-street parking.

E. Preservation of such natural assets as mountainous areas, ponds, streams, shrubs and trees.

F. Provision of adequate utilities services and circulation.

§ 318-2 Approving agency.

The provisions of this article shall be administered by the Planning Board of the Town in accordance with N.J.S.A. 40:55D-1 et seq., its amendments and supplements.

§ 318-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADVERSE EFFECT

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 improper circulation and drainage rights-of-way as defined in N.J.S.A. 40:55D-3 et seq., inadequate drainage facilities, insufficient street width, unsuitable street grades, unsuitable street location to accommodate prospective traffic or coordinate and compose a convenient 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 article.

AGRICULTURAL PURPOSE

For purposes of exemption of a division of land from the provisions of this article, land that has been found by the Planning Board will be used solely for growing and harvesting of crops and/or raising and breeding of animals and upon which no structure other than a fence or building to contain livestock or for storage will be erected, and in which all resulting parcels are five acres or larger in size; and shall include such suitable limits and controls as to ensure compliance with the intent and purpose of this exemption.

APPLICATION

The application form and all accompanying documents, plats and submissions required by this article for approval of a subdivision plat.

BOARD

The Planning Board of the Town.

CARTWAY

The hard or paved surface portion of a street customarily used by vehicles in their regular course of travel. Where there are curbs, the "cartway" includes the curbs and that portion between the curbs. Where there are no curbs, the "cartway" is that portion between the edges of the paved and/or graded width.

CONSERVATION EASEMENT

Grant or grants to the Town sufficient to permit the Town to fulfill the intent and purpose of this easement as provided in § 318-13G(3).

DRAINAGE AND UTILITY EASEMENT

Grant or grants to the Town or the County of Warren sufficient to permit the Town or the county to fulfill the intent and purpose of the easement as provided in § 318-13G.

DRAINAGE AND UTILITY RIGHT-OF-WAY

The lands required for the installation and maintenance of stormwater and sanitary sewers, water mains or drainage ditches and other utilities, or required along a natural stream or watercourse for the installation and maintenance of stormwater and sanitary sewers or drainage ditches and the area along said courses for the purpose of access and maintaining and preserving the channel and providing for the flow of water therein in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated, as amended.[1]

FINAL APPROVAL

The official action of the Planning Board taken on a preliminarily 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.

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Planning Board and Town Council for final approval in accordance with this article and which, if approved, shall be filed in the Warren County Clerk's office.

FLOODPLAIN

The generally flat terrain adjacent to streams, ponds, lakes and swamps.

GOVERNING BODY

The Town Council of the Town of Belvidere.

LOT

Any parcel or portion of land separated from other parcels or portions by description, as on a subdivision plat, deed of record or survey map, or by metes and bounds, which separate parcels, when under one ownership and contiguous, conform to the Zoning Ordinance regulations for the zoning district in which they are located. Contiguous undersized lots for the zone in which they are located and which lots are under one ownership shall be considered one "lot." No portion of a street or cartway shall be included in calculating the lot boundaries or areas.

MASTER PLAN

A composite of the mapped and written proposals recommending the development goals of the Town and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28, its amendments and supplements.

OFFICIAL MAP

The map adopted in accordance with Article 5 of N.J.S.A. 40:55D-1 et seq., its amendments and supplements. This map shall be deemed to be conclusive with respect to the location and width of the streets, utility and drainage rights-of-way, flood control basins and the location and extent of public parks, playgrounds and scenic and historic sites shown thereon and adopted by the Town Council, as amended.

OFF-SITE IMPROVEMENTS

Improvements located outside the original tract being subdivided which must be made to accommodate conditions generated as a result of the development of the subdivision.

OWNER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having legal title to the land.

PERFORMANCE GUARANTY

Any security which may be accepted under N.J.S.A. 40:55D-53, its amendments and supplements, in lieu of a requirement that certain improvements be made before the Planning Board approves the plat, including performance bonds, escrow agreements, cash not to exceed 10% of the total performance guaranty and other similar collateral or surety agreements.

PLAT

The map or maps of a subdivision.

PRELIMINARY PLAT OF MAJOR SUBDIVISION

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Town for Planning Board consideration and preliminary approval and meeting the requirements of § 318-5.

RESUBDIVISION

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. "Resubdivision" does not include conveyances so as to combine existing lots by deed or other instrument.

RIGHT-OF-WAY

The total width of property along a street, watercourse, utility path or other way and within which all improvements and rights of access are confined.

SIGHT TRIANGLE EASEMENT

Grant or grants to the Town of Belvidere or the County of Warren sufficient to permit the Town to fulfill the intent and purpose of the easement as provided for in § 318-13B(10).

SILTATION BASIN

A facility designed to collect silt and eroded soil from a designated area.

SKETCH PLAT

The sketch map of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of § 318-4, as applicable.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or Town roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action as provided by N.J.S.A. 40:55D-1 et seq., amendments and supplements thereto, or a street or way on a plat duly filed and recorded in the office of the Clerk of the County of Warren 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, sidewalks, parking areas and other areas within the street lines. For the purpose of this article, "streets" shall be classified to conform to the Town of Belvidere Master Plan as follows:

A. ARTERIAL A street intended to carry large volumes of through traffic at steady speeds with minimum interruptions to traffic flow, generally connecting with collector streets and major traffic generators within the area and which is subject to necessary control of ingress and egress.

B. COLLECTOR A street which forms the boundary of major blocks of land, is intended primarily for interneighborhood or intramunicipal traffic and is often a feeder road to commercial areas and the arterial street system.

C. PRIMARY LOCAL A street intended primarily for access into major blocks of land and not for through traffic.

D. SECONDARY LOCAL A street intended primarily for access to abutting properties and not for through traffic.

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on an adopted Master Plan or Official Map, forming the dividing line between the street and lot. The streets shall be as ordained with accurate metes and bounds for a newly created street and when the existing right-of-way alignment can be easily and accurately reestablished; otherwise, the "street line" shall be as delineated schematically and symmetrically without metes and bounds on each side of the roadway or original road center line.

STREET RIGHT-OF-WAY EASEMENT

Grant or grants to the Town sufficient to permit the Town to fulfill the intent and purpose of the easement as provided for in § 318-13B(7).

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this article to effect a subdivision of land hereunder for the owner of record or for another with the consent of the owner of record.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development. "Subdivision" shall also include resubdivision, and where appropriate to the context, relates to the process of subdividing or to the land or territory so divided. The following shall not be considered "subdivisions" within the meaning of this article if no new streets are created:

A. 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, provided that the Planning Board shall require suitable proofs that said division shall be for agricultural purposes only and may impose suitable limitations and controls with respect to the use thereof for erection of any structure of a nonagricultural type.

B. Divisions of property by testamentary or intestate provisions, provided that said resulting parcels can be clearly recognized and defined if divided by testamentary instrument.

C. Divisions of property upon court order, provided the Board shall have found and is satisfied that the purpose of the parties and/or the applicant in obtaining the court-ordered division was not to circumvent established procedure provided by this article.

D. Conveyances so as to combine existing lots by deed or other instrument.

SUBDIVISION COMMITTEE

A committee of at least three Board members appointed by the Chairman of the Board, with the approval of the majority of the Board, for the purpose of reviewing subdivision applications prior to action by the entire Board to determine whether such applications comply with all article provisions and to make recommendations to the Board for classification and action. The Committee may be delegated other duties relating to land subdivision by the Board through a motion duly adopted and recorded.

SUBDIVISION, MAJOR

Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR

Any subdivision of land that does not involve:

A. The creation of more than three new lots plus a remainder for a total of four lots fronting on an improved existing street within a five-year period.

B. A planned development.

C. Any new street or the extension of Town facilities.

D. The extension of any off-tract improvements.

E. An adverse effect on development of the remainder of the parcel or adjoining property.

F. Conflict with any provisions or portion of the Master Plan, Official Map, Zoning Ordinance[2] or this article.

TOWN

The Town of Belvidere, Warren County, New Jersey.

[1] Editor's Note: See now N.J.S.A. 58:1A-1 et seq.

[2] Editor's Note: See Ch. 505, Zoning.

§ 318-4 Submission of sketch plat.

A. Filing procedure.

(1) Any subdivider desiring to proceed with a subdivision or resubdivision of land shall file with the Secretary of the Planning Board at least three weeks prior to the date of a regular meeting of the Board, 18 black-on-white copies of said sketch plat of the proposed subdivision, including 14 copies that are reduced in size and do not exceed 15 inches by 21 inches in sheet size and four completed copies of the Town application form, two completed copies of the County Planning Board application form and three copies of any protective covenants, deed restrictions or easements affecting the property or proposed in the subdivision, such as a conservation, drainage or utility right-of-way or a sight triangle and three copies of deed(s) for any lands offered to the Town.

[Amended 6-21-2010 by Ord. No. 2010-08]

(2) Any subdivision determined by the Board to create, impose, aggravate or lead to the possibility of an adverse effect upon either the original property being subdivided or any adjacent properties may be required to be revised by the subdivider to remove such adverse effect(s) prior to further review, classification or approval by the Board, or where the remaining portion of the original tract is of sufficient size to be subdivided further, the subdivider may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the application for subdivision, together with subsequent subdivisions, may be so submitted that it will not create, impose, aggravate or lead to any such adverse effects.

B. Classification.

(1) The Board shall classify the sketch plat as either a major or minor subdivision by majority vote of the entire Board and notation to that effect shall be made on the plat, together with any corrections, additions, deletions or other requirements that the Board may require, before consideration of the sketch plat for approval or denial. If classified as a minor subdivision, the applicant shall submit a final plat, including all modifications required by the Board. If classified as a major subdivision, no sketch plat modifications shall be required. Any conditions imposed on the application shall be included in the preliminary plat submission.

(2) All sketch plats containing proposals and/or designs for drainage, streets and subdivision layouts are for discussion and classification. They are sketches of possible plan(s) for the development of an area. They are not binding on the community or upon the subdivider and do not necessitate accurately engineered drawings.

C. Approval. The Board shall not approve a sketch plat until a written report on the subdivision has been received from the Town Engineer and unless approval has been received, in writing, for such subdivision from the County Planning Board within 30 days after their receipt of the plat. If a reply is not received from the County Planning Board or the Town Engineer within 30 days, the sketch plat shall be deemed to have been approved by them unless by mutual agreement between the Board, County Planning Board or Engineer and the applicant the thirty-day period for County Planning Board approval shall be extended for an additional thirty-day period, and any such extension shall so extend the time within which the Board shall be required by law to act.

(1) Whenever review or approval of the application by the Warren County Planning Board is required, the Town Planning Board may condition any approval that it grants upon timely receipt of a favorable report on the application by the Warren County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. "Timely receipt" as used herein means receipt of the report prior to the regular meeting of the Planning Board at which official action on the plat is to be taken.

(2) As a condition for subdivision approval, the applicant must submit proof from the Town Tax Collector or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which subdivision is sought.

(3) The Planning Board or Subdivision Committee may condition any subdivision approval upon terms ensuring the provision of improvements pursuant to the terms of this article or any other ordinance so requiring such improvements.

(4) If approved as a sketch plat of a major subdivision or as a final plat of a minor subdivision, a notation to that effect, including the date of the Board's action, shall be made on all copies of the plat and shall be signed by the Chairman and the Secretary of the Board (or the Acting Chairman or Acting Secretary in their absence, respectively). In the event the plat is disapproved by the Board, the Secretary of the Planning Board shall, within 10 days of such action, notify the subdivider by certified mail of such disapproval and the reasons therefor.

(5) Expiration of approval; recording of plat.

(a) Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the Warren County Clerk, the Town Engineer and the Town Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Town Planning Board. If the developer elects to record a deed in lieu of filing the approved plat, an original and four copies of the proposed deed accurately and clearly describing the approved minor subdivision in accordance with the plat as approved shall be submitted to the Secretary of the Planning Board, who shall then cause the deeds to be stamped "approved" and signed by the Chairman and Secretary of the Planning Board and distributed with copies of the plat as follows:

[1] Planning Board files, one copy.

[2] Tax Assessor, one copy.

[3] Zoning Officer, one copy.

[4] Town Engineer, one copy.

[1] Editor's Note: See now N.J.S.A. 46:26b-1 et seq.

(b) The approved plat of a minor subdivision shall not be distributed until the Secretary of the Planning Board receives notification from the Warren County Clerk that the plat or a deed in lieu thereof has been recorded. In the event of failure to file the approved subdivision plat or to record a deed in lieu thereof as set forth above within 190 days from the date of subdivision approval, the approval of the plat shall expire and any further proceedings shall require the filing of a new application and plat as in the first instance.

(6) Before any approved sketch plat of a major subdivision is returned to the subdivider, the Secretary of the Planning Board shall have sufficient signed copies of the plat to forward one copy to each of the following, retaining one copy for the Secretary's file:

(a) Town Engineer.

(b) Zoning Officer.

(c) Tax Assessor.

(d) County Planning Board.

(e) Town Planning Board.

(f) Town Board of Health (or the Warren County Board of Health in lieu thereof).

(g) Town Planner.

(7) As a condition of subdivision approval of a tract into six or more lots, the applicant, where it is a corporation or partnership, shall submit as part of its application a list of all stockholders or individual partners owning at least 10% of its stock or at least 10% of the interest in the partnership, as the case may be, pursuant to N.J.S.A. 40:55D-48.2, if applicable.

§ 318-5 Submission of preliminary plat of major subdivision.

A. Procedure. Any subdivider having received sketch plat approval of a major subdivision shall submit to the Planning Board Secretary, at least three weeks prior to the regular meeting of the Planning Board, 18 copies of the preliminary plat of the proposed subdivision, including 14 copies that are reduced in size and do not exceed 15 inches by 21 inches in sheet size, five completed copies of the Town application form for preliminary approval, two completed copies of the County Planning Board application form and three copies of any protective covenants, deed restrictions or easements applying to the land being subdivided.

[Amended 6-21-2010 by Ord. No. 2010-08]

B. Copies. Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board at least 14 days prior to the hearing to the following:

[Amended 4-16-2007 by Ord. No. 2007-04; 3-5-2012 by Ord. No. 2012-02]

(1) Town Engineer, one copy of drainage calculations.

(2) Historic Preservation Commission.

(3) Environmental Commission.

(4) Town Planner.

(5) Shade Tree Commission.

(6) Fire Department.

(7) Ambulance Corps.

(8) Such other Town, county or state officials as directed by the Board.

C. Hearing. No public hearing shall be had on any preliminary plat for preliminary approval until either the Board receives a report in writing from those to whom copies of the plat have been forwarded or the following time period expires: If within 30 days after receiving the preliminary plat the County Planning Board or any other agency or individual to whom the preliminary plat was forwarded does not return any comments to the Town Planning Board, the preliminary plat shall be deemed to have been approved by it unless by mutual agreement between the Town Planning Board, County Planning Board or other agency or individual receiving the plat and the applicant the thirty-day period shall be extended for an additional thirty-day period, and any such extension shall extend the time within which the various agencies shall be required by law to act.

D. Action by the Board.

(1) If the County Planning Board approves the preliminary plat, its approval shall be noted on the plat. If any disapprovals are concurred in by the Board, a copy of the reasons for disapproval shall be returned to the subdivider with the plat. In the event of disapproval of the plat, the reason for disapproval shall be remedied prior to further consideration. The person submitting the plat shall be notified of the action of the Board within 10 days of its action.

(2) If the Board requires, or if the subdivider voluntarily provides, any substantial change in layout of improvements proposed by the developer that have been the subject of a hearing, the subdivider shall submit an amended plat, which shall be processed the same as in the case of the original filing without the payment of any additional fees unless the number of lots is increased. If the Board requests minor revisions or if the subdivider voluntarily makes minor revision, no additional public hearing shall be required.

(3) If the Board acts favorably on the preliminary plat, the Chairman of the Board (or Acting Chairman in the Chairman's absence) and Secretary of the Board (or Acting Secretary in the Secretary's absence) shall affix their signatures to the plat with a notation that it has been given preliminary approval.

(4) After approval of the preliminary plat, copies of the signed plat shall be furnished to each of the following:

(a) Town Clerk.

(b) Town Engineer or Acting Town Engineer.

(c) Planning Board.

(d) Town Board of Health.

(e) County Planning Board.

(f) Zoning Officer.

(g) Subdivider, for compliance with final approval requirements.

(h) Such other Town, county or state officials as directed by the Board.

E. Approval. Preliminary approval shall confer upon the applicant the rights as set forth in c. 291, P.L. 1975 (N.J.S.A. 40:55D-49).

§ 318-6 Submission of final plat of major subdivision.

A. Procedure.

(1) The subdivider shall cause a final plat to be made in accordance with the requirements of § 318-12, which plat shall conform to the approved preliminary plat, including any modifications therein that were required as a condition of preliminary plat approval, and shall within three years after the date of preliminary plat approval, unless this period has been duly extended by the Board pursuant to N.J.S.A. 40:55D-49d, and at least three weeks prior to the date of a regular Board meeting, file with the Secretary of the Planning Board one Mylar, two cloth and 18 black-on-white paper prints of the final plat, including 14 copies that are reduced in size and do not exceed 15 inches by 21 inches in sheet size and four completed copies of the Town application form for final approval, together with two completed copies of the County Planning Board application form and a performance guaranty which meets the requirements of § 318-7.

[Amended 6-21-2010 by Ord. No. 2010-08]

(2) The final plat shall be accompanied by letters directed to the Chairman of the Planning Board and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that have jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.

B. Copies. The Secretary of the Planning Board shall, within two working days of the filing of said final plat, forward two paper copies to the County Planning Board, together with two copies of its application and one copy of the Town application, and forward a copy thereof to each of the following:

(1) Subdivision Committee.

(2) Town Engineer.

(3) Town Board of Health.

(4) Such other Town, county or state officials as directed by the Board.

C. Engineer's statement. The final plat, as filed, shall be accompanied by a statement by the Town Engineer that he is in receipt of a map showing all utilities and other improvements in the subdivision in exact location and elevation; that he has examined the drainage, erosion, stormwater control and excavation plans and found that the interests of the Town and of neighboring properties are fully protected, and identifying those portions of any improvements already installed and those to be installed; and that the subdivider has either:

(1) Installed all improvements in accordance with the requirements of this article; or

(2) Posted a performance guaranty in accordance with § 318-7.

D. Approval. The Board shall take action on the final plat within 45 days of the submission of the final plat and complete application or within such further time as the applying party may agree to; otherwise, such plat shall be deemed to have been approved and the certificate of the Town Clerk as to the date of the submission of the plat for action and as to the failure of the Board to report action thereon within the aforesaid 45 days or such further time as agreed to by the applying party shall be issued on request of the owner or his agent and shall be sufficient in lieu of the written endorsement or other evidence of favorable action herein required. If the Board disapproves the plat, the findings and reasons for such action shall be stated upon the records of the Board and the applicant shall be given a copy within 10 days of such disapproval.

E. Signatures. If the Board approves the final plat, such action shall be noted on the plat and shall be signed by the Chairman (or Acting Chairman in the Chairman's absence) and Secretary (or Acting Secretary in the Secretary's absence) of the Board.

F. Filing. No plat shall be accepted for filing in the Warren County Clerk's office unless it has been duly approved by the Planning Board and signed by the officials noted above.

G. Copies. Upon final approval, the applicant shall provide sufficient signed copies of the final plat so the Planning Board can file one copy each with the following:

(1) Town Clerk.

(2) Town Engineer or Acting Engineer.

(3) Zoning Officer.

(4) Tax Assessor.

(5) County Planning Board.

(6) Such other Town, county or state officials as directed by the Board.

§ 318-7 Performance guaranty; inspections; conditions for acceptance of improvements.

A. Performance guaranty and inspections. No final plat shall be approved by the Board until complete and satisfactory installation of all items required in § 318-13, such as, but not limited to, streets, monuments, soil erosion and stormwater control measures, water mains, storm sewers, sewage treatment plant, sanitary sewers, dry sanitary sewers and such other improvements, on-site and off-site, required by the Board in the public interest, has been completed, inspected, certified and approved by the Town Engineer and accepted by the Town Council and a maintenance guaranty has been filed and accepted by the Town Council in accordance with the requirements of this section, or their installation shall have been provided for by a performance guaranty accepted and approved by the Town Council in accordance with the requirements of this section before approval of the final plat. No maintenance bond shall be accepted nor shall any partial facility be accepted by the Town for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet Town standards shall be added to the performance guaranty.

B. Estimate. A performance guaranty estimate shall be submitted to the Board by the Town Engineer as part of his report on preliminary plat review, completely detailing the material and work required for the subdivision improvements and an estimated cost of providing them. The Board may request the Town Engineer to review and update this estimate from time to time as required.

C. Submission. The proposed performance guaranty accompanying the final plat shall be submitted to the Board by the subdivider. The Board shall review the proposed performance guaranty and submit it to the Town Engineer and Town Attorney for recommendations as to accuracy and form and then to the Town Council for approval and acceptance by resolution. Final approval shall not be granted until the performance guaranty has been accepted and approved by the Town Council.

D. Performance bond or deposit. The performance guaranty shall consist of the performance guaranty estimate and a performance bond in which the subdivider shall be the principal, with an acceptable surety company licensed to do business in the State of New Jersey, and/or cash or certified check which shall be deposited with the Town by payment to the Town Treasurer, as the surety. The Town Treasurer shall issue his receipt for such deposits and shall cause the same to be deposited in a bank approved by the Town Council, in the name of the Town of Belvidere, to be retained as security for completion of all requirements and to be returned to the subdivider on completion of all required work or, in the event of default on the part of the subdivider, to be used by the Town to pay the cost and expense of obtaining completion of all requirements. If the required improvements have not been installed or constructed in accordance with the standards of the Town or within the stipulated time, the obligor and surety for any bond shall be liable thereon to the Town for the reasonable costs of the improvements or of the uncompleted portions thereof, and upon authorization by the Town Council, the Town Attorney shall take the necessary steps to obtain such costs from the obligor and surety; the Town may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

E. Amount. The total performance guaranty shall equal 100% of the performance guaranty estimate plus an amount equal to 20% of the cost of any facilities installed prior to final submission. Ninety percent of this total shall be in either cash, certified check or surety bond of a bonding company approved by the Town Council. In addition to the performance guaranty, whether with surety company or cash surety, the subdivider shall deposit cash with the Town in an amount equal to 10% of the amount of the approved performance guaranty estimate and the same shall be paid and deposited in like manner and under the same conditions as the security aforesaid. In the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements and the cash, certified check or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond may recite the foregoing provision. The Town Engineer's determination that the principal has defaulted in meeting the required standards of the construction shall be the basis of the Town Council action which accepts or rejects the improvements, grants partial approval or withholds approval.

F. Notification. The Town Clerk shall notify the Secretary of the Planning Board and the Town Engineer prior to the Board's next regular meeting that the performance guaranty has been approved and accepted by the Town Council.

G. Inspection at installation. All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Town Engineer to ensure satisfactory completion. The Town Engineer shall be notified by the subdivider five days in advance of the start of construction. The cost of the inspection shall be the responsibility of the subdivider and he shall deposit with the Town Treasurer cash equal to 2% of the amount of the performance guaranty estimate prior to beginning construction, but an amount not less than $250. This deposit shall be in addition to the amount for the performance guaranty outlined in Subsection E above. If the inspection costs exceed such funds, the subdivider shall deposit with the Town Treasurer additional sums upon notice from the Town Engineer and approval of the Town Council.

H. Inspection prior to construction. In no case shall any paving work, including prime and seal coats, be done without permission from the Town Engineer prior to any such construction so that a representative of the Town Engineer's office may be present at the time the work is to be done. No underground installation shall be covered until inspected and approved. The Town Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work: road subgrade, curb and gutter forms; curbs and gutters; road paving, after each coat in the case of priming and sealing; drainage pipes and other drainage structures, before backfilling; shade trees and planting strips; street name signs; and monuments. Electrical, gas and telephone utility distribution supply lines installed by the utility companies are exempt from the above requirements.

I. Occupancy permits. Occupancy permits will be issued only when any curbs, all utilities, all functioning water supply and sewage treatment facilities, all necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, base course for the driveway, four-inch compacted base course of macadam driveway and four-inch compacted base course of macadam base course for the streets are installed to serve the lot and structure for which the permit is requested. Streets, if installed prior to final approval, shall not be paved until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass areas shall be the last operation.

J. Absolution of liability. Inspection by the Town of the installation of improvements and utilities by the subdivider shall not subject the Town to liability for claims, suits or liability of any kind that may at the time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the subdivider and his contractors or subcontractors, if any.

K. "As constructed" plan. After completing the construction of the public improvements covered by the performance guaranty, the subdivider shall prepare two sets of the public improvements and utility plans and profiles, amended to read "as constructed," and apply to the Town Engineer for final inspection of the work. The Town Engineer shall, within 30 days of completing the inspection, report to the Town Council on the condition of the work and recommend that the performance guaranty be released, extended or declared in default, in whole or in part.

L. Liability under performance guaranty; release. The Town Council shall, by resolution, release, extend or declare in default each performance guaranty. Such performance guaranty shall remain in effect until released by the Town Council. If any improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Town for the reasonable costs over and above the 10% cash deposit of the improvements not installed, and upon receipt of the proceeds thereof, the Town shall install such improvements.

M. Conditions of acceptance of improvements; maintenance guaranty.

(1) The approval of any plat under this article by the Board shall in no way be construed as acceptance of any street, drainage system or other improvements required by this article, nor shall such plat approval obligate the Town in any way to maintain or exercise jurisdiction over such street, drainage system or other improvements. Acceptance of any street, drainage system or other improvement by the Town shall be implemented only by favorable action by the Town Council.

(2) No improvement shall be accepted by the Town Council unless and until all of the following conditions have been met:

(a) The Town Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this article and of other applicable local ordinances.

(b) The final plat shall have been approved by the Board.

(c) The subdivider shall have filed with the Town Council, and the Town Council shall have accepted and approved, a maintenance guaranty of not more than 15% of the cost of installing the improvements, which guaranty shall run for a period not to exceed two years after final acceptance of the improvement. The final amount of the maintenance guaranty shall be based on the recommendation of the Town Engineer, which shall consider, among other things, the length of time the improvement has been installed prior to filing of the maintenance guaranty. The procedures and requirements governing such maintenance shall be identical to the procedures and requirements for a performance guaranty set forth in Subsection D.

(3) In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Town for such utilities or improvements.

§ 318-8 Plat standards.

No subdivision request shall be accepted unless submitted in plat form, and no plat shall be accepted for consideration unless it fully conforms to the following requirements as to form, content and accompanying information and complies with the provisions of N.J.S.A. 46:23-9.9 et seq. (Map Filing Law),[1] as amended, and shall have been drawn by a professional engineer or land surveyor, as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the professional engineer, land surveyor and/or architect.

[1] Editor's Note: See now N.J.S.A. 46:26b-1 et seq.

§ 318-9 Standards for minor subdivision plat for classification and approval.

A minor subdivision plat shall be clearly and legibly drawn at an accurate scale of not less than one inch equals 100 feet and shall be based on an actual survey certified by a land surveyor licensed in New Jersey. Plats shall be presented on sheet(s) of one of the following dimensions: 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches or 8 1/2 inches by 13 inches. The plat shall be designed in compliance with the provisions of § 318-13 and, in addition, shall show the following information:

A. Lots. All lots being subdivided, together with the boundary and acreage of the entire original tract, and the number of new lots being created; the area of each lot shown, correct to one square foot.

B. Property lines. All existing and proposed property lines within and immediately adjoining the tract and all lot lines to be eliminated. All lot lines shown shall be correct to 1/100 of a foot.

C. Structures. All existing buildings and structures, wooded areas and streams, lakes and drainage rights-of-way and streets within the limits of the tract(s) being subdivided and any within 200 feet thereof, including the location, size and direction of flow of all streams, brooks, drainage structures and drainage rights-of-way. Any existing features to be removed or relocated shall be indicated. Stream encroachment lines within the tract shall be shown. General topographic data and general drainage system shall be shown.

D. Distances. The shortest distance from any existing buildings to any proposed and existing lot line.

E. Rights-of-way. The existing and proposed right-of-way width of all easements and all streets within and adjoining the premises, together with the street names and the purpose of any easement. Sight triangles shall be shown.

F. Names. The name of the owner and all adjoining property owners as disclosed by the most recent Town tax records.

G. Lot and block. Tax Map sheet, block and lot number; date; meridian; graphic scale; North arrow; and the subdivision application number.

H. Zoning district(s). If the property lies in more than one zoning district, the plat shall indicate all the zoning district lines.

I. Subdivider. The name, address, phone number and signature of the owner, subdivider and person preparing the plat.

J. Percolation. When on-lot water and/or on-lot sewage disposal are proposed, the plat shall be accompanied by the results of the percolation test(s). The percolation test(s) shall have been located on each proposed lot and at the site of the proposed septic tank and appropriate additional locations in the leaching field within each site and shall be accompanied by the approval of the appropriate Town and state agencies. The percolation test(s) shall include all data required by the Town and state agencies, including, but not limited to, the date of the test(s), the location of each test shown on the plat, cross section of the soil to a depth of at least 10 feet below finished grade, groundwater level, the rate of percolation, the weather conditions prevailing at the time of the test(s) as well as for the preceding 24 hours and a cross section of the proposed septic field. The test(s) shall be performed at the applicant's expense. Each lot proposed shall show the location of the proposed individual water supply and sewage disposal system.

§ 318-10 Standards for sketch plat of major subdivision submitted for classification.

The sketch plat shall be titled as such and shall be based on Tax Map information or some other similarly accurate base, at a scale of not less than 100 feet to the inch in order to enable the entire tract to be shown on one sheet. Plats shall be presented on sheet(s) of one of the following dimensions: 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches or 8 1/2 inches by 13 inches, and shall show or include the following information:

A. Required data. All the data required under § 318-9 above, except lot areas need only be measured to the nearest 1/10 acre and lot line dimensions need only be measured to the nearest whole foot. The location of that portion which is to be subdivided shall be shown in relation to the entire tract: contour lines, when required by the Planning Board; all existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof; a tentative lot and street layout; and all streets, roads, streams, watercourses and drainage rights-of-way within 500 feet of the subdivision.

B. Key map. A key map showing the entire subdivision and its relation to surrounding areas, at a scale of not less than one inch equals 800 feet.

§ 318-11 Standards for preliminary plat of major subdivision.

The preliminary plat shall be titled as such and shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Plats shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches or 8 1/2 inches by 13 inches. The plat shall be designed in compliance with the provisions of § 318-13 and, in addition, shall show the following information:

A. Key map. A key map showing the entire subdivision and its relation to surrounding areas, including political boundaries, at a scale of not less than one inch equals 2,000 feet for tracts exceeding five acres and at a scale of not less than one inch equals 800 feet for tracts less than five acres.

B. Title. A title containing the name of the subdivision; the name of the municipality; Tax Map sheet, block and lot number; date of preparation and most recent revision; meridian; North arrow; written and graphic scales; the names, addresses, phone numbers and signatures of the owner, subdivider and persons who prepared the plat(s); the names of all property owners within 200 feet of the extreme limits of the subdivision; the name and address of the engineer and land surveyor who prepared the map and their professional seal and signatures; and the subdivision application number.

C. Acreage. The acreage of the original tract being subdivided, measured to the nearest tenth of an acre, and the number of new lots created, each lot measured and labeled to the nearest square foot. The part being subdivided shall be clearly distinguished from any portion being retained.

D. Elevations and contours. A map showing existing and proposed elevations and contour lines over the entire area of the proposed subdivision at consistent five-foot contour intervals, together with watercourses and an indication of the final disposal of the surface waters. All elevations shall be related to a bench mark noted on the plan.

E. Rights-of-way and natural features. The locations and dimensions of existing and proposed railroad rights-of-way, bridges and natural features, such as wooded areas, watercourses, lakes and views, within the subdivision.

F. Watercourses. All existing and proposed watercourses, including lakes, ponds and marsh areas, shall be shown and accompanied by the following information or data:

(1) When a running stream with a drainage area of 1/2 square mile or greater is proposed for alteration, improvement or relocation or when a structure or fill is proposed over, under, in or along such a running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the subdivision.

(2) Cross sections and profiles of watercourses at an appropriate scale, showing extent of floodway and flood hazard area, top of bank, normal water level and bottom elevations at the following locations:

(a) All watercourses within or adjacent to the subdivision and at any point where a watercourse crosses a boundary of the subdivision.

(b) At fifty-foot intervals for a distance of 300 feet downstream of any proposed culvert or bridge within the subdivision and/or within 1,000 feet downstream of the subdivision.

(c) At fifty-foot intervals up to 300 feet upstream and downstream of any point in juncture of two or more watercourses within and/or within 1,000 feet of the subdivision.

(d) At a maximum of five-hundred-foot intervals, but at no less than two locations, along each watercourse which runs through or within 500 feet of the subdivision.

(e) When ditches, streams, brooks or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation as well as typical ditch sections and profiles shall be shown on the plan or accompany it.

G. Drainage. All existing and proposed drainage shall be shown and accompanied by the following information or data:

(1) The total acreage in the drainage basin of any watercourse running through or adjacent to a subdivision in the area upstream of the subdivision.

(2) The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the subdivision which drains to the structure.

(3) The location and extent of drainage and conservation easements and stream encroachment lines.

(4) The location, extent and water level elevation of all existing or proposed lakes or ponds within or adjacent to the subdivision.

(5) The plans and computations for any storm drainage system, including the following:

(a) All existing or proposed storm sewer lines within or adjacent to the subdivision, showing size and profile of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.

(b) The location and extent of any proposed dry wells, groundwater recharge basins, retention basins, detention basins, flood control devices, sedimentation basins and other water conservation devices.

H. Trees. The locations of all individual existing trees outside the wooded areas shown as required under § 318-13D(3), having a caliper of 12 inches or more as measured five feet above ground level, shall be shown; also, the proposed location of shade trees to be provided by the subdivider in accordance with § 318-13D(3).

I. Streets. The names, locations and dimensions (cartway and right-of-way widths) of all existing streets within a distance of 300 feet from the boundaries of the subdivision and showing any connections from the proposed streets in the subdivision to nearby arterial and collector streets as those streets are shown on the adopted Master Plan.

J. Easement rights-of-way. The names, locations and right-of-way widths of existing and proposed easements and other rights-of-way in the subdivision and their purpose(s) and the location and description of all monuments.

K. Lot lines. All proposed lot lines, including existing lot lines to remain and those to be eliminated, and all setback lines required by the Zoning Ordinance[1] with the dimensions thereof, and the areas of all lots shown in square feet, correct to one square foot. Any lot(s) to be reserved or dedicated to public use shall be identified and the proposed use of lots for other than residential shall be shown. Each block shall be numbered and the lots within each block shall be numbered consecutively beginning with No. 1. For predominately residential subdivision, a statement of the proposed number of dwelling units shall be included.

[1] Editor's Note: See Ch. 505, Zoning.

L. Structures. Locations of all existing structures, showing existing and proposed front, rear and side yard setback distances and an indication of all existing structures and uses to be retained and those to be removed.

M. Proposed streets. Plans, cross sections, center-line profiles, tentative grades and details of all proposed streets and of the existing streets abutting the subdivision based on the vertical datum specified by the Town Engineer, together with full information as to the disposal of surface drainage, and including plans, cross sections and profiles of curbing, sidewalks, storm drains and drainage structures. Typical street cross sections shall indicate type and width of pavement and the location of curbs, sidewalks and shade planting. At intersections, the sight triangles, radii of curblines and street sign locations shall be clearly indicated.

N. Utilities. Plans and profiles of proposed improvements and utility layouts (sanitary sewers, storm sewers, erosion control, stormwater control, excavation, water mains, gas, telephone, electricity, etc.), showing feasible connections to any existing or proposed utility systems. If private utilities are proposed, they shall comply fully with all Town, county and state regulations. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures. When on-lot water or sewage disposal is proposed, the plan for such system shall be approved by the appropriate Town and state agencies and the results of percolation tests shall be submitted with the preliminary plat in accordance with the procedures outlined in § 318-9J.

O. Zoning district(s). If the property lies in more than one zoning district, the plat shall indicate the zoning district lines.

§ 318-12 Standards for final plat of major subdivision.

[Amended 6-21-2010 by Ord. No. 2010-08]

The final plat, titled as such, shall be submitted in the form on one Mylar, two cloth and 18 black-on-white paper prints on sheets of uniform size of one of four standard sizes, namely: 30 inches by 42 inches, 24 inches by 36 inches, 15 inches by 21 inches or 8 1/2 inches by 13 inches; provided, that when more than one sheet is required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet and each separate sheet shall show references to the adjoining sheets at a scale of not less than one inch equals 200 feet and in compliance with the provisions of N.J.S.A. 46:23-9.9 et seq. (Map Filing Law),[1] as amended.

A. Map information. Tract boundary lines, street lines, easements and other rights-of-way, street names, land reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and central angles of all curves shall all be based on an actual survey by a land surveyor licensed to practice in the State of New Jersey. All dimensions, both linear and angular, of the exterior boundaries of the subdivision shall be balanced and closed within a limit of error of one to 10,000, and of all lot lines, to within one to 20,000. All dimensions, angles and bearings given on the map must be referenced to at least two permanent monuments not less than 300 feet apart which shall be indicated on the map.

B. Block and lot numbers. Block and lot numbers in accordance with established standards and in conformity with the Town Tax Map as approved by the Town Engineer.

C. Street data. Cross section, profiles and established grades of all streets as approved by the Town Engineer.

D. Sewers. Plans and profiles of all storm and sanitary sewers and water mains as approved by the Town Engineer.

E. Monuments. Location and description of all monuments as required under § 318-13D(4), with at least one corner of the subdivision tied to United States Geological Survey bench mark(s) with data on the plat as to how the bearings were determined.

[1] Editor's Note: See now N.J.S.A. 46:26B-1 et seq.

§ 318-13 Design standards for all subdivisions.

The subdivider shall observe the following requirements and principles of land subdivision in the design of each minor and major subdivision or portion thereof in a manner also conforming to other ordinances of the Town governing land development:

A. General. Any minor or major subdivision plat(s) shall demonstrate conformance to design standards that will encourage good development patterns within the Town. 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, scenic sites, historic sites and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. In accordance with good subdivision practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made acceptable to the Board. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development. The materials and methods of construction for miscellaneous street structures shall be in accordance with Division 5 of the Specifications of the New Jersey State Highway Department.

B. Streets.

(1) Major and minor subdivisions shall be served by paved public streets within the subdivision with an all-weather base and pavement with an adequate crown. 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 and should conform to the topography as far as practicable.

(2) When a new subdivision adjoins land capable of being subdivided, suitable provision shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets.

(3) Local streets shall be so designed as to discourage through traffic.

(4) In all residential zones, all major subdivisions bounded by any freeway, arterial or collector street shall control access to said streets by having all driveways intersect marginal service streets, parallel streets or the limited number of intersecting side streets. In addition, that portion of the subdivision abutting the freeway, arterial or collector street right-of-way shall be planted with nursery-grown trees to a depth of not more than 25 feet from the right-of-way line and for the full length of the subdivision so that in a reasonable period of time a buffer will exist between all development and the highway. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. No driveways shall enter onto freeways. Driveway entrances to arterial or collector streets shall be prevented as much as possible. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street.

(5) In all major and minor subdivisions, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule:

Street Classification	Right-of-Way Width (feet)	Pavement Width (feet)
Arterial	86	48
Collector	66	40
Primary local	50	30
Secondary local	50	24

(6) No minor or major subdivision showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Town Council.

(7) In the event that a minor or major subdivision adjoins or includes existing Town streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this article, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design. The additional widening may be offered to the Town for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Town of Belvidere permitting the Town to enter upon these lands for the purposes provided for and expressed in the Land Subdivision Ordinance of the Town of Belvidere." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. For a major subdivision, that portion of the existing street or road adjoining or included within a subdivision shall be improved, including excavation, grading, gravel base and surfacing, in accordance with the road improvement standards of this article.

(8) Longitudinal grades on all streets shall not exceed 10% on primary and secondary local streets nor 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 1/2 of 1%. Maximum grades within intersections shall be 3%. The maximum slope of the cartway toward the curbline or edge of the shoulder shall be 3%. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.

(9) Intersecting street center lines shall be as nearly at right angles as possible and in no case shall be less than 60° at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street. No more than two street center lines shall meet or intersect at any one point, and the center lines of both intersecting streets shall pass through a common point. Streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street center lines, the two intersections shall be spaced a sufficient distance to permit a minimum of two lot depths between rights-of-way. Any subdivision abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 1,000 feet within the boundaries of the tract being subdivided on the same side of the street. Intersections shall be rounded at the curbline, with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterials, 35 feet; collector, 35 feet; and local streets, 25 feet. In the spacing of streets, consideration shall be given to the location of existing intersections on both sides of the development.

(10) For both major and minor subdivisions, sight triangle easements shall be required at all intersections, in addition to the right-of-way width outlined above, in which no grading, planting or structure shall be erected or maintained more than three feet above the street center line except for street signs and streetlight standards. The sight triangle is defined as that area outside the right-of-way which is bounded by the intersecting street lines and a straight line connecting "sight points," one each, located on the two intersecting street center lines: arterial streets, 300 feet; collector streets, 200 feet; and local streets, 90 feet. Where the intersecting streets are both arterials, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight point noted above with a sight point 90 feet on the intersecting street. Such easement dedication shall be expressed on the plat as follows: "Sight triangle easement to which the area is subject to the provisions of the Land Subdivision Ordinance of the Town of Belvidere."

(11) A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction from each other at any one point by more than 10°, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be 350 feet for local streets, 500 feet for a collector street and 800 feet for an arterial street.

(12) All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade or portion thereof and providing minimum sight distances of 350 feet for local streets, 500 feet for a collector street and 800 feet for an arterial street.

(13) Dead-end streets (culs-de-sac).

(a) Dead-end streets (culs-de-sac) of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius equal to the street right-of-way and a cartway radius equal to the cartway width of the street. The center point for the radius shall be on the center line of the associated street, or if offset, offset to a point where the radius becomes tangent to one of the curblines of the associated street.

(b) If a dead-end street is of a temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties when the street is extended.

(14) No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Town.

(15) Town streets shall be constructed in accordance with the following schedule and specifications. All construction work shall be performed in accordance with the specifications of the Town and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, current edition, and any supplements, addenda and modifications thereof. All subsequent references to specifications in this article refer to the requirements of either or both of the cited specifications. The various pavement courses shall be constructed in accordance with the following specifications:

(a) Subgrade.

[1] The bottom of the excavation of the box to receive the pavement surface and the top of the fill, when completed, shall be known as the "subgrade" and shall be true to line, grade and cross section established or indicated on approved drawings. After all drains have been laid and the subgrade has been shaped and compacted with a suitable material, it shall be brought to a firm, unyielding surface by rolling the entire area with an approved three-wheel power roller weighing not less than 10 tons. Areas which are soft and yielding and other portions of the subgrade which do not attain the required stability or will not compact readily when rolled or tamped shall be removed. All loose rock or boulders found in the earth excavation shall be removed or broken off to a depth of not less than six inches below the surface of the subgrade, except that industrial and commercial streets and arterial and collector streets shall have a subgrade of at least eight inches of compacted suitable material. All holes or depressions made by the removal of material shall be filled with suitable material and the whole surface compacted uniformly. Suitable material shall include one-inch quarry blend, graded slag or soil aggregate (Type 5, Class A, conforming to New Jersey Department of Transportation specifications). Any sand shall be free of all loam, silt or clay.

[2] If the surface of the present roadway conforms approximately to the surface of the finished subgrade, it shall be scarified or rooted to a uniform depth for the full width of the paved surface sufficient to eliminate all depressions and irregularities and to permit uniform reshaping. When necessary, additional approved material shall be added to bring the subgrade to the desired elevation and cross section, and the whole area shall be rolled as previously specified, until thoroughly compacted. Sod, roots and other objectionable material shall not be used in forming the subgrade.

[3] All ditches and drains shall be completed before the placing of any pavement construction materials. The developer shall protect the subgrade at all times and keep it in such condition that it will drain adequately. Neither foundation nor surfacing material shall be deposited on the subgrade until the subgrade has been checked and approved by the Town Engineer.

(b) Base course. Upon the completed subgrade a macadam foundation shall be constructed having a compacted thickness of not less than four inches and shall be constructed of two-and-one-half-inch-size aggregate consisting of broken stone of traprock. The binder shall be traprock screenings, Grade B. The method of construction shall be that described in the New Jersey State Highway Department Standard Specifications (1961), Division 3, Section 2, Article 3.2.3.

(c) Intermediate course. Upon the completed macadam base course a modified penetration macadam intermediate course shall be constructed having compacted thickness of not less than two inches and shall be constructed of one-and-one-half-inch-size aggregate consisting of broken stone of traprock. The choke aggregate shall be five-eighths-inch broken stone. The bituminous binder shall be asphaltic cement, Penetration Grade 85-100 or 100-120, or tar, Grade RT-11 or RT-12, and shall be applied at the rate of not less than 1.65 gallons per square yard nor more than 1.75 gallons per square yard. The method of construction shall be that described in the New Jersey State Highway Department Standard Specifications (1961), Division 3, Section 4, Article 3.4.3.

(d) Surface course. The bituminous concrete surface course, hot-mixed, Type SM-1, shall have a compacted thickness of 1 1/2 inches and shall be constructed with a minimum weight of 165 pounds per square yard. The method of construction shall be that described in the New Jersey State Highway Department Standard Specifications (1961), Division 3, Section 10, Article 3.10.3.

(e) Shoulders. The shoulders, where required, shall be constructed, unless otherwise specified, of shoulder stone, as directed, and rolled with a three-wheel power roller weighing not less than 10 tons. At the discretion of the Town Engineer, a roller weighing not less than four tons may be used for this purpose. When completed, the shoulders shall be to the required cross section.

(f) Excavation and embankment. Excavation and embankment shall consist of grading the full width of the right-of-way, in conformity with the specification, accurately to approved line and grade. Grading shall include clearing and grubbing, removal of structures and obstructions, as directed, excavating, forming embankments, shaping and sloping, compacting and all other work that may be necessary to bring the roadway and its appurtenances to the required grade, alignment and cross sections. Grading of all intersections (roadways, driveways and approaches) and adjacent property to the limit of the slope lines is included in this provision.

[1] Grubbing and clearing. The developer shall remove and dispose of all trees, stumps, roots, brush, weeds, etc., and fill the holes with suitable material and thoroughly compact the same. Culverts shall be cleaned and cleared of obstructions where directed or specified. All branches of trees projecting over the curbline which hang closer than 14 feet to the surface of the roadway shall be removed.

[2] Roadway excavation. Roadway excavation shall include the removal and satisfactory disposal of all materials taken from within the limits of the work that are necessary for the construction and preparation of the roadbed, embankment, subgrade, shoulders, slopes, side ditches, drainage structures, trenches, waterways, intersections, approaches and private entrances, as indicated or directed. All suitable materials removed from the excavations shall be used, as far as practicable, in the formation of the embankment, subgrade and shoulders and at such other places as directed. Ditches and waterways shall be excavated to the depth and width shown on plans or as may be indicated and directed. During the construction of the roadway, the roadbed shall be maintained in such condition that it will be well drained and at all times open to local traffic.

[3] Embankment. Embankments shall be formed of suitable material placed in successive layers of not more than 12 inches in depth for the full width of the cross section and shall be compacted by approved mechanical equipment and by distributing the necessary hauling uniformly over each succeeding layer. Stumps, trees, rubbish and/or other unsuitable material or substance shall not be placed in the embankments.

[4] Borrow excavation. When the amount of the embankment exceeds the amount of the excavation within the limits of the work, sufficient suitable material shall be obtained by the developer from borrow pits located beyond the limits of the work. This material shall be known as "borrow" and shall be of a quality satisfactory for the purpose for which it is required, and it shall be approved by the Town Engineer. Borrow will include the furnishing, removal, placing and satisfactory compaction of the additional material necessary to complete the embankments, subgrade and shoulders.

[5] Slopes. Slopes in embankment and excavation will be formed in the ratio of 1 1/2 horizontal to one vertical unless otherwise directed by the Town Engineer.

C. Drainage.

[Amended 3-20-2006 by Ord. No. 2006-06]

(1) All stormwater management measures for a development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Chapter 433, Stormwater Control, of the Code of the Town of Belvidere and N.J.A.C. 5:21-7 et seq.

(2) For developments not defined as a "major development," stormwater management measures shall only be developed to meet the stormwater runoff quantity requirements in Chapter 433, Stormwater Control, § 433-4, of the Code of the Town of Belvidere.

D. Additional design standards.

(1) Street signs. Street signs shall be metal on metal posts of the type, design and standard previously installed elsewhere in the Town. The location of the street signs shall be determined by the Board, but there shall be at least two street signs furnished at each intersection. All signs shall be installed free of visual obstruction.

(2) Curbs and gutters. Concrete curbs and gutters, on concrete curb, shall be installed on every street within the development and at intersections with Town roads, county roads and state highways. The standard curb section to be used shall be not more than 10 feet in length, measuring six inches in width at the top and eight inches in width at the base, 18 inches deep, of Class B concrete and shall be set in accordance with approved lines and grades. Radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Where integral concrete curb and gutter is used, the bituminous cartway is to be reduced in width by four feet, with the two-foot concrete gutter on each side making up the four-foot reduction. Driveway aprons shall be provided.

(3) Shade trees. Shade trees shall be planted where required. All shade trees shall have a minimum caliper of 1 1/2 inches measured three feet above the ground and be of a species approved by the Shade Tree Commission. Trees shall be planted between 50 feet and 60 feet apart and 20 feet from the curbline. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots. Special attention shall be directed toward the preservation of major trees by professional means.

(4) Monuments. Monuments shall be of the size and shape required by Section 4 of Chapter 141 of the Laws of 1960, as amended,[1] and shall be placed in accordance with said statute and as indicated on the final plat. The top of the monument shall be flush with the final grade. All lot corners shall be marked with a metal alloy pin of permanent character.

[1] Editor's Note: N.J.S.A. 46:23-9.11q was repealed by L.2011, c. 217, § 2, effective May 1, 2012.

(5) Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. The Town may require easements or rights-of-way of sufficient width along watercourses to permit trunk and feeder sanitary sewers, storm sewers and other utility services.

(6) Sidewalks. Sidewalks shall be required at the Board's discretion, depending on the probable volume of pedestrian traffic, the development's location with relation to other populated areas and the general type of improvement intended. Where required, sidewalks shall be at least five feet wide and located as approved by the Board. Sidewalks shall be concrete and shall be constructed in accordance with Division 5 of the specifications of the New Jersey State Highway Department, as amended.

(7) Public utilities.

(a) All public services shall be connected to an approved public utilities system, where one exists. For all major subdivisions, the subdivider shall arrange with the servicing utility for the underground installation of the utilities, distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and the subdivider shall provide the Town with three copies of a final plat showing the installed location of these utilities. For minor subdivisions, service connections shall be made underground where the supply lines that serve the lands being subdivided are underground. For major and minor subdivisions, the subdivider shall submit to the Board, prior to the granting of final approval, a written instrument for each serving utility, which shall evidence full compliance or intended full compliance with the provisions of this subsection, provided that lots which, in such subdivision(s), abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.

(b) An installation under this subsection to be performed by a servicing utility shall be exempt from the provisions of § 318-7 requiring performance guaranties and inspection and certification by the Town Engineer. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal the apparatus year-round. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the Board for an exception from the terms of this subsection, in accordance with the procedure and provisions of § 318-14A.

E. Blocks in minor and major subdivisions.

(1) Block length, width and acreage within the block's boundary roads shall be sufficient to accommodate the size of lot required in that zoning district by the Zoning Ordinance[2] and to provide for convenient access, circulation control and traffic safety.

[2] Editor's Note: See Ch. 505, Zoning.

(2) Blocks over 1,000 feet long shall be discouraged, but where they are used, pedestrian crosswalks between lots may be required in locations deemed necessary by the Board. Such walkways shall be at least 10 feet wide and be straight from street to street.

F. Lots in minor and major subdivisions.

(1) Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance.[3]

[3] Editor's Note: See Ch. 505, Zoning.

(2) Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

(3) Each lot must front upon an approved, paved public street at least 50 feet in width. Through lots with frontage on two streets will be permitted only under the following conditions:

(a) Where the lot abuts an arterial or collector street;

(b) Where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and

(c) Where access shall be to one street only, which street shall be the one with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access is prohibited.

(4) Where extra width has either been dedicated or provided for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.

(5) Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, where percolation tests or soil logs show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment, rock formations, slopes in excess of 30% or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Board shall give its reasons, notify the applicant within 10 days of the official action and enter its action in the minutes and on each denied lot on the plat.

G. Public utility easements, natural features, erosion and conservation efforts and service areas in minor and major subdivisions.

(1) In large-scale developments, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Town departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines. Easement dedication shall be expressed on the plat in accordance with the provisions of §§ 318-9E and 318-11J.

(2) Natural features, such as trees, brooks, swamps, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features. On individual lots, care shall be taken to preserve selected trees to enhance the landscape treatment of the area.

(3) Conservation easements. Where the Master Plan or Official Map of the Town delineates floodplains and conservation easements to protect streams from siltation and adjoining banks from erosion, flood plans and conservation easements shall be furnished to the Town by the subdivider. The conservation easement shall include the property between the drainage easement as established on any adopted Official Map and a line approximately parallel to the top of the bank and 25 feet distant back from it. This conservation easement prohibits the removal of trees and ground cover except for the following purposes: The removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes. The easements shall be indicated on the preliminary and final plat and shown in such a manner that the boundaries thereof can be accurately determined. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "Conservation easement granted to the Town of Belvidere for the purposes provided for and expressed in the Land Subdivision Ordinance of the Town of Belvidere."

(4) Where natural streams, ponds or pond sites exist or are proposed on lands to be subdivided, where feasible, facilities shall be provided to draft water for Town firefighting purposes that are usable all seasons of the year. This shall include access to a public street suitable for access by firefighting equipment and construction of or improvements to ponds, dams or similar on-site developments where feasible. Such facilities shall be constructed to the satisfaction of the Town Engineer and in accordance with fire insurance rating organization standards.

(5) Erosion, stormwater control and excavation.

(a) Excavation of soil other than as required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted, but shall be done in the following manner to minimize or eliminate the erosion of soil:

[1] The fertility of the soil shall be preserved.

[2] Lateral support and grades of abutting lands, structures and other improvements shall be maintained.

[3] Pits and declivities which are hazardous or can provide insect breeding locations shall be prevented.

[4] The physical limitations and characteristics of the soil shall not be altered to prevent the use for which the land may be lawfully put.

[5] Drainage, dust and mud on the premises in question as well as on abutting lands shall be controlled.

[6] Soil erosion by wind and water shall be controlled.

[7] Soil that does erode due to water shall be directed through a desedimentation basin for collection and later redistributed throughout the site.

(b) Each tract shall have a soil erosion prevention plan, to accompany the preliminary plat, which shall show temporary sedimentation basin(s) through which stormwaters will be directed during periods of construction. The plan shall show existing contours, temporary contours, temporary ditching and final contours. In addition, the plan shall outline general construction stages to illustrate what portion(s) of the site will be unprotected at various stages, the maximum amount of land to be exposed at various stages, the availability and use of water trucks to prevent dust and erosion by wind, areas where topsoil will be stockpiled during construction period(s), the areas where it will be redistributed after completion of the applicable stage of construction, the methods of seeding the topsoil while it is stockpiled and again after its redistribution, and a plan of progressing toward completion of the entire project that shall outline how and at what stages and approximate times the previously exposed areas will be final graded and seeded or paved or by some other means have the soil stabilized prior to completion of the entire project so that permanent soil erosion prevention methods will be employed at the earliest possible time.

(c) Tracts where permanent stormwater detention basins are either proposed or required shall be constructed in the following manner [more than one facility may be constructed]: Each detention pool shall contain a primary water depth with a capacity to accept all the surface water directed to it from a four-inch rain in 24 hours. Vertical holes filled with coarse rock shall be provided within the detention pool(s) to assist water percolation into the soil for the detained water at the primary water level. Each detention pool shall be designed for a secondary water depth which shall provide for water to be drained off through outlets. The secondary water depth shall, together with the primary water depth capacity, accept all the surface waters directed to it from a five-inch rain in 24 hours. Each detention pool shall also have a tertiary water depth which will allow water levels in excess of the secondary water depth capacity to drain out one or both ends along the surface of a spillway to a natural drainage course. The rate of discharge shall not exceed the rate and volume at which stormwater left the property when the property was in its natural state. The tertiary water depth capacity shall, together with the primary and secondary water depth capacities, accept all the surface water directed to it from a six-inch rain in 24 hours.

(d) Impoundment/detention basins along any stream that maintains a steady flow of water throughout the year may be constructed, provided any improvements designed to provide such impoundment/detention facilities shall be designed to meet the standards of and have the approval of the New Jersey Department of Environmental Protection and shall have the proper amount of sustained water flow downstream, proper water depth to control vegetation and the proper design to prevent water stagnation in any part of the pond.

(6) Water supply.

(a) Where water is accessible from a servicing utility, the subdivider shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot or dwelling unit within the subdivision or development. The entire system shall be designed in accordance with the requirements and standards of the Town, county and/or state agency having approval authority and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure.

(b) Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Town and/or state agency having jurisdiction.

(7) Sanitary sewers and septic systems.

(a) If a sewage treatment and distribution system is accessible, the subdivider shall construct facilities in such a manner as to provide adequate sewerage within the subdivision to transport all sewage from each lot and the total development to the treatment and distribution system. Where a treatment and distribution system is part of the adopted Town capital improvements program and said system will be accessible to the proposed subdivision, the subdivider shall install dry sewers designed to tie into the proposed Town facility upon its completion.

(b) Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Department of Environmental Protection and Town ordinances.

(8) Percolation. When on-lot water and/or on-lot sewage disposal are proposed, the plat shall be accompanied by the results of the percolation test(s). The percolation test(s) shall have been located on each proposed lot and at the site of the proposed septic tank and appropriate additional locations in the leaching field within each site and shall be accompanied by the approval of the appropriate Town and state agencies. The percolation test(s) shall include all data required by the Town and state agencies, including, but not limited to, the date of the test(s), the location of each test shown on the plat, cross section of the soil to a depth of at least 10 feet below finished grade, groundwater level, the rate of percolation, the weather conditions prevailing at the time of the test(s) as well as for the preceding 24 hours and a cross section of the proposed septic field. The test(s) shall be performed at the applicant's expense. Each lot proposed shall show the location of the proposed individual water supply and sewage disposal system.

(9) Recycling facilities. There shall be included (designed and built) within all multifamily housing developments, which shall mean any building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other or a group of such buildings, recycling facilities, which shall mean an area allocated for collection and storage of source-separated recyclable solid waste materials, meeting the following criteria:

[Added 5-16-1994 by Ord. No. 94-06]

(a) The facility may be located either indoors or out-of-doors and shall provide for the safe, efficient and sanitary collection and storage of residentially generated recyclable materials.

(b) The dimensions and volume capacity of the recycling facilities shall be sufficient to accommodate recycling bins or containers which are of an adequate size and number so as to be consistent with the anticipated usage and current methods of collection of such materials in the Town of Belvidere.

(c) The dimensions and capacity of the recycling facility and of the bins and containers contained therein shall be determined after prior consultation with the Recycling Coordinator of the Town of Belvidere.

(d) The recycling facilities shall be consistent with the district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13 and with all applicable provisions of the Recycling Plan Element of the Master Plan of the Town of Belvidere and the provisions of N.J.S.A. 40:55D-28b(12), with the exception that the provisions thereof shall be deemed applicable to multifamily housing developments as hereinabove defined.

(e) The recycling facility shall be conveniently located for efficient disposition by the residents of source-separated recyclable materials in proximity of but clearly separated from a solid waste refuse dumpster or dumpster area.

(f) The recycling facility area shall be well lighted and shall provide safe and convenient access to the users thereof and the recycling personnel, their vehicles and equipment, which shall be able to readily access the recycling facility area without interference from parked cars or other obstacles.

(g) Reasonable measures shall be taken to secure and protect the recycling facility area against the theft of recyclable materials, bins or containers.

(h) The recycling facility shall be designed, located and protected against adverse environmental conditions which might otherwise render the collected materials unusable or unmarketable, including, but not limited to, provision that recyclable paper and cardboard shall be stored in a facility with a closed lid, in order to keep the same dry.

(i) Signs shall be installed clearly identifying the recycling facility area and the individual materials bins located therein, which shall be posted at all points of access to the area. Each individual bin or collection container shall be placarded with a sign indicating the nature of the materials to be placed therein.

(j) Landscaping and/or effective fencing or other screening shall be provided around any outdoor recycling area in a manner so as to effectively screen the same from view of adjoining residences and vehicles traveling on adjoining streets or roadways in an aesthetically pleasing manner.

§ 318-14 Administration; exemptions.

A. Administration. 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 Town and shall be administered pursuant to the Municipal Land Use Law, P.L. 1975, c. 291, and the Town Land Use Procedures Ordinance.[1] Any action taken by the Planning Board and the Town Council under the terms of this article shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, no additional right-of-way or improvements will be required for subdivisions with minor adjustments in boundaries between two existing lots which do not result in the creation of any new lots. Also, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to the land in question, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Board may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules and regulations and standards established by this article.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq., and Ch. 49, Land Use Procedures, of this Code.

B. Exemption. Divisions of land that shall not be considered a subdivision as defined in this article shall be exempt from compliance with the requirements of this article only after affirmative action by the Planning Board favorably recommending an exemption to the Town Council. Such action shall be taken following submission of documentation to the Board showing the division of land for agricultural purposes as defined by this article and resulting parcels five acres or larger in size; divisions by testamentary or intestate provision; or division of property by court order, as the case may be. Until exemption from this article by the Planning Board and Town Council, no person can transfer, sell or agree to sell, as owner or agent, any land which forms a part of a division of land as a result of being classified in one or more of the above categories. Violation of this provision shall subject the person to the penalties as set forth in this article.

§ 318-15 Violations and penalties.

A. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to any agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Board is required to act, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

B. In addition to the foregoing, the municipality may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-56).

C. In any such action, the transferee, purchaser or 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 developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable 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 seven years, if unrecorded.

§ 318-16 Fees.

[Amended 1-1-1985 by Ord. No. 84-51; 8-1-1988 by Ord. No. 88-13]

A. Application for minor subdivision.

[Amended 5-21-1990 by Ord. No. 90-8]

(1) Filing fees. The following application fees covering the administration and overhead shall be charged to the subdivider for a minor subdivision and shall be collected by the Town Clerk, or by such person that may be appointed as Board Secretary, at the time of submission of an application to the Planning Board for approval:

(a) Lot line adjustment not creating an additional building lot: $325.

(b) Minor subdivision creating one or more new lots: $350.

(2) Review deposit. The following deposit shall be submitted by the subdivider at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements:

[Amended 7-20-1992 by Ord. No. 92-09]

(a) Lot lines and adjustments not creating an additional building lot: $800.

(b) Minor subdivision creating one or more new lots: $1,000.

B. Application for major subdivision.

[Amended 5-21-1990 by Ord. No. 90-8]

(1) Filing fees. The following application fees covering administration and overhead shall be charged to the subdivider for a major subdivision and shall be collected by the Town Clerk, or by such person that may be appointed as Board Secretary, at the time of submission of an application to the Planning Board for approval:

(a) Sketch plat for major subdivision: $400.

(b) Preliminary plat for major subdivision:

[1] Fewer than 10 lots: $700.

[2] Ten lots or more: $1,000.

(c) Final plat for major subdivision:

[1] Fewer than 10 lots: $650.

[2] Ten lots or more: $850.

(2) Review deposits. The following deposits shall be submitted by the subdivider at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements:

[Amended 7-20-1992 by Ord. No. 92-09]

(a) Sketch plat for major subdivision: $145.

(b) Preliminary plat for major subdivision: $400 per lot.

(c) Final plat for major subdivision: $350 per lot.

C. Tabulation and refund of deposits associated with subdivisions. The Town shall tabulate the costs of the Planning Board, the Town Engineer, Planner and Attorney, their staffs and additional experts required for a proper review and documentation. These costs shall be deducted from the engineering, planning and legal review fee deposit. Where the review costs exceed or are anticipated to exceed the review fee deposit, the subdivider shall pay the additional amount prior to the signing of any plat. Failure to remit the additional required deposit within 15 days of request shall render the application incomplete, and no further proceedings or action shall be taken by the Planning Board until after compliance. Where review fee costs are less than the review fee deposit, the difference shall be refunded to the subdivider within 120 days of the signing of the plat.

D. Engineering/inspection fees and costs associated with subdivision improvements:

(1) The applicant shall estimate the costs of improvements required as a part of the subdivision approval by the Planning Board and shall submit same to the Town Engineer, who shall then tabulate an inspection fee deposit to cover the costs of inspection of the construction of the improvements on the site. The amount of the deposit shall be based upon the estimated costs of improvements and shall be as follows:

Estimated Cost of Improvement	Inspection Fee Deposit
$0 to $10,000.00	$150.00, plus 7% over $1,000.00
$10,000.01 to $50,000.00	$1,000.00, plus 5% over $10,000.01
$50,000.01 to $100,000.00	$4,600.00, plus 5% over $50,000.01
$100,000.01 to $200,000.00	$8,400.00, plus 4 1/2% over $100,000.01
Over $200,000.00	$15,000.00, plus 4% over $200,000.00

(2) The inspection fee deposit shall be paid to the Town Clerk or such person that may be appointed as Board Secretary prior to approval of the subdivision. In the event that the inspection costs are less than the inspection fee deposit, the difference shall be refunded to the applicant/subdivider within 120 days of the completion of the improvements.