[Adopted 4-7-1980 by Ord. No. 80-2 (Ch. 107, Art. I, of
the 1987 Code)]
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:
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.
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
The application form and all accompanying documents, plats
and submissions required by this article for approval of a subdivision
plat.
The Planning Board of the Town.
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.
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).
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.
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]
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.
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.
The generally flat terrain adjacent to streams, ponds, lakes
and swamps.
The Town Council of the Town of Belvidere.
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.
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.
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.
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.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity having legal title to
the land.
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.
The map or maps of a 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.
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.
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.
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).
A facility designed to collect silt and eroded soil from
a designated area.
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.
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:
ARTERIALA 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.
COLLECTORA 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.
PRIMARY LOCALA street intended primarily for access into major blocks of land and not for through traffic.
SECONDARY LOCALA street intended primarily for access to abutting properties and not for through traffic.
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.
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).
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.
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:
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.
Divisions of property by testamentary or intestate provisions,
provided that said resulting parcels can be clearly recognized and
defined if divided by testamentary instrument.
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.
Conveyances so as to combine existing lots by deed or other
instrument.
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.
Any subdivision not classified as a minor subdivision.
Any subdivision of land that does not involve:
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.
A planned development.
Any new street or the extension of Town facilities.
The extension of any off-tract improvements.
An adverse effect on development of the remainder of the parcel
or adjoining property.
Conflict with any provisions or portion of the Master Plan,
Official Map, Zoning Ordinance[2] or this article.
The Town of Belvidere, Warren County, New Jersey.
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:
(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.
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]
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:
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).
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:
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:
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:
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.
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.
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.
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.
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.
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.
[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.
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.
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.
F.
Lots in minor and major subdivisions.
(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.
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.
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.
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:
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.
[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:
(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]
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:
(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]
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.
