A.
Any subdivider of land within the Borough of Oradell shall,
prior to subdividing or resubdividing land, as defined in this chapter,
submit to the Administrative Official, at least 10 working days prior
to the regular meeting of the applicable board, the original and 17
copies of a sketch plat of the proposed subdivision for purposes of
classification and preliminary discussion. All sketch plats shall
indicate all property owners and addresses within 200 feet of the
proposed subdivision, and those owners shall be properly notified
pursuant to statute.
B.
If classified and approved as a minor subdivision by the applicable
board, a notation to that effect will be made on the sketch plat.
A public hearing shall not be required prior to classification and
approval of a minor subdivision, unless the applicable Board shall
determine that the classification and approval of the subdivision
as minor may detrimentally affect adjacent property. The plat will
then be forwarded to the applicable Board applicable Board Secretary
and Borough Engineer for their signatures and returned to the subdivider
within two weeks following the next regular meeting of the local board.
No further local board approval shall be required. A plat requiring
Zoning Board of Adjustment approval shall be processed by that Board.
D.
Either a deed or a plat map drawn in compliance with the applicable
statutes shall be recorded or filed by the subdivider with the County
Recording Officer within 190 days from the date of return of the approved
sketch plat. If any final plat is not filed within this period, the
approval shall expire.
E.
If the plat is classified as a major subdivision, a notation
to that effect shall be made on the plat, which will be returned to
the subdivider for compliance with the procedures in § 240-15.2.
A.
At least 17 blueprints of the preliminary plat, together with 17 completed application forms for preliminary approval, shall be submitted to the Administrative Official of the appropriate Board 10 working days prior to the applicable Board meeting at which consideration is desired. At the time of filing, a fee and a deposit as specified in the Fee Ordinance, Chapter 115, for each lot in the subdivision, shall be paid the Administrative Official. A fee shall be paid to the Administrative Official to cover costs in connection with providing the names and addresses of the property owners required to be notified of the public hearing. The filing fee shall be retained and the balance of the deposit shall be applied to costs of publication, inspection, engineering and legal fees, and the updating of the Tax Map. Any balance after deducting the foregoing expense shall be returned to the subdivider, and if the amount is insufficient to cover such costs, the subdivider shall maintain an escrow balance or trust equal to that required by the Fee Ordinance, Chapter 115. Any failure to maintain the minimum escrow balance shall permit the Construction Official to issue stop-work orders. The Administrative Official shall notify the Secretary of the applicable Board of the receipt of a preliminary plat at its next regular meeting.
B.
The subdivider shall notify, by certified mail or personal service,
at least 10 working days prior to the hearing, all owners within 200
feet of the property to be subdivided, as the names of such owners
appear on the municipal tax record. Said notice shall note the time
and place of hearing, a brief description of the property involved,
a list of maps and other documents to be considered and a summary
statement of the matters to be heard. The applicant shall cause notice
of the hearing to be published in the official newspaper or a newspaper
of general circulation in the municipality at least 10 working days
prior to the hearing.
C.
Copies of the preliminary plat shall be forwarded by the Building
Department, prior to the hearing, to the following persons and agencies:
D.
The subdivider shall be required, at the time of the public
hearing, to submit to the applicable Board an affidavit that the procedures
required by the New Jersey statutes and the Subdivision of Land Ordinance
of the Borough of Oradell have been fully complied with in all respects
and shall include in the affidavit the following:
(1)
That the subdivider is the owner of the property sought to be
subdivided or has written permission to represent the owner. A copy
of the deed and written permission of the owner shall be attached
to said affidavit.
(2)
That the subdivider has notified all persons entitled to notification,
setting forth the names and addresses of such persons.
(3)
A copy of said notice shall be attached to and made a part of
the affidavit.
(4)
That the required notice of the public hearing has been published
in an official newspaper, with a copy of said publication to be attached
to the affidavit, and the date of said publication.
(5)
That the Building Department has forwarded copies of the preliminary plat to all persons required under Subsection C above.
(6)
That the names and addresses of the property owners were obtained
from the Building Department.
E.
The applicable Board shall act on the preliminary plat within
90 days after submission to the Building Department but in no case
before the expiration of the twenty-day period within which the County
Planning Board may submit a report on said subdivision. In all cases,
the recommendations of the County Planning Board shall be given careful
consideration in the final decision of the local applicable Board.
If the County Planning Board has approval authority pursuant to N.J.S.A.
40:55D-37, its action shall be noted on the plat, and, if disapproved,
two copies of the reasons for disapproval shall be returned with the
plat. If either the applicable board or County Planning Board disapproves
a plat, the reasons for disapproval shall be remedied prior to further
consideration. The person submitting a plat shall be notified of the
action of applicable board within 90 days of its submission. If approval
is required by any other officer or public body, the same procedure
as applies to submissions and approval by the County Planning Board
shall apply.
F.
If the applicable board acts favorably on a preliminary plat,
a notation to that effect shall be made on the plat, signed by the
applicable board chairman, and shall be returned to the subdivider
for compliance with final approval requirements.
G.
Preliminary approval shall confer upon the applicant these following
rights for a three-year period from the date of approval:
A.
The final plat shall be submitted to the Construction Official
for forwarding to the applicable board for final approval within three
years from the date of preliminary approval. The Construction Official
shall immediately notify the secretary of the applicable board upon
receipt of a final plat, and the applicable Board shall act upon the
final plat within 45 days after the date of submission for final approval
to the Construction Official or within such further time as the subdivider
shall agree to.
B.
The original tracing, one sepia copy, 17 blueprints and 17 of
the application forms for final approval shall be submitted to the
Administrative Officer at least 10 working days prior to the date
of a regular applicable board meeting. Unless the preliminary plat
is approved without changes, the final plat shall have incorporated
all changes or modifications required by the applicable board.
C.
The final plat shall be accompanied by:
(1)
A statement by the Borough Engineer that he is in receipt of
a map showing all utilities in exact location and elevation identifying
those portions already installed and those to be installed.
(2)
Proof that the subdivider has installed all improvements in
accordance with the requirements of this chapter or that a performance
guaranty has been posted with the Building Official in a sufficient
amount to assure the completion of all required improvements, inspections,
engineering and legal fees.
(3)
A site plan approved by the Borough Engineer.
(4)
Deeds of dedications for all easements, streets or rights-of-way.
D.
Any plat which requires County Planning Board approval pursuant
to N.J.S.A. 40:55D-37 shall be forwarded to the County Planning Board
for its action prior to final approval.
E.
Upon final approval, the applicable Board shall file copies
of the approved site plan with the Borough Clerk, Borough Engineer
and Building Official, and copies of the final plat shall be filed
with the following:
F.
The final plat, after final approval, shall be filed by the
subdivider with the County Recording Officer within the time required
by the Municipal Land Use Law. If any final plat is not filed within
this period, the approval shall expire.
G.
No plat shall be accepted for filing by the County Recording
Officer unless it has been duly approved and signed by the officials
of the Borough of Oradell and the county as required by the Municipal
Land Use Law.
The sketch plat shall be based on Tax Map information, or some
other similarly accurate base, and shall be clearly and legibly drawn
or reproduced at a scale of not less than one inch equals 100 feet
to enable the entire tract to be shown on one sheet and shall show
or include the following information:
A.
The location of that portion which is to be subdivided in relation
to the entire tract.
B.
All existing structures within the portion to be subdivided
and all existing structures within 200 feet of the portion to be subdivided.
C.
The names of all adjoining property owners within 200 feet from
the property to be subdivided, as disclosed by the most recent municipal
tax records.
D.
The Tax Map sheet, block and lot numbers.
The preliminary plat shall clearly and legibly drawn or reproduced
at a scale of not less than one inch equals 100 feet. The preliminary
plat shall be designed and drawn by a licensed New Jersey land surveyor
or professional engineer. The plat shall be designed in compliance
with the provisions of this chapter and shall show or be accompanied
by the following information:
A.
A key map showing the entire subdivision and its relation to
surrounding areas.
B.
The tract name, the Tax Map sheet, block and lot number, the
date, reference meridian, graphic scale and the following names and
addresses:
C.
The acreage of the tract to be subdivided to the nearest tenth
of an acre.
D.
Sufficient elevations or contours to determine the general slope
and natural drainage of the land and the high and low points and tentative
cross-sections and center-line profiles for all proposed new streets.
E.
The location of existing and proposed property lines; also the
location of existing streets, buildings, watercourses, railroads,
bridges, culverts, drainpipes, any natural features, such as wooded
areas and rock formations, and all streets, roads, streams and wooded
areas within 200 feet of the subdivision.
F.
Plans of proposed utility layouts (sewers, storm drains, communication,
data, water, gas and electricity) showing feasible connections to
existing or any proposed utility systems. When an individual water
supply and/or sewage disposal system is proposed, the plan for such
system must be approved by the appropriate local, county or state
health agency. When a public sewage disposal system is not available,
the developer shall have percolation tests made and shall submit the
results with the preliminary plat. Any subdivision or part thereof
which does not meet with the established requirements of this chapter
or other applicable regulations shall not be approved. Any remedy
proposed to overcome such a situation shall first be approved by the
appropriate local, county or state health agency.
G.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
The final plat shall be drawn, by a New Jersey Professional
Land Surveyor or Professional Engineer, at a scale of not less than
one inch equals 50 feet and in compliance with all provisions of N.J.S.A.
46:23-9.9 et seq. The final plat shall be accompanied by the following
or shall show:
A.
The date, name and location of the subdivision, name of the
owner, graphic scale and reference meridian.
B.
The tract boundary lines, right-of-way lines of streets, street
names, easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles and radii, arcs and central angles of
all curves.
C.
The purpose of any easement or land reserved or dedicated to
public use shall be designated, and the proposed use of sites other
than residential shall be noted.
D.
Each block shall be numbered, and the lots within each block
shall be numbered consecutively beginning with No. 1.
E.
The minimum building setback line on all lots and other sites.
F.
The location and description of all monuments.
G.
The names of the owners of adjoining unsubdivided land.
H.
Certification by an engineer or surveyor as to the accuracy
of the details of the plat.
I.
Certification that the applicant is the agent or owner of the
land or that the owner has given consent under an option agreement.
J.
When approval of a plat is required by any officer or body of
such a municipality, county or state, approval shall be certified
on the plat.
K.
Cross-sections and profiles of streets, approved by the Borough
Engineer, shall be required to accompany the final plat.
L.
Plans and profiles of storm and sanitary sewers and water mains.
M.
A certificate from the Borough Tax Collector that all taxes
are paid to date.
A.
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guaranties for
the ultimate installation of the following:
(1)
Streets.
(2)
Street signs.
(3)
Curbs and/or gutters.
(4)
Sidewalks.
(5)
Streetlighting.
(6)
Shade trees. Shade trees shall be located so as not to interfere
with utilities or sidewalks, shall be at least 2.5 inches in diameter
as measured six inches from the ground, and shall be such types as
permitted by the Shade Tree Committee or Department of Public Works.
A minimum of one tree shall be planted per building lot frontage.
Said trees shall be planted pursuant to specifications, standards
and regulations adopted by the Shade Tree Committee or Department
of Public Works.
(7)
Topsoil protection. No topsoil shall be removed from the site
or used as spoil. Topsoil moved during the course of construction
shall be redistributed as to provide at least four inches of cover
to all areas of the subdivision and shall be stabilized by seeding
or planting.
(8)
Monuments. Monuments shall be of the size and shape required
by N.J.S.A. 46:23-9.11 and shall be placed in accordance with said
statute.
(9)
Water mains, culverts, storm sewers and sanitary sewers.
B.
All such installations shall be properly connected with an approved
system and shall be adequate to handle all present and probable future
development.
C.
All improvements required by the Borough Council and applicable
Board shall be subject to inspection and approval by the Borough Engineer.
The developer shall notify the Borough Engineer at least 24 hours
prior to the commencement of any construction. No underground installation
shall be covered until inspected and approved.
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof:
A.
The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
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.
B.
The streets, drainage rights-of-way, school sites, public parks
and playgrounds shown on an officially adopted Master Plan or Official
Map shall be considered in approval of subdivision plats. Where no
Master Plan or Official Map exists, streets and drainage rights-of-way
shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38
and shall be such as to lend themselves to the harmonious development
of the municipality and enhance the public welfare in accordance with
the following design standards.
A.
The arrangements of streets not shown on the Master Plan or
Official Map shall be such as to provide for the appropriate extension
of existing streets.
B.
The right-of-way width shall be measured from lot line to lot
line and shall not be less than 50 feet.
C.
Grades of streets shall not exceed 10%. No street shall have
a minimum grade of less than 1/2 of 1%.
D.
Street intersections shall be as nearly at right angles as is
possible and in no case shall be less than 60°.
E.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 25 feet.
F.
Street jogs with center-line offsets of less than 125 feet shall
be prohibited.
G.
A tangent at least 100 feet long shall be introduced between
reverse curves on streets.
H.
When connecting street lines deflect from each other at any
one point by more than 100 and not more than 45°, they shall be
connected by a curve with a radius of not less than 100 feet.
I.
All changes in grade shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance.
J.
Dead-end streets (culs-de-sac) shall not be longer than 600
feet and shall provide a turnaround at the end with a radius of not
less than 50 feet and tangent whenever possible to the right side
of the street.
K.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
L.
No street shall have a name which will duplicate or so nearly
duplicate as to be confused with the names of existing streets. The
continuation of an existing street shall have the same name.
A.
Block length and width or acreage within bounding roads shall
be such as to accommodate the size of lot required in the area by
the Zoning Ordinance and to provide for a convenient access, circulation
control and safety of street traffic.
B.
In blocks over 1,000 feet long, pedestrian crosswalks may be
required in locations deemed necessary by the applicable board. Such
walkway shall be 10 feet wide and shall be straight from street to
street.
C.
For commercial, group housing or industrial use, block size
shall be sufficient to meet all area and yard requirements for such
use.
A.
Lot dimensions and area shall not be less than the requirements
of the Zoning Ordinance.
B.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
C.
Each lot must front upon an approved street at least 50 feet
in width.
D.
Where extra width has been dedicated for widening of existing
streets, lots shall begin at such extra width line and all setbacks
shall be measured from such line.
E.
Where there is a question as to the suitability of a lot or
lots for their intended use due to factors such as rock formations,
flood conditions or similar circumstances, the applicable Board may,
after adequate investigation, withhold approval of such lots.
A.
Maintenance of easements.
(1)
In large-scale development, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
(2)
Where a subdivision is traversed by a watercourse, drainageway
channel or street, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially to the lines of such
watercourse of such further width or construction, or both, as will
be adequate for the purpose.
B.
Natural features, such as streams, brooks, hilltops and views,
shall be preserved whenever possible in designing any subdivision
containing such features.
A.
If the streets in the subdivision are not such that a structure
on said land in the subdivision would meet requirements for a building
permit under N.J.S.A. 40:55D-32 et seq., the municipality may institute
and maintain a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate any conveyance made pursuant to
such a such a contract or sale if a certificate of compliance has
not been used in accordance with N.J.S.A. 40:55D-56, but only if the
municipality has an applicable board or committee thereof with power
to act and which meets regularly on a monthly or more frequent basis,
and whose governing body has adopted standards and procedures in accordance
with N.J.S.A. 40:55D-38 et seq.
B.
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 subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid and also a reasonable search fee, survey
expense and title closing expense, if any.
