The purpose of this Article II shall be to provide rules, regulations and standards to guide the subdivision of land in the Borough of Demarest, County of Bergen, State of New Jersey, in order to promote the public health, safety and welfare of the Borough of Demarest and the citizenry thereof. Said Article II shall be administered to ensure the orderly growth, development, conservation, protection and proper use of land within the Borough of Demarest and to further ensure adequate provisions in all development for circulation, utilities and services.
Whenever the term "administrative agency" is referred to within this Article II, it shall mean either the Planning Board or the Board of Adjustment of the Borough of Demarest as provided in N.J.S.A. 40:55D-37 et seq., which Boards are hereby deemed to be the administrators of the terms and provisions of this Article II.
A. APPLICANT AS-BUILT PLAT BLOCK CLEAR SIGHT DEVELOPER'S AGREEMENT DRAINAGE RIGHT-OF-WAY EASEMENT FINAL PLAT IMPROVEMENT LOT MINOR SUBDIVISION MUNICIPAL FACILITIES OWNER PERFORMANCE GUARANTY PLAT(1) (2) (3) (4) PRELIMINARY PLAT SHADE TREE EASEMENT SKETCH PLAT STREET(1) (2) (3)
The definitions contained in Chapter 175, Zoning, shall apply to this chapter. Additionally, the following words shall have the following meanings:
The legal or beneficial owner or owners of a lot or any land to be included in any proposed development, including the holding of an option or contract to purchase, or other person having an enforceable proprietary interest in said land; provided, however, that said person is acting with a power of attorney on behalf of the owner or with the consent of the owner.
See "plat."
A parcel or portion of lands separated from other parcels or portions of land by public streets or rights-of-way, or as otherwise designated on the current Tax Assessment Map of the Borough of Demarest.
The ability to see from one point to another point without obstruction.
The agreement entered into between the applicant and the Borough of Demarest whereby the applicant obligates himself to fulfill the requirements of the administrative agency concerning the subdivision of the applicant's lands, the extension of municipal facilities and municipal ordinances and regulations which are the conditions of the preliminary plat approval.
The lands required for installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
An interest running to the municipality created by grant or agreement or reservation shown on a plot approved by the administrative agency and duly filed with the Bergen County Clerk for the purpose of installing and maintaining public facilities, including but not limited to water mains, gas mains, stormwater sewers, lateral or trunk sanitary sewers, underground utilities, open drainage ditches and groundwater diversion facilities. An "easement" also includes conservation, open space, stream protection and environmental sensitive areas properly delineated.
[Amended 4-15-1996 by Ord. No. 774]
See "plat."
The construction of any municipal facility as hereinafter defined, which may be deemed necessary by the administrative agency or the development of the land sought to be subdivided.
A parcel or portion of land separated from other parcels or portions of land by description as on a subdivision or record-of-survey map or by metes and bounds for the purpose of sale, lease or separate use.
A subdivision of land that does not involve:
Any one or more of the following improvements: street paving, including the widening or repaving of existing pavement; curb; sidewalk; storm drains or appurtenances; sanitary sewers or appurtenances, except house connections; water mains or appurtenances, except house connections; gas, electricity and telephone systems, except house connections; drainage rights-of-way; and street signs.
Any individual, firm, association, syndicate or copartnership or corporation, or other legal entity, having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Article II.
Any security to be accepted to assure and guarantee to the Borough that certain improvements be made before the administrative agency approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
A map or maps of a subdivision or site plan.
AS-BUILT PLATThe final map of all or a portion of a subdivision which shows the development site after completion with the actual location of improvements, finished grades and as-built plans and profiles of the improvements.
FINAL PLATThe final map of all or a portion of a subdivision which is presented to the administrative agency for final approval in accordance with this article and which, if approved, shall be filed with the Bergen County Clerk's office.
PRELIMINARY PLATThe plat indicating the proposed layout of the subdivision and municipal facilities filed with the administrative agency for its consideration and tentative approval.
SKETCH PLATThe plat filed with the administrative agency for the purpose of classifying the subdivision application.
See "plat."
Pursuant to § 153-17D, an area of five feet in width and abutting the right-of-way line of a street on properties which have received subdivision or site plan approval.
[Added 1-5-1992 by Ord. No. 711]
See "plat."
As defined in N.J.S.A. 40:55D-7. For the purpose of this article, "street" shall be classified as follows:
PRIMARY STREETA street carrying a heavy volume of relatively fast-moving traffic between municipalities.
COLLECTOR STREETA street carrying traffic from minor streets to the major system of primary streets, including the principal entrance streets of a residential development and streets for circulation within such development.
MINOR STREETA street that is used primarily for access to abutting properties.
B.
Any and all definitions as contained in N.J.S.A. 40:55D-3, 40:55D-4, 40:55D-5, 40:55D-6 and 40:55D-7 are incorporated herein by reference. If such statutory definitions conflict with any definitions of this chapter, such statutory definition shall govern.
A.
Application and classification.
(1)
Any owner of land desiring to subdivide or redivide his land shall file with the Secretary of the administrative agency 18 copies of a sketch plat conforming to the provisions of § 153-16A and a subdivision application on a form to be provided by the Secretary of said administrative agency and pay the fees set forth in § 153-20.
(2)
The Secretary of the Planning Board shall prepare subdivision applications, which subdivision applications shall be made available to the Secretary of the Board of Adjustment for distribution to any proposed applicant.
(3)
Said subdivision application form shall state the following:
(a)
The names and addresses of the owners of all the lands to be subdivided.
(b)
The name and address of the applicant.
(c)
The relationship between the owner and the applicant.
(d)
Written authority from the owner to the applicant to make the application.
(e)
The name and address of the applicant's licensed engineer or surveyor.
(f)
The name and address of the applicant's attorney, if any, who will represent it in the subdivision proceedings.
(g)
A description of all easements and restrictions of record affecting the land to be subdivided.
(h)
A statement of any existing or proposed violations of the Demarest Zoning Ordinance for which variances may be necessary.
(i)
A statement as to whether the applicant has knowledge of any previous applications for subdivision, resubdivision or variances concerning the land to be subdivided.
(j)
A statement as to the reasons for the subdivision.
(k)
Such other information as the administrative agency may, from time to time, determine useful.
(l)
The proposed route to be followed in accessing the land, which route shall use municipal residential streets as little as possible and, where municipal streets must be used, follows the shortest route through said municipal residential streets. Routes should to the greatest extent possible traverse primary streets before collector streets and collector streets before minor streets as those terms are defined in § 153-13.
[Added 2-18-1992 by Ord. No. 713]
(4)
The administrative agency's secretary shall distribute a copy of the application and sketch plat to:
(5)
The Borough Engineer, Superintendent of Public Works and Environmental Commission shall submit to the administrative agency in writing their observations and comments. Said officials and agencies shall file their observations and recommendations with the administrative agency within 30 days after delivery of the application to each official and agency. Copies of said observations and recommendations shall be made available to the applicant. Failure to submit such observation(s) and recommendation(s) within the time provided may be deemed a favorable recommendation by the agency failing to submit.
(6)
The administrative agency may require the subdivider to have his engineer or surveyor locate certain portions of the proposed subdivision on the land to be subdivided in order that the administrative agency may make visual observations of the land to be subdivided and the proposed subdivision prior to classifying the application.
(7)
The administrative agency may require the subdivider to submit an amended plat in the event that the administrative agency requires any substantial amendment in the layout of improvements proposed by the subdivider.
(8)
After consideration of the subdivider's application and sketch plat and the observations and recommendations of the aforementioned officials and agencies, the administrative agency shall classify the application either a minor subdivision or a major subdivision.
B.
Minor subdivision.
(1)
In the event that the application is classified a minor subdivision in conformance with the definition of a minor subdivision and same promotes the public health, safety and general welfare of the municipality, then in that event the administrative agency shall approve and grant the minor subdivision.
(2)
In the event that the administrative agency approves and grants the minor subdivision, the applicant shall submit to the administrative agency an original and 18 copies of the minor subdivision plat containing any conditions imposed by the administrative agency and a place for the administrative agency's approval.
(3)
After the approval on the minor subdivision plat has been signed by the administrative agency Chairman and Secretary, copies of the minor subdivision plat shall be distributed to:
(4)
In the event that the subdivider's application for a minor subdivision is denied by the administrative agency on the grounds that the lots sought to be created by the subdivision abut a street which shall not have been certified to be suitably improved to the satisfaction of the Mayor and Council and the applicant alleges that improvement of the street to standards and specifications approved by the Mayor and Council would entail practical difficulty or unnecessary hardship, the subdivider shall have the right of appeal to the Board of Adjustment for the relief and pursuant to the procedures set forth in N.J.S.A. 40:55D-70 et seq.
C.
Major subdivision.
(1)
In the event that the application is classified a major subdivision, a notation to that effect shall be made upon the sketch plat, and the sketch plat shall be returned to the applicant who shall proceed in accordance with this subsection.
(2)
The applicant shall file with the administrative agency at least 18 black-on-white prints of the preliminary plat and an application for soil permit pursuant to Borough of Demarest Code Chapter 147, together with the fee set forth in § 153-20. If a preliminary subdivision application is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted.
(3)
The administrative agency's secretary shall distribute a copy of the preliminary plat and soil removal application to:
(4)
The administrative agency shall hold a public hearing concerning the major subdivision in accordance with the procedures set forth in Chapter 27, Land Use Procedures.
(5)
In the event that Bergen County Planning Board approval is required pursuant to N.J.S.A. 40:27-6.3 and the report has not been received by the administrative agency within the time period in which said municipal agency is to act, then in that event, the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Bergen County Planning Board or approval by the Bergen County Planning Board by its failure to report thereon within the required time period. Any reports received by the administrative agency from the Bergen County Planning Board will be forwarded to the applicant.
(a)
The administrative agency shall take any one of the following actions:
[1]
Approval of the preliminary plat as filed or as amended;
[2]
Approval of the preliminary plat with conditions;
[3]
Directing the applicant to submit an amended preliminary plat (in which case the amended preliminary plat shall be proceeded upon as in the case of the original preliminary plat); or
[4]
Disapproval of the preliminary plat, in which case the administrative agency shall state its findings and reasons for such disapproval in writing and furnish the applicant with a copy.
(b)
If approval is required by any other official or public body, the same procedure as applies to the submission and approval by the Bergen County Planning Board shall apply.
(c)
The period within which the administrative agency shall act on the preliminary plat may be extended with the approval of the applicant.
(6)
In the event that the administrative agency approves the preliminary plat plan, the approval shall be indicated on the preliminary plat plan by the signature of the administrative agency Chairman and secretary. The applicant shall then have 18 copies of the approved subdivision made, at the expense of the applicant, and file them with the administrative agency. The administrative agency's secretary shall distribute copies of the approved preliminary plat plan to:
(7)
The preliminary approval granted by the administrative agency shall confer upon the applicant those rights contained in N.J.S.A. 40:55D-49.
(8)
Prior to any excavation or modification of existing grades or the construction or installation of any of the improvements on the lands being subdivided, the applicant shall enter into a written agreement with the Borough of Demarest providing that:
(a)
The applicant will make all of the improvements and fulfill all of the conditions of the preliminary plat approval.
(b)
The applicant will pay the legal and engineering expenses of the Borough of Demarest concerning said subdivision as provided in § 153-20.
(c)
The applicant will provide the Borough of Demarest with the performance and maintenance guaranties as provided in § 153-20.
(d)
The applicant will furnish the Borough of Demarest with a certificate of insurance that he and/or his subcontractors are insured against any claims for personal injury and/or property damage arising out of or in connection with the work to be undertaken with regard to the completion of the improvements in the subdivision, in such reasonable sums as the administrative agency may specify.
(9)
The applicant shall, 72 hours prior to commencing any development of the lands being subdivided, arrange with the Borough Clerk for inspections of any work to be done within the development as follows:
(a)
Prior to the start of any excavation work, the applicant shall notify the Borough Clerk. At that time, the Borough Engineer shall inspect the construction location and grade stakes, original ground conditions and weather conditions and shall decide whether work is to proceed or be delayed.
(b)
During rough grade work, the Borough Engineer shall conduct periodic inspection of work progress and investigate any subsurface conditions that are encountered. If, during the course of construction, unforeseen conditions, such as springs, aquifer layers, high groundwater tables and miscellaneous unknowns are encountered, it shall be at the discretion of the Borough Engineer whether or not the subdivider shall install additional catch basins, storm drains, trench drains or any other drainage appurtenances.
(c)
The Borough Engineer shall inspect all drainage trenches and storm drainpipes prior to any back-filling of the trenches. The storm drainpipes, pipe joints and pipe bedding shall be inspected by the Engineer before the trenches can be backfilled. All trenches shall be backfilled and tamped in accordance with standard specifications approved by the Borough Engineer.
(d)
The Borough Engineer shall inspect excavation, subbase and pouring of curbs and sidewalks. Said construction shall conform to plans and specifications, and the tickets for these materials delivered on the site shall be verified to determine the quantities used.
(e)
The Borough Engineer shall inspect and check the materials and amount of said materials used or the subbase material. Said materials shall conform to the requirements as set forth on the plans and specifications. When approval is given by the Borough Engineer, the work may proceed.
(f)
The Borough Engineer shall inspect final pavement construction work during the course of said construction. The pavement shall be constructed in accordance with the requirements as set forth on the plans and specifications as set forth in this chapter.
(g)
The Borough Engineer shall inspect the site for grading of individual lots so as to avoid the creation of low spots on lawns and driveways.
(h)
The installation of concrete monuments shall be inspected by the Borough Engineer.
(i)
Utilities shall be inspected by the Borough Engineer in conjunction with the various utility companies concerned.
(j)
The Borough Engineer shall perform tree inspections to prevent the destruction of trees four inches in diameter and greater.
(k)
The Borough Engineer shall file inspection reports of every inspection he makes with the Borough Clerk for distribution to appropriate municipal officials.
(10)
Upon completion of the required improvements, the subdivider shall prepare and file with the Borough Clerk an as-built plat.
(11)
The final plat, conforming to the requirements of this Article II, and any limiting conditions imposed in the preliminary or tentative approval of the preliminary plat shall be submitted to the Borough Clerk for forwarding to the administrative agency for final approval within three years from the date of preliminary approval. The Borough Clerk shall immediately notify the secretary of the administrative agency and the Secretary of the Board of Health upon receipt of a final plat, and the administrative agency shall act upon the final approval within 45 days after submission of the completed application to the Borough Clerk, or within such further time as the applicant may agree to.
(12)
The applicant shall file with the administrative agency at least 18 copies of the final plat and 18 copies of the application form for final approval, together with the appropriate fees set forth in § 153-20 of this chapter.
(14)
Prior to action by the administrative agency's granting final approval, the Borough Engineer shall file a written statement with the administrative agency certifying that:
(a)
The applicant has installed all improvements in accordance with the preliminary approval granted by the administrative agency; or
(15)
In the event that any plat requires approval by the Bergen County Planning Board pursuant to N.J.S.A. 40:27-6.3, then in such event the administrative agency shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the Bergen County Planning Board, or approval by the Bergen County Planning Board by its failure to report thereon within the required time period.
(16)
Failure of the administrative agency to act within the allotted time of 45 days after the date of submission for final approval, or mutually agreed upon extension, shall be deemed to be a favorable approval, and the Borough Clerk shall issue a certificate to that effect.
(17)
After administrative agency approval, the Borough Engineer and thereafter the Chairman and secretary of the administrative agency shall sign the final plat, and thereafter said plat shall be signed by the Bergen County Planning Board. This procedure may be modified by resolution of the Planning Board on a case-by-case basis.
At the request of the applicant, the Planning Board shall grant an informal review of a concept plan for a development for which the applicant intends to prepare and submit an application for development. The applicant shall not be required to submit any fees for such an informal review. The applicant shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
A.
Sketch plat. The sketch plat shall be based upon Tax Map information or some other similarly accurate base at a scale of not less than 100 feet to the inch, with the entire tract as shown on one sheet of size 30 inches by 42 inches, 24 inches by 36 inches, or 15 inches by 21 inches, and shall show or include the following information:
(1)
The location of that portion which is to be subdivided in relation to the entire tract.
(2)
All existing structures and wooded areas within the portion to be subdivided.
(3)
The name of the owner and of all adjoining property owners, including those owners across the street or streets as disclosed by the most recent municipal tax records.
(4)
The Tax Map sheet, block and lot numbers.
(5)
All streets or roads and streams within 500 feet of the subdivision, including the pavement width and the right-of-way of the streets and roads.
(6)
The date, North point and scale.
(7)
A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided shall accompany the application.
(8)
The location of existing and proposed dwelling houses and existing water supply and sanitary sewer systems and existing and proposed grades.
(9)
Drainage details, including an indication of the general topography of the land, and when requested by the administrative agency, soil boring and test pits where requested by the administrative agency.
B.
Minor subdivision plat. The minor subdivision plat shall be clearly and legibly drawn or reproduced at a scale of not less than 50 feet to the inch on a sheet of the size 30 inches by 42 inches, 24 inches by 36 inches, or 15 inches by 21 inches. The minor subdivision plat shall be designed and drawn by a land surveyor licensed in the State of New Jersey. Where drainage facilities and/or other engineering features are involved, these portions are to be prepared by a professional engineer licensed in the State of New Jersey and shall show or include the following information:
(1)
A metes and bounds description of the lots being created by the subdivision or, if the lands are being resubdivided, lot and block descriptions with reference to a filed map.
(2)
Street lines and right-of-way widths.
(3)
Setback lines.
(4)
Location of any easements.
(5)
Lot and block numbers as approved by the Borough Tax Assessor.
(6)
Street names.
(7)
Direction of true North.
(8)
The certification or stamp of the licensed engineer or surveyor preparing the subdivision plat.
(9)
The name and signature of the owner.
(10)
Spaces and suitable inscriptions for approval by the administrative agency.
(11)
The date of the subdivision plat.
C.
Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than 50 feet to the inch on a sheet or sheets size 30 inches by 42 inches, 24 inches by 36 inches, or 15 inches by 21 inches. The preliminary plat shall be designed and drawn by a land surveyor licensed in the State of New Jersey. Where drainage facilities and/or other engineering features are involved, these portions are to be prepared by a professional engineer licensed in the State of New Jersey. The plat shall be designed in compliance with the provisions of this Article II and shall show or be accompanied by the following information:
(1)
A key map showing the entire subdivision and its relation to surrounding areas to a depth of at least 400 feet from the boundary of the subdivision.
(2)
The name of the development, if any has been assigned, the Tax Assessment Map sheet, block and lot number, date of drawing, reference meridian, graphic scale, and the names and addresses of the following:
(3)
Acreage of the tract to be divided to the nearest tenth of an acre and the area of each proposed lot exclusive of street rights-of-way to the nearest 50 square feet.
(4)
Existing and proposed contours to be shown at two-foot intervals for the entire property based on mean sea level, if practicable, with sufficient additional data on elevations at low points and along watercourses. In areas where slopes exceed 10%, contours at five-foot intervals may be acceptable for the preliminary plat.
(5)
The location of existing and proposed property lines, buildings, railroads, bridges, culverts, physical features such as watercourses, brooks, drains, dry runs, springs, water holes, poorly drained and swampy areas and rock outcrops on the tract or on adjacent land, and also outlines of wooded areas.
(6)
Tentative lot, block and house address numbers for easy identification.
(7)
A complete drainage area contour map showing the size of the individual drainage area for each proposed catch basin, culvert or any other drainage structure. This map shall include all pertinent information within said drainage basin, such as size and location of existing catch basins, culverts, manholes and storm drain-pipes. Said calculations shall be based on a 25 years design storm for storm drains and a fifty-year design storm for culverts and stream beds other than the main channels of Tenakill, Cresskill and Demarest Brooks, for which calculations shall be based on a one-hundred-year design storm for culverts. The Borough Engineer shall review and give approval if said drainage map and calculations for the proposed drainage system are found satisfactory.
(8)
The size of the drainage areas tributary to existing watercourses and proof of adequacy of the proposed surface drainage facilities without appreciable detrimental effect on adjacent property owners.
(9)
The location of a transit traverse on paper as located on the ground with stakes in the ground conspicuously marked and so arranged as to assist in any field inspection with tract owners, center lines of proposed streets and boundaries conspicuously marked.
(10)
Existing public facilities adjacent to lands to be subdivided and proposed to be extended, such as water mains, sanitary and storm sewers, gas and electricity.
(11)
A street layout and profile, stormwater drainage facilities with size, location and invert elevation of pipes or conduits, location of catch basins, together with the point or points of discharge with approximate elevations thereof, and a cross section of a typical street showing curbs and sidewalks where required (including any necessary off-site improvements).
(12)
All easements for public facilities, including groundwater diversion drains where serving more than one lot.
(13)
Any other pertinent information required by the administrative agency or by any other agency to whom the preliminary plat has been referred for consideration.
(14)
Planned proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or any proposed utility systems.
(15)
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(16)
The house, future garage and driveway locations.
(17)
Elevation of each cellar floor and ground floor.
(18)
Finished contours, including the ground elevation at all corners of the house or building and corners of each lot.
(19)
A section through the roads and curbs is to be shown giving the specifications for the road, curbs and sidewalks where required.
(20)
The locations of the test borings.
(21)
Open spaces to be dedicated for public use.
(22)
Approximate location of large trees 10 inches or more in diameter.
(23)
For subdivision developments where the development proposal is for the construction of 50 or more units of single-family residential housing, the location and design of storage areas for the collection, disposition and recycling of recyclable materials from all housing units. The recycling plan must be approved by the Recycling Coordinator and Planning Board.
[Added 4-16-1990 by Ord. No. 682]
D.
Final plat. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inches equals 50 feet and in compliance with N.J.S.A. 46:26B-1 et seq. The final plat shall show or indicate the following information:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The date, name and location of the subdivision, name of the owner, graphic scale and reference meridian.
(2)
The tract boundary lines, right-of-way lines or 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.
(3)
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.
(4)
Each block shall be numbered, as designated by the Demarest Tax Assessor; the lots within each block shall be numbered consecutively, beginning with number one; and each lot shall be designated with a house address number.
(5)
Minimum building setback lines on all lots and other sites.
(6)
Location of all existing and proposed monuments with their elevations referred to the United States Coast and Geodetic Survey Bench.
(7)
Direction of true North.
(8)
Certification of a licensed engineer or land surveyor as to accuracy of details of the plat.
(9)
Specific and suitable inscriptions for approvals of the administrative agency and the Bergen County Planning Board.
(10)
The signature of the owner of record.
E.
As-built plat. The as-built plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 50 feet and in compliance with all of the provisions of N.J.S.A. 46:26B-1 et seq. The as-built plat shall show or be accompanied by the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The date, name and location of the subdivision, name of the owner, graphic scale and reference meridian.
(2)
The tract boundary lines, right-of-way lines or 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.
(3)
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.
(4)
Each block shall be numbered, as designated by the Demarest Tax Assessor; the lots within each block shall be numbered consecutively, beginning with number one; and each lot shall be designated with a house address number.
(5)
Minimum building setback lines on all lots and other sites.
(6)
The location of all existing and proposed monuments with their elevations referred to the United States Coast and Geodetic Survey Bench.
(7)
Direction of true North.
(8)
Certification of a licensed engineer or land surveyor as to accuracy of details of plat.
(9)
Specific and suitable inscriptions for approvals of the administrative agency and the Bergen County Planning Board.
(10)
The signature of the owner of record.
(11)
Cross sections and profiles of streets.
(12)
Contours of the finished grades at five-foot intervals for slopes averaging 10% or greater, and at two-foot intervals for land of lesser slopes.
(13)
As-built plans and profiles of storm and sanitary sewers, drainage, structures, water mains, electric and telephone systems, and other improvements set forth on the preliminary plat plan.
(14)
The house, driveway and garage locations.
(15)
The elevation of each basement floor and ground floor.
(16)
The ground elevation at all corners of each house or building and corners of each lot.
(17)
Such additional requirements as the administrative agency may deem necessary.
A.
Required improvements. Prior to the granting of final approval, the applicant shall have installed, or shall have furnished performance guaranties for the ultimate installation of, the following when indicated by the subdivision plat:
(1)
Streets shall be paved as follows:
(a)
The area to be paved shall be graded and compacted as specified in Section 2.9.3 of the New Jersey State Highway Specifications, 1961 Edition, as amended and supplemented.
(b)
The first course of pavement shall be a four-inch-thick macadam base course. Material and workmanship shall comply with Sections 3.2.2 and 3.2.3 of the New Jersey State Highway Specifications, 1961 Edition, as amended and supplemented.
(c)
The second course shall be a two-inch-thick layer of bituminous concrete stabilized base course. Material and workmanship shall comply with the applicable sections of the New Jersey State Highway Specifications, 1961 Edition, as amended and supplemented.
(d)
The third and final course shall be a one- and-one-half-inch-thick layer of hot bituminous concrete, type FABC-1, Mix No. 5, surface course. Material and workmanship shall comply with the applicable sections of the New Jersey State Highway Specifications, 1961 Edition, as amended and supplemented.
(e)
The minimum grade on pavement shall be 1%, and the maximum grade on a primary and collector street shall not exceed 4%, and grades on other streets shall not exceed 10%. However, the administrative agency shall have the right to require grades of less than 10% where special conditions exist, provided that such special conditions are set forth in writing upon the minutes of the administrative agency.
B.
Street signs. Street signs shall be placed at all intersections conforming to the street signs approved for installation in the Borough of Demarest.
C.
Streetlighting. One streetlight shall be provided for every 400 to 500 linear feet of streets and shall be of the size, type and construction approved by the administrative agency.
D.
Shade trees. Shade trees shall be located, at least one tree for every 40 feet, within a shade tree easement which shall be five feet in width and abut the right-of-way line of the street. The trees shall be of a type designated by the Demarest Shade Tree Commission.
E.
Curbs and/or gutters. Curbs shall be constructed of Class B concrete, 3,500 pounds per square inch, six inches by nine inches by 20 inches with a six-inch curb face along the pavement line, lowered where necessary for driveway purposes. Curbs shall be of barrier-free design at crosswalks and intersections.
F.
Sidewalks. Concrete sidewalks shall be constructed from Class B concrete, 3,500 pounds per square inch and constructed to a thickness of not less than four inches, four feet in width located three feet from the curbline and three feet from the right-of-way line. Transverse surface grooves shall be cut in the sidewalk between expansion joints at intervals equal to the sidewalk width. Transverse expansion joints 1/2 inch wide shall be provided at intervals not more than 20 feet and filled with prefabricated bituminous cellular-type filler. Longitudinal joints 1/4 inch wide shall be provided between curbs and abutting sidewalks and shall be filled with premolded bituminous-type joint filler.
G.
Electric and telephone facilities. Electric, telephone and cable television facilities shall be installed underground pursuant to applicable New Jersey Board of Public Utilities Rules and Regulations and municipal ordinances.
H.
Driveways. Driveways from the street to the garage of each dwelling house shall be constructed with a first course of pavement consisting of four inches of crushed stone or gravel and a final course of two inches hot bituminous concrete, Type FABC-1, Mix No. 5, surface course, or other suitable surface course as approved by the administrative agency.
I.
Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:26B-1 et seq. and shall be placed in accordance with said statute.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
J.
Water mains and fire hydrants. Water mains shall be installed with connections to the right-of-way lines with fire hydrants at such places as the Fire Prevention Bureau of the Demarest Fire Department shall designate.
K.
Sanitary sewers. Sanitary sewers shall be installed, with connections to the right-of-way line. The sanitary sewer installation shall be properly connected with an approved system and shall be adequate to handle all present and future development.
L.
Drainage facilities. Storm sewers, culverts, catch basins, manholes and subsurface drains shall be constructed which will adequately dispose of surface and subsurface water on the lands being subdivided.
M.
Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction, if of sufficient quantity, shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting so as to remain in place.
N.
Cleanup. During the construction of improvements within the subdivision area, no debris, rubbish, stumps or other refuse shall be permitted to accumulate for a period of more than three months. At the completion of construction of improvements, the subdivider shall remove all debris, rubbish and stumps from within the subdivision area, fill in all unused excavations and complete all regrading on all lots, whether built upon or not.
O.
Off-tract or off-site improvements. Off-tract or off-site improvements shall be made where necessary; however, the applicant shall be responsible to bear only that portion of the cost which bears a rational nexus to the needs created by, and the benefits conferred upon, the subdivision, pursuant to the provisions of N.J.S.A. 40:55D-42 and other applicable statutes.
The applicant shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
A.
General. The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. The subdivision shall conform to the proposals and conditions shown on the Official Map and/or the Master Plan. 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 the approval process of subdivision plats and shall be such as to lend themselves to the harmonious development of the Borough and enhance the public welfare in accordance with the following design standards.
B.
Streets.
(1)
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to create a convenient road system.
(2)
Minor streets shall be so designed as to discourage through traffic.
(3)
Subdivisions abutting primary streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some other means of separation of through and local traffic as the administrative agency may determine appropriate.
(4)
The right-of-way width shall be measured from lot line to lot line and shall be as shown on the Official Map.
(5)
Subdivisions that adjoin or include existing streets that do not conform to street widths as shown on the Master Plan or Official Map or that do not conform to the street width requirements of this chapter shall dedicate additional width along either one or both sides of such streets of substandard widths. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated. The administrative agency may, in its discretion, permit proposed streets to conform to existing streets in a neighborhood although the existing streets are of substandard widths.
(6)
The minimum grade on pavement shall be 1%, and the maximum grade on primary and collector streets shall not exceed 4%, and grades on other streets shall not exceed 10%. However, the administrative agency shall have the right to require grades of less than 10% where special conditions exist, provided that such special conditions are set forth in writing upon the minutes of the administrative agency.
(7)
Street intersections shall be designed according to the following standards:
(a)
No more than two streets shall cross at one point.
(b)
Streets shall not enter into the same side of a primary or collector street at intervals of less than 800 feet. Minor streets which enter a primary or collector street from opposite sides should be directly opposite to each other; or, if necessary, they may be separated by at least 200 feet between center lines measured along the center line of the primary or collector street.
(c)
Maximum grades within any intersection shall not exceed 3%, and approaches to any intersection shall follow a straight line course within 100 feet of the intersection.
(8)
Street intersections shall be as nearly at right angles as is possible, and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline, with a curb having a radius of not less than 25 feet.
(9)
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(10)
A tangent at least 100 feet long shall be introduced between reverse curves in primary and collector streets.
(11)
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curb with a radius of not less than 100 feet for minor streets and 300 feet for primary and collector streets.
(12)
All changes in grade shall be connected by vertical curbs of sufficient radius to provide a smooth transition and proper sight distance.
(13)
Dead-end streets (culs-de-sac) shall not serve more than 12 lots and shall provide a turnaround at the end with a radius of not less than 50 feet permitting a pavement radius of not less than 40 feet and tangent wherever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extensions of the street and reversion of the excess right-of-way to the adjoining properties.
(14)
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets in the Borough of Demarest and neighboring communities. The continuation of an existing street shall have the same name.
C.
Blocks.
(1)
Block length and width of acreage within bounding roads shall be such as to accommodate the size of lots required in the area by Chapter 175, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
(2)
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the administrative agency. Such walkway shall be 10 feet wide and be straight from curb to curb and shall be properly lighted.
(3)
For commercial use, block size shall be sufficient to meet all area and yard requirements for such use.
D.
Lots.
(2)
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(3)
Each lot must front upon an approved street at least 50 feet in width, except in such cases as the administrative agency may permit a street of lesser width.
(4)
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.
(5)
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 administrative agency may, after adequate investigation, withhold approval of such lots.
(6)
Easements shall be provided not only for existing or proposed public facilities including groundwater diversion drains, but also, in nonsewered areas, for future sanitary sewers. All easements shall be dedicated to the municipality in a manner approved by the administrative agency's Attorney and shall be indicated on any final plat and as-built plat.
E.
Public use and service areas.
(1)
In large-scale developments, 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 utility companies or Borough 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 and such further width or construction, or both, as will be adequate for the purpose.
(3)
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features. No trees four inches or larger in diameter shall be removed from the subdivided plot, unless the same shall interfere with the construction of a building or buildings or utilities.
F.
Water mains. To secure adequate fire protection, water mains shall be arranged in design of a grid and, when used for hydrant supply, shall conform to the following:
(1)
For residential districts, hydrants shall be spaced not more than 500 feet apart.
(2)
For commercial districts, hydrants shall be spaced not more than 300 feet apart.
(3)
For residential districts, mains shall be eight inches; six inches to be used only where they complete an acceptable grid and in no case in blocks 600 feet or more in length.
(4)
For commercial districts, mains shall be eight inches to meet structural or other conditions existing in a limited area. The strict application of these standards may, to achieve uniformity, be modified in particular cases by the administrative agency upon recommendation of the Borough Engineer and the Fire Prevention Bureau of Demarest Fire Department.
(5)
All water main sizes shall be approved by the Hackensack Water Company.
(6)
All hydrant locations shall be approved by the Fire Prevention Bureau of the Demarest Fire Department and the Hackensack Water Company.
G.
Sanitary sewers. The sanitary sewers shall be designed to be adequate for present and future development according to plans and specifications approved by the Borough Engineer.
A.
No final plat shall be approved by the administrative agency until the completion of all required improvements has been certified to the administrative agency by the Borough Engineer, unless the applicant shall have posted a performance guaranty in favor of the Borough in an amount of 120% of the cost of construction of the improvements as estimated by the Borough Engineer. The guaranty shall be approved as to form by the Borough Attorney.
B.
Upon completion of the required improvements, the applicant shall post with the Borough of Demarest a maintenance bond in the amount of 15% of the cost of construction of the improvements as estimated by the Borough Engineer, which bond is to be approved as to form by the Borough Attorney.
C.
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as a part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of passage of the resolution.
D.
Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the applicant may notify the governing body in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements of which such notice has been given and shall file a detailed report in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
E.
The governing body shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer, and shall notify the applicant in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the applicant of the completion of the improvements. Where partial approval is granted, the applicant shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the applicant within 65 days shall be deemed to constitute approval of the improvements, and the applicant and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
F.
The applicant shall reimburse the Borough of Demarest for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the Borough may require of the applicant a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection.
G.
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
[Amended 6-16-1986 by Ord. No. 620; 4-15-1996 by Ord. No. 774]
The applicant shall deposit with the Borough of Demarest sufficient funds to pay all of the administrative, engineering and legal expenses incurred by the Borough of Demarest concerning the subdivision application and installation of required improvements. The following fees and deposits set forth for minor subdivisions and major subdivisions are determined to be reasonable fees based upon the normal application for subdivision approval within the Borough:
A.
Minor subdivision. The applicant shall pay a nonrefundable fee to the Borough for minor subdivisions as follows: $500, plus $50 per building lot.
B.
Major subdivision. The applicant shall pay a nonrefundable fee to the Borough of Demarest for major subdivisions as follows: $500, plus $35 per building lot.
C.
Initial escrow deposits for professional review of subdivisions shall be as follows:
(1)
Minor subdivision without variance: $1,500.
(2)
Minor subdivision with variance: $1,750, plus, for each additional variance: $100.
(3)
Major subdivision without variance: $1,500, plus, for each lot after third lot: $100.
(4)
Major subdivision with variance: $1,750, plus, for each lot after third lot: $100, plus, for each additional variance: $100.
D.
Deposit for inspection for subdivision. The applicant shall deposit simultaneously with any application for final subdivision approval the deposits permitted by N.J.S.A. 40:55D-53h as an escrow for reasonable inspection fees paid to the Borough Engineer for inspection of improvements.
F.
Appeals authorized by N.J.S.A. 40:50D-53.4 shall proceed in accordance with that statutory provision. Appeals shall lie with the Demarest Construction Board of Appeals pursuant to Chapter 84, Construction Codes, Uniform, of the Code of the Borough of Demarest.
G.
Fees and charges shall be based upon a schedule to be adopted by resolution of the Mayor and Council. Charges for the Borough's professionals shall be at the same rate as all other work of the same nature of said professionals for the Borough of Demarest.