The purpose of this chapter is to establish rules, regulations,
standards and procedures for approval of subdivisions of land to promote
and ensure:
A. Conformity with the Map Filing Law (N.J.S.A. 46:26B-1 et seq.).
B. Consistency of the layout or arrangement of the subdivision with the requirements of Chapter
450, Zoning, of the Borough Code.
C. Streets in the subdivision of sufficient width and suitable grade
and suitably located to accommodate prospective traffic and to provide
access for fire-fighting and emergency equipment to buildings and
coordinated so as to compose a convenient system consistent with the
Official Map, if any, and the circulation element of the Master Plan,
if any, and so oriented as to permit, consistent with the reasonable
utilization of land, the buildings constructed thereon to maximize
solar gain, provided that no street of a width greater than 50 feet
within the right-of-way lines shall be required unless said street
constitutes an extension of an existing street of the greater width,
or already has been shown on the Master Plan at the greater width,
or already has been shown in greater width on the Official Map, subject
to the New Jersey Residential Site Improvement Standards.
D. Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants.
E. Suitable size, shape and location for any area reserved for public
use pursuant to N.J.S.A. 40:55D-44.
F. Reservation pursuant to N.J.S.A. 40:55D-43 of any open space to be set aside for use and benefit of the residents of planned development resulting from the application of standards of density or intensity of land use contained in this chapter and Chapter
450, Zoning, pursuant to N.J.S.A. 40:55D-65c.
G. Regulation of land designated as subject to flooding, pursuant to
N.J.S.A. 40:55D-65e, to avoid danger to life or property.
H. Protection and conservation of soil from erosion by wind or water
or from excavation or grading.
I. Conformity with standards promulgated by the Commissioner of Transportation
pursuant to the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A.
6:1-80 et seq.) for any airport hazard areas delineated under that
Act.
J. Conformity with a municipal recycling ordinance required pursuant
to N.J.S.A. 13:1E-99.16.
K. Conformity with the State Highway Access Management Code adopted
by the Commissioner of Transportation under Section 3 of the State
Highway Access Management Act (N.J.S.A. 27:7-91 et seq.) with respect
to any state highways within the municipality.
L. Conformity with any access management code adopted by the county
under N.J.S.A. 27:16-1 with respect to any county roads within the
municipality.
M. Conformity with any municipal access management code adopted under
N.J.S.A. 40:67-1 with respect to municipal streets.
N. Protection of potable water supply reservoirs from pollution or other
degradation of water quality resulting from the development or other
uses of surrounding land areas, which provisions shall be in accordance
with any siting, performance, or other standards or guidelines adopted
therefor by the Department of Environmental Protection.
O. Conformity with the public safety regulations concerning stormwater
detention facilities adopted pursuant to N.J.S.A. 40:55D-95.1 and
reflected in stormwater management plans and stormwater management
ordinances adopted pursuant to N.J.S.A. 40:55D-93 et seq.
P. Conformity with the model ordinance promulgated by the Department
of Environmental Protection and Department of Community Affairs pursuant
to N.J.S.A. 13:1E-99.13a regarding the inclusion of facilities for
the collection or storage of source-separated recyclable materials
in any new multifamily housing development.
Q. Standards, subject to the New Jersey Residential Site Improvement
Standards, as applicable, for grading, improvement and construction
of streets or drives and for any required walkways, curbs, gutters,
streetlights, shade trees, fire hydrants and water, and drainage and
sewerage facilities and other improvements as shall be found necessary,
and provisions ensuring that such facilities shall be completed either
prior to or subsequent to final approval of the subdivision by allowing
the posting of performance and maintenance guarantees by the developer.
R. Standards to ensure that subdivisions shall conform to the applicable
provisions of this chapter.
S. Performance in substantial accordance with the final development plan, provided that the Planning Board may permit a deviation from the final plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and Chapter
450, Zoning, of the Borough Code.
T. Off-tract water, sewer, drainage and street improvements which are
necessitated by a subdivision, subject to the provisions of N.J.S.A.
40:55D-42.
U. In the case of a development which proposes construction over a period
of years, the protection of the interests of the public and of the
residents, occupants and owners of the proposed development in the
total completion of the development.
V. The submission of proof that no taxes or assessments for local improvements
are due or delinquent on the property for which any subdivision, site
plan, or planned development application is made.
W. Provisions for minor subdivision approval pursuant to N.J.S.A. 40:55D-47.
X. Standards encouraging and promoting flexibility, economy and environmental
soundness in layout and design in accordance with which the Planning
Board may approve the varying, within a conventional subdivision,
of lot areas and dimensions and yards and setbacks otherwise required
by municipal development regulations in such a way that the average
lot areas and dimensions, yards and setbacks within the subdivision
conform to the conventional norms of the municipal development regulations,
provided that such standards shall be appropriate to the type of development
permitted.
Y. Promoting any other purposes or objectives of N.J.S.A. 40:55D-1 et
seq., the Penns Grove Borough Master Plan, and this chapter.
Except as otherwise provided herein, any division, subdivision, resubdivision, or reconfiguration of any lot, tract or parcel of land, whether or not for sale or development, must be made in accordance with the requirements of this chapter and all other applicable requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and Chapter
450, Zoning, of this Code. All major and minor subdivision plans must conform to all applicable requirements of the Map Filing Law (N.J.S.A. 46:26B-1 et seq.), including requirements relating to monuments. Applicants must confirm to the satisfaction of the Planning Board Engineer, prior to the signature of any final subdivision plat or minor subdivision deeds by any Borough official, that all approved existing monuments remain in place and that all required new or reset monuments have been set or reset consistent with the approved plan.
The following shall not be considered subdivisions within the
meaning of this chapter, if no new streets are created:
A. Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
B. Division of property by testamentary or intestate provisions;
C. Divisions of property upon court order, including but not limited
to judgments of foreclosure;
D. Consolidation of existing lots by deed or other recorded instrument;
and
E. Conveyance of one or more adjoining lots, tracts or parcels of land
owned by the same person(s) and all of which are found and certified
by the administrative officer to conform to the requirements of the
municipal development regulations and are shown and designated as
separate lots, tracts, or parcels on the Tax Map or atlas of the Borough.
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from applicable submission requirements and design standards as may be reasonable and within the general purpose and intent of this chapter, Chapter
450, Zoning, of this Code and the Municipal Land Use Law, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, and if the proposed resulting lots and the existing and proposed structures and improvements upon them will comply with all applicable zoning requirements.