[HISTORY: Adopted by the Merchantville Borough Council 8-11-1997. (This ordinance superseded
former Ch. 73A, Subdivision of Land, adopted 10-23-1989.) Amendments noted where applicable.]
A.
This chapter shall be known and may be cited as the Merchantville
Subdivision Ordinance.
B.
The purpose of this chapter is to promote the health, safety, convenience
and general welfare of the Borough of Merchantville by establishing
regulations and procedures to insure its orderly growth and development,
to foster the conservation, protection and proper use of its land
and to secure adequate provision of space for circulation, utilities
and services.
A.
Any owner of land within or partly within the Borough of Merchantville
shall, prior to subdividing or resubdividing such land, secure approval
of the same by the Merchantville Planning Board before the subdivision
may be recorded in the Office of the Clerk of the County of Camden,
New Jersey. In certain cases involving use variances which are granted
in conjunction with the application for the subdivision, the Zoning
Board of Adjustment shall have jurisdiction for subdivision review
and approval in accordance with the provisions of N.J.S.A. 40:55D-37a.
All references herein to the Planning Board shall apply to the Zoning
Board of Adjustment when it has jurisdiction to hear subdivision applications.
B.
Approval of final plans by the Planning Board shall constitute an
acceptance of dedication of land for streets, parks and public purpose
or use. However, such acceptance shall not constitute an acceptance
of physical improvements on such land and shall not impose upon the
borough any obligation for maintenance of or jurisdiction over the
improvements until the improvements have been specifically accepted
by the borough according to law.
As used in this chapter, the following terms have the following
meaning as indicated:
An area bounded by streets.
The paved portion of a street intended for vehicular use.
A right-of-way for pedestrian travel across a block.
A right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such a right pertains.
The unpaved portion of a street right-of-way either between
the sidewalk pavement and the property line or between the curb and
the sidewalk pavement.
Land set aside for use as street, alley, crosswalk or common
means of communication, travel or drainage.
The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument: and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of Chapter 94, Zoning, and are shown and designated as separate lots, tracts, or parcels on the Tax Map or atlas of the Borough of Merchantville. The term "subdivision" shall also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of not more than three
lots, provided that such subdivision does not involve a planned development:
any new street; or the extension of any off-tract improvement, the
cost of which is to prorated pursuant to N.J.S.A. 40:44D-42.
Except as set forth above, all other definitions set forth
in N.J.S.A. 40:55D-3 through 40:55D-7 are incorporated by reference
into this chapter.
A.
Applications. All applications for subdivision approval shall be
required to submit to the Zoning Official, at least 21 days prior
to the regular meeting of the Planning Board, a complete application
and plat of proposed subdivision for purposes of review classification
into major or minor subdivision. The Zoning Official shall notify
the Chairman of the Planning Board within five business days of the
submittal of the required materials and shall transmit them as directed.
B.
Determination of completeness/classification. The Planning Board shall take action on completeness of the application and plat classification within 45 days after the submission of the application in accordance with the provisions of Subsection A of this section. Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension thereof shall be deemed to be a determination that the application is complete.
C.
General instructions to the Planning Board. The Planning Board shall make its decisions on plats according to the purposes and provisions stated in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in this chapter and according to the standards of design set forth in § 73A-7 of this chapter. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Whenever review or approval of an application by the County Planning Board is required, the Merchantville Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon with the required time period.
D.
Disclosure of owners of corporation or partnership. The provisions
of N.J.S.A. 40:55D-48.1 et seq. shall be applied to subdivisions involving
six or more lots.
E.
Appeals from decisions of the Planning Board. Appeals from decisions
of the Planning Board shall be made in accordance with the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
F.
Fees. Fees are to be remitted at the time of submission of the development
application.
[Amended 4-8-2013 by Ord.
No. 13-04; 4-8-2013 by Ord. No. 13-06]
(1)
Application. The fees for the following application shall be as stated in Chapter 25, Fees: (a) Application fee for a minor subdivision review, (b) Application fee for a preliminary major subdivision review, (c) Application fee for a final major subdivision review.
(2)
Escrow. In addition to this application fee, an applicant for subdivision is responsible for all escrow fees to cover the costs of professional services, including but not limited to engineering, legal and other expenses connected with the submitted materials. For a minor subdivision, an escrow deposit fee plus a per lot fee must accompany the application along with the application fee when submitted to the Zoning Official. For a preliminary major subdivision, an escrow fee plus a per lot fee will be required at the time of the application. For a final major subdivision, an escrow fee plus a per lot will be required at the time of final application. See Chapter 25, Fees.
(3)
Where a subdivision application also requires a variance or other procedure covered under the provisions of Chapter 94, Zoning, the application and escrow fees required under that chapter shall be paid in addition to those under this section.
(4)
Any additional required deposit must be received by the Borough by
the end of the business day prior to the applicable Planning Board
or Zoning Board meeting in order for the application to be heard.
Sums not utilized in the review process shall be returned to the applicant.
Sums required for review that exceed the deposit must be paid to the
Borough before a construction permit will be issued. If escrow amounts
are determined to be insufficient, additional escrow must be paid
before any additional action can be taken on the application.
G.
Application forms. Suitable application forms, as referenced in Section 94-104B of this chapter, for the application for review of major and minor subdivisions, shall be furnished by the Zoning Official.
H.
Procedures. The Borough Planning Board shall adopt such administrative
procedures, not in conflict with this chapter, as may be necessary
to implement this chapter.
(1)
Proof of payment of taxes. Pursuant to the provisions of N.J.S.A.
40:55D-39 and 40:55D-65, every application for subdivision approval
submitted to the Planning Board or to the Zoning Board of Adjustment
shall be accompanied by proof that no taxes or assessments for local
improvements are due or delinquent on the property which is the subject
of such application; or, if it is shown that taxes or assessments
are delinquent on said property, any approvals or other relief granted
by either Board shall be conditioned upon either the prompt payment
of such taxes or assessments or the making of adequate provisions
for the payment thereof in such manner that the municipality will
be adequately protected.
A.
Applications for minor subdivisions will be submitted with a complete
application form and plat, meeting the following requirements:
(1)
Original linen or Mylar tracing prepared by a licensed land surveyor,
and 16 paper copies of plat at a scale not less than one inch equals
50 feet, showing the following:
(a)
The boundary dimensions of the tract to be subdivided.
(b)
The proposed lots to be created including dimensions.
(c)
The location of existing buildings located on the tract and
within 100 feet of it, including the setbacks, in feet, from the nearest
lot lines.
(d)
Existing streets within 200 feet of the tract.
(e)
Name of the tract owner as well as names of adjoining property
owners as disclosed by the most recent borough tax records.
(f)
Location, course and dimensions of servicing utilities, including
storm, sanitary, water, gas, electric and cable.
(g)
North arrow and graphic scale.
(h)
Location map at a scale of one inch equals 1,000 feet.
(i)
Block and lot numbers from tax map.
(2)
The required fee.
B.
Public notice. Public notice and public hearing shall not be required unless the application also involves a variance, in which case the notice and hearing requirements as set forth in Chapter 94, Zoning, would apply.
C.
Review and approval procedure. If it is determined by the Planning
Board that the application meets all of the zoning requirements and
all of the standards set forth in this chapter or if variances and/or
waivers are granted for specific requirements and/or standards, the
Planning Board shall grant approval of the plat, with any conditions
determined to be appropriate to the granting of such approval. Minor
subdivision approval shall be granted or denied within 45 days of
the date of submission of a complete application to the administrative
officer, or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute minor subdivision approval, and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant; and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval, as required under the provisions of N.J.S.A. 40:55D-1 et
seq., and shall be so accepted by the County Recording officer for
purposes of filing subdivision plats.
D.
Requirements for recording with Register of Deeds.
(1)
Approval of a minor subdivision shall expire 190 days from the date
on which the resolution of municipal approval is adopted unless within
such period a plat in conformity with such approval and the provisions
of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly
describing the approved minor subdivision, is filed by the developer
with the County Recording Officer, the Municipal Engineer and the
Municipal Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the Chairman and Secretary of the Planning
Board. In reviewing the application for development for a proposed
minor subdivision, the Planning Board may accept a plat not in conformity
with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), provided that
if the developer chooses to file minor subdivision as provided herein
by plat rather than deed, such plat shall conform with the provisions
of said law.
(2)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection D(1) above if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
E.
Effect of approval.
(1)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date on which the resolution was adopted, provided that the approved
minor subdivision shall be duly recorded as provided herein.
(2)
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board, but not exceeding one
year from what would otherwise be the expiration date, if the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of a minor subdivision approval, or the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later.
Where an application has been classified as a major subdivision,
the subdivider shall submit to the Zoning Official the following material
for review and approval of applicant's plat:
A.
Preliminary plats.
(1)
Plat requirements. Original linen or Mylar tracing and 16 copies
of the subdivision plat in the form of a map or a series of maps drawn
to scale not smaller than 50 feet to the inch, and showing, in addition
to the requirements of the minor subdivision plat, the following:
(a)
The limits and dimensions of the tract to be subdivided and
its identifying numbers on the Borough Tax Map, showing also the location
of the proposed subdivision in relation to the nearby properties and
also the names and addresses of property owners within 200 feet of
the tract boundary.
(b)
Existing and proposed streets, including names and widths of
the right-of-way and cartway.
(c)
The location and dimensions, where applicable, of existing buildings,
easements, rights-of-way, public lands, tree masses, streams and other
such features, and monuments.
(d)
The location and dimensions of proposed easements, rights-of-way,
and lands reserved for public purposes.
(e)
Existing topographic contours at not more than two-foot intervals.
The plat shall also show proposed final contours.
(f)
The name of the subdivider and the name, seal and signature
of the licensed professional engineer or surveyor qualified to practice
in New Jersey who prepared the plot.
(g)
A summary table of the number and type (i.e., single-family,
two-family, etc.) of structures and dwelling units proposed, which
shall be included on the plat.
(h)
Proposed improvements, including streets, curbs, gutters, sidewalks
and stormwater management systems.
(i)
A summary table showing conformity with zoning standards. Each
lot shall show minimum setback lines.
(2)
Review procedure.
(a)
The Zoning Official shall notify the Chairman of the Planning
Board within five business days of the submittal of applications and
shall transmit them as the Chairman may direct. At its next regular
meeting, as advised by the Zoning Official, the Planning Board may
docket the application for hearing.
(b)
Following a determination of completeness of the application
and before public hearing thereon, the applicant shall cause lawful
notice and advertisement of the hearing to be made and shall, at least
10 days before the hearing, file the plats and pertinent papers and
reports in the office of the Borough Clerk for public inspection upon
request. Publication and notice shall be made pursuant to the provisions
of N.J.S.A. 40:55D-12. Proof of notification and advertising shall
be furnished to the Planning Board at the time of the hearing. Before
the hearing, the Planning Board shall circulate copies of the plans
among the officials of the borough charged with enforcement of building,
zoning, engineering, sanitation, and other pertinent regulations,
including Police and Fire Departments.
(c)
Upon the submission to the administrative officer of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval to the subdivision.
(d)
After or at the conclusion of the public hearing, the Planning Board shall approve the plans, subject to the conditions specified at the hearing, included but not limited to the requirements of §§ 73A-4, 73A-7 and 73A-8 of this chapter, or disapprove them. If the Planning Board requires any substantial amendment to the layout of improvements proposed by the developer that have been subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter and the provisions of N.J.S.A. 40:55D-1 et seq., grant preliminary approval to the subdivision. If the Board wishes to impose conditions not specified at a previous public hearing, a new hearing shall be held to discuss said conditions. The Planning Board's action shall be noted or stamped on all copies of the subdivision plat, together with a statement of any conditions or required changes and modifications. Such statement of conditions shall be deemed to be as much part of the plat as if they had been originally submitted by the subdivider.
(e)
Preliminary approval of a major subdivision shall, except as
provided in N.J.S.A. 40:55D-49d, confer upon the applicant the following
rights for a three-year period from the date on which the resolution
of preliminary approval is adopted:
[1]
That the general terms and conditions on which the preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements;
except that nothing herein shall be construed to prevent the borough
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
[2]
That the applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary subdivision plat.
[3]
That the applicant may apply for and the Planning Board may
grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by the ordinance,
such revised standards may govern.
[4]
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(2)(e)[3] above and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the extension date.
[5]
The Planning Board shall grant an extension of preliminary approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of preliminary approval or the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Planning Board from granting an extension pursuant
to Subsection A(2)(c)[3] herein.
(f)
After action by the Planning Board, the following distribution
of the subdivision plat copies and supporting materials shall be made:
one copy of each of the materials, including the statement of conformity
to other regulations, shall be retained by the Planning Board; one
copy of each of the remaining materials shall be returned to the subdivider;
and one copy of these materials shall be transmitted to the Borough
Council for its information and also to serve as a basis upon which
the subdivider shall make necessary arrangements. One additional copy
of these materials is provided for work and miscellaneous purposes.
B.
Final plats.
(1)
Plan requirements. The applicant shall submit final subdivision plans and supporting materials to the Zoning Official with the application for approval of the final plats. Final plats shall conform in all important details with preliminary plats as approved by the Planning Board and must be submitted within three years of the date of approval of the preliminary plats, or such other period that shall be extended by the Board pursuant to N.J.S.A. 40:55D-49. If final approval is requested for a portion of an approved preliminary subdivision plat, the applicant may proceed with the development in stages, provided that adequate proofs are submitted to the Planning Board that at each stage of development the project can function effectively and conform to the requirements of this chapter and Chapter 94, Zoning, if no further development takes place. Where substantial changes have been made in the final plats not conforming to the preliminary plats as approved, such revised plats shall be treated as preliminary plats submitted for the first time. Final plats shall be approved by the Borough Planning Board and its engineers before the subdivider may record the plats in the office of the County Clerk of Camden County. Any conditions specified in the approval of preliminary plans shall be incorporated into the final plans. The following materials shall be submitted by the subdivider:
(a)
Original linen or Mylar tracing, cloth duplicate, and 13 paper
prints of the subdivision plat in the form of a map or a series of
maps drawn to scale not smaller than 50 feet to the inch. Such map
or maps shall be made on permanent materials. One copy shall be made
on translucent tracing cloth with permanent black ink and one copy
shall be a cloth print duplicate thereof; both of these copies shall
be suitable for recordation according to the provisions of the laws
of the State of New Jersey. Of the remaining copies, one shall be
a cloth-print duplicate and 12 shall be black-and-white paper prints.
The error of closure shall not be more than one part in 5,000. The
final subdivision plats not for recordation shall show:
(b)
Two copies of utility map or maps showing tract boundaries,
existing and proposed streets, lot lines, sanitary and storm water
sewer facilities, water pipes, curbs, sidewalks, fire hydrants and
manholes.
(c)
Two copies of profile and cross-section maps or diagrams of
streets showing proposed grades of curbs, sanitary and stormwater
sewers, water pipes and any other underground utilities.
(d)
One copy of any deed restrictions affecting the subdivision
of the property or a written statement by the subdivider that there
are no such restrictions.
(e)
One copy of a statement of the type or types of structures to
be erected, and a summary table of the number of structures and dwelling
units proposed.
(f)
A certification by the Borough Engineer that any required improvements
which may have been installed before final plan approval have been
installed in accordance with borough procedures, specifications and
standards.
(g)
Evidence that the subdivider has furnished to the borough:
[1]
A written agreement, concerning improvements not yet completed
or not yet adequately installed in a form provided by the borough,
that the subdivider will lay out and improve roads and streets and
construct all of the improvements, including necessary grading of
the entire street rights-of- way, paving, curbs, gutters and other
improvements, including sidewalks, sewers, street trees, street name
signs, monuments, crosswalks, fire hydrants and all other related
improvements and facilities which may be required as a condition of
the approval of the plan by the Borough Planning Board, within the
time or times herein specified.
[2]
A bond in such amount, under such conditions and form and with surety as shall be approved by the governing body to guarantee the performance of the subdivider's undertaking in Subsection B(1)(g)[1] above, and secure the completion of the improvements within the time therein specified, and a written agreement that, upon acceptance of any streets or improvements, whether installed before or after final plan approval, the subdivider shall provide a maintenance bond not exceeding 15% of the full cost of all improvements under such conditions, in form and with surety as shall be approved by the governing body to guarantee the maintenance of the streets and public improvements, including grading, paving, curbs, gutters, sidewalks, street lights, street signs, sewers and crosswalks, for a period of up to two years from the date of acceptance of said improvements by the borough. In lieu of a bond, the subdivider may deposit cash or securities with the borough or with a bank or trust company to guarantee performance of said contract and to secure completion of the improvements under an escrow agreement provided by the Borough Solicitor and the governing body. The escrow agent for the deposits of such cash or securities shall be designated by the governing body.
[3]
An agreement that the subdivider will install curbs and underground
facilities before paving streets and constructing sidewalks.
[4]
The developer shall reimburse the municipality for all reasonable
inspection fees paid to the Municipal Engineer for the inspection
of improvements required as part of the subdivision approval; provided
that the borough may require of the developer a deposit for all or
a portion of the reasonably anticipated fees to be paid to the municipal
engineer for such inspection. For those developments for which reasonably
anticipated fees are $10,000.00 or greater, fees may, at the option
of the developer, be paid in four installments. The initial amount
deposited by a developer shall be 25% of the reasonably anticipated
fees. When the balance on deposit drops to 10% of the reasonably anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall make additional deposits of 25% of the reasonably anticipated
fees. The Municipal Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit. 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.
(2)
Review procedure.
(a)
One copy of each subdivision plat and one copy of utility maps
and street profiles received by the Secretary of the Planning Board
shall be transmitted to the Borough Engineer for his review and report
to the Planning Board. Nine copies of the subdivision plats and one
copy of all supporting materials shall be sent directly to the Planning
Board for its review.
(b)
The Borough Engineer shall, within two weeks, review plans and
transmit such plans with a report, in writing, to the Planning Board.
(c)
Approval by the Planning Board shall be noted or stamped on
all copies of the subdivision plat. If the Planning Board disapproves
the plat, the findings and reasons for such disapproval shall be stated
upon the records of the Planning Board, and the applicant shall be
given a copy.
(d)
Final approval shall be granted or denied within 45 days after
submission of a complete application to the administrative officer,
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute final approval, and a certificate of the administrative
officer as to the failure of the Planning Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required,
and shall be so accepted by the County Recording Officer for purposes
of filing subdivision plats. Whenever review or approval of the application
by the County Planning Board is required, the Merchantville Planning
Board shall condition any approval that it grants upon a timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
(e)
Effect of final approval of a major subdivision.
[1]
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer pursuant
to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not
be changed for a period of two years after the date on which the resolution
of final approval is adopted; provided that in the case of a major
subdivision, the rights conferred by this section shall expire if
the plat has not been duly recorded within the time period provided
in N.J.S.A. 40:55D-54. If the developer has followed the standards
prescribed for final approval, and has duly recorded the plat as required
in N.J.S.A. 40:55D-54, the Planning Board may extend such period of
protection of extensions of one year, but not to exceed three extensions.
Notwithstanding other provisions of this act, the granting of final
approval terminates the time period of preliminary approval pursuant
to N.J.S.A. 40:55D-49 for the section granted final approval.
[2]
Whenever the Planning Board grants an extension of final approval pursuant to Subsection B(2)(e)[1] of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[3]
The Planning Board shall grant an extension of final approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval, or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(2)(e)[1] of this section.
(f)
Distribution of copies of the subdivision plat, as finally approved,
shall be as follows: one to the Planning Board, one to the Borough
Engineer, one to be retained by the Borough Clerk for borough files,
one to the Assessor, one to the Zoning Official and one to the subdivider.
One copy of all supporting materials shall be retained in the borough
files.
(g)
The Borough Engineer shall not make his certification on the
final plats for filing at the County Clerk's office until the
Planning Board shall have granted approval.
(3)
Requirements for recording with Register of Deeds.
(a)
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the County Recording
Officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to extend 190 days
from the date of the signing of the plat. The Planning Board may extend
the ninety-five-day or one-hundred-ninety-day period if the developer
proves to the reasonable satisfaction of the Planning Board that the
developer was barred or prevented, directly or indirectly, from filing
because of delays in obtaining legally required approvals from other
governmental or quasi-governmental entities, and that the developer
applied promptly for and diligently pursued the required approvals.
The length of the extension shall be equal to the period of delay
caused by the wait for the required approvals, and determined by the
Planning Board. The developer may apply for an extension either before
or after the original expiration date.
(b)
No subdivision plat shall be accepted for filing by the County
Recording Officer until it has been approved by the Planning Board
as indicated on the instrument by the signature of the Chairman and
the Secretary of the Planning Board or a certificate has been issued
pursuant to N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67
or 40:55D-76. The signatures of the Chairman and Secretary of the
Planning Board shall not be affixed until the developer has posted
the guaranties required pursuant to N.J.S.A. 40:55D-53. If the County
Recording Officer records any plat without such approval, such recording
shall be deemed null and void, and upon request of the municipality,
the plat shall be expunged from the official records.
(c)
It shall be the duty of the County Recording Officer to notify
the Planning Board, in writing, within seven days of the filing of
any plat, identifying such instrument by its title, date of filing
and official number.
In passing on the adequacy of subdivision plans, the Planning Board shall apply the standards contained in this section and the provisions of Chapter 94, Zoning. The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval as set forth in this chapter, if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question. Applications for subdivision approval shall conform in all respects to appropriate provisions of N.J.S.A. 40:55D-38b(8) through 40:55D-38b(15).
A.
General standards.
(1)
Land. No land shall be subdivided for residential purposes unless
the subdivider shall have eliminated, or provided adequate safeguards
as determined by the Planning Board in conjunction with professional
assessments in his plans against such hazards of the site as would
imperil life, health or property by flood, fire and disease.
(2)
Development. Proposed subdivisions shall be coordinated with existing
nearby neighborhoods so that the community as a whole may develop
harmoniously.
B.
Block and lots.
(1)
Grading. Blocks and lots shall be graded to secure proper drainage
and to prevent the collection of stormwater in pools. The original
top soil shall be redistributed as cover and shall be stabilized by
suitable planting.
(2)
Lot lines. Lot lines shall be at right angles to street lines or
radial thereto wherever practical.
(3)
House numbers. House numbers shall be assigned (to each lot) by the
Borough Clerk.
(5)
All lots shall have frontage on a street conforming with the design
standards contained herein, and improved in accordance with borough
specifications.
C.
Streets and sidewalks.
(1)
Integration. The proposed street pattern shall be integrated with
the borough plan of streets, and shall be related to topography so
as to produce usable lots and reasonable street grades.
(2)
Design and purpose. Streets shall be designed according to their
function and laid out to preserve the integrity of their design. Streets
shall be classified as set forth in the Master Plan of the borough.
(3)
Widths. Minimum street right-of-way width is 50 feet, with a thirty-two-foot
cartway.
(4)
Continuations. New streets shall be laid out to continue existing
streets at no reduction in width, provided that such continuations
are both reasonable and practicable.
(5)
Names. Continuations of existing streets shall be known by the same
name. Names for new street shall not duplicate or closely resemble
names for existing streets within the borough and adjoining municipalities.
(6)
Adjacent access. Street layouts shall make reasonable provision for
access to adjacent underdeveloped areas, and the subdivider shall
improve these access streets to the limits of the subdivision. No
areas lacking access to a street shall be created.
(7)
Half streets. Provision of half streets, except to complete existing
half streets, is prohibited.
(8)
Dead-end streets. Dead-end streets are prohibited unless constructed
as culs-de-sac, not exceeding 500 feet in length, with a turnaround
having a minimum radius of 40 feet to property line and a cartway
radius of 35 feet.
(9)
Clear sight distance. Clear sight distance along the center lines
of streets shall be maintained at not less than 300 feet.
(10)
Grades. There shall be a minimum centerline grade of 0.33% and
a maximum centerline grade of 6% on all streets. Grades exceeding
these limits may be permitted on recommendation of the Borough Engineer.
(11)
Directional changes. Changes in street direction shall be made
in accordance with borough specifications.
(12)
Vertical curves. Vertical curves are required for changes in
grade. The rate of change of grade on vertical curves shall be no
more than 4% per 100 feet of road, provided that the clear sight distance
specified in these regulations is maintained at all points of the
road.
(13)
Surface drainage. The slope of the crown on streets shall be
more than 1/8 inch
per foot and less than 1/2 inch per foot as directed by the Borough
Engineer.
(14)
Drainage gutters shall be constructed for the full length of
all streets.
(15)
Side slopes. Street cuts and fills shall be provided with side
slopes no steeper than one vertical to 1.5 horizontal. Where necessary,
such slopes shall be suitably planted with perennial grass or other
vegetation to prevent gullying or erosion.
(16)
Sidewalks. Sidewalks are required for residential and commercial
areas. The location of sidewalks relative to planting strips shall
be at the discretion of the Planning Board.
(17)
Shade trees. The subdivider shall plant suitable shade trees
of a type satisfactory to the Planning Board on the street line or
in the planting strip so as not to interfere with sidewalks or utilities
and in a manner to harmonize with neighboring street frontages.
(18)
Material and construction standards. Materials and construction
standards for streets, curbs and gutters, and sidewalks, shall conform
to regulations and standards of the Borough Engineer, and construction
and installation of all facilities shall be subject to inspection
by appropriate borough officials.
(19)
Street improvements. Provisions of storm sewerage inlets, catch
basins and manholes shall meet the requirements and the approval of
the Borough Engineer as regards both design and location.
(20)
Intersections. Street intersections shall be designed according
to the following standards:
(a)
No more than two streets shall cross at the same point. Street
intersections shall be at right angles wherever possible, and intersections
of less than 70° (measured at the center lines of the streets)
shall not be permitted.
(b)
Maximum grade within any intersection shall not exceed 3%, and
approaches to any intersection shall follow a straight course within
100 feet of the intersection.
(c)
Curb radii at intersections shall be according to the following
schedule of minimum lengths: 10 feet for local streets and alleys;
and 15 feet for streets which have a cartway width of greater that
32 feet. Where streets of different categories intersect, requirements
for the wider street shall hold. The street right-of-way line shall
be parallel to the curbline. In zones where buildings are permitted
to abut the right-of-way lines, a diagonal cutoff may be employed,
provided that sidewalk width and corner visibility are unimpaired.
(d)
A clear sight triangle shall be provided, in which no permanent
structures shall be placed except for utility poles, light standards,
street signs and fire hydrants.
D.
Utilities.
(1)
Connection. All properties shall be connected to the municipal sanitary
sewer system and to the public water supply system.
(2)
Installation. Installation of all sewer, water and other utilities
shall be in strict accordance with the engineering standards and specifications
of the Borough Engineer, or public utility concerned.
(3)
Manholes. Manholes for sanitary sewers shall be no more than 300
feet apart on straight runs, and there shall be a manhole at every
point of substantial change in course or grade and at intersections
of sewer lines.
(4)
Fire hydrants. Fire hydrants shall be located so that the distance
from any building frontage to a fire hydrant is not more than 600
feet measured along the curb. The Planning Board, acting on the advice
of the Fire Department, may require closer spacing of hydrants. In
commercial and industrial areas, the Fire Department shall prescribe
the location of the hydrants.
(5)
Easements. Easements shall be required to facilitate the maintenance
and repair of utility lines, whether pipe or wire. General easements
may be provided for overground facilities. Underground facilities
shall be suitably located within a public right-of-way or in the center
of an easement not less than 14 feet wide. As far as it may be reasonable,
utility lines shall coincide with property lines.
E.
Other public facilities.
(1)
Land requirements. Areas set aside for recreational or school purposes
shall be reasonably compact parcels, placed to serve all parts of
the subdivision, accessible from a public street, and not excessively
irregular in terrain. Such areas shall have at least 100 feet of frontage
on a public street.
(2)
Landmarks. Wherever possible, subdividers shall preserve groves,
waterways, scenic points, historic spots and other community assets,
landmarks and trees more than six inches in diameter at the base of
the trunk.
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms part of a subdivision for which municipal approval is required by this chapter, such person shall be subject to the penalties imposed under § 1-9 of this Code, and each lot disposition so made may be deemed a separate violation.
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, his assigns
or successors, to secure the return of any deposits made or the purchase
price paid, and also, a reasonable search 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 said land or within six years, if unrecorded.
The various parts of this chapter, including articles, sentences,
clauses, phrases and words, are severable; and if any part is properly
found to be unconstitutional or invalid, such a finding shall not
effect the remaining portions of this chapter.
