[1982 Code § 134-90]
The purpose of this article shall be to provide rules, regulations
and standards to guide land subdivision in the Borough in order to
promote the public health, safety, convenience and general welfare
of the Borough. It shall be administered to ensure the orderly growth
and development, the conservation, protection and proper use of land
and adequate provision for circulation, utilities and services.
[1982 Code § 134-91]
The approval provisions of this article shall be administered
by the Planning Board in accordance with N.J.S.A. 40:55D-25 and N.J.S.A.
40:55D-37 et seq. and as otherwise provided by law.
[1982 Code § 134-93]
As used in this article, the following terms shall have the
meanings indicated:
Shall mean an application form completed as specified by
ordinance and rules and regulations of the municipal agency and all
accompanying documents required by this section for approval of the
application for development, including, where applicable, but not
limited to, a site plan or subdivision plat, provided that the municipal
agency may require such additional information not specified in the
section or any revisions in the accompanying documents as is reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency. An application shall be certified
as complete immediately upon the meeting of all requirements specified
in the section and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for the purpose of the commencement of the
time period for action by the municipal agency.
Shall mean the County Planning Board as defined in N.J.S.A.
40:27-6.1, of the county in which the land or development is located.
Shall mean the land required for the 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 to
safeguard the public against flood damage in accordance with N.J.S.A.
58:1-2 et seq.
Shall mean the official action of the Planning Board taken
on a tentatively approved plat after all requirements, conditions,
engineering plans, etc., have been completed and the required improvements
have been installed or bonds properly posted for their completion.
A plat that receives final approval must have been prepared by a licensed
professional engineer and a land surveyor in compliance with all the
provisions of N.J.S.A. 46:23-9.9 et seq. and is the map which must
be filed with the county recorder within ninety (90) days after such
action in order to make the approval binding.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
Shall mean a parcel or portion of land separated from other
parcels or portions by description, as on a subdivision of record
or survey map, or by metes and bounds, for purposes of sale, lease
or separate use.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been duly adopted by the Planning Board.
Shall mean a subdivision of land that does not involve:
Shall mean the map adopted in accordance with N.J.S.A. 40:55D-32
et seq., or any prior act authorizing adoption. The map shall be deemed
to be conclusive with respect to the location and width of streets
and drainage right-of-way shown thereon.
Shall mean any person having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this article.
Shall mean any security which may be accepted in lieu of
a requirement that certain improvements be made before the Mayor and
Council approves a plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
Shall mean the map of a subdivision.
Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for consideration and tentative approval and meeting the requirements of Section 35-905.
Shall mean a privately owned strip of land of less width
than the lot depth permitted by the applicable zoning regulation and
bounded on one side by a proposed street and on the other by the boundary
of a subdivision.
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Section 35-905.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, county or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action, or a street
or way on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to the Board of the power to review plats, and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street lines.
CONTROLLED ACCESS HIGHWAYSShall mean those that are used by heavy through traffic and which permit no access from abutting property.
ARTERIAL STREETSShall mean those which are used primarily for fast or heavy traffic.
MAJOR THOROUGHFARESShall mean those which are used primarily for local and through traffic.
COLLECTOR STREETSShall mean those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.
MINOR STREETSShall mean those which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSShall mean streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSShall mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Shall mean any person, corporation, trust or legal entity
commencing proceedings under this article to effect a subdivision
of land for himself or for another.
Shall mean the division of a lot, tract or parcel of land
into two (2) 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 article, if no new streets are created:
divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five (5) 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 (1) 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 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 term "subdivision" shall
also include the term "resubdivision."
Shall mean the application for approval of a subdivision
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
or an application for approval of a planned unit development pursuant
to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.
Shall mean a committee of at least three (3) Planning Board
members appointed by the Chairman of the Board for the purpose of
classifying subdivisions in accordance with the provisions of this
article, and performing any other duties relating to land subdivision
which may be conferred on this Committee by the Board.
Shall mean the official action taken on a preliminary plat
by the Planning Board meeting in regular session which determines
whether or not the map submitted is in proper form and meets the established
standards adopted for design, layout and development of the subdivision.
"Tentative approval" confers certain irrevocable rights upon a subdivider
for a period of three (3) years on condition that the general terms
and conditions specifically agreed upon will be fully met and, further,
that the final plat be submitted for final approval within the three-year
time period.
Shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
[1982 Code § 134-93A]
a.
Any owner of land within the Borough shall, prior to the subdividing
or resubdividing of land, submit to the Secretary of the Planning
Board, at least two (2) weeks prior to the regular meeting of the
Board, nine (9) sketch plats of the proposed subdivision for purposes
of classification and preliminary discussion, together with a fee
of twenty-five ($25.00) dollars payable to the Borough of Little Ferry.
b.
If a preliminary subdivision application is found to be incomplete,
the developer shall be notified in writing of the deficiencies therein
by the Board or the Board's designee for the determination of completeness
within forty-five (45) days of submission of such application or it
shall be deemed to be property submitted.
c.
If classified and approved as a minor subdivision by unanimous action
of the Subdivision Committee, a notation to that effect will be made
on the sketch plat. In the event that the Subdivision Committee is
not unanimous in its action, then the sketch plat shall be immediately
referred to the Planning Board as a whole for proper consideration
and classification. Where County Planning Board approval is required,
it will be forwarded to that Board for its consideration. The plat
will then be forwarded to the Mayor and the Borough Clerk for their
signatures and returned to the subdivider within one (1) week following
the next regular meeting of the Mayor and Council. No further Governing
Body approval shall be required.
d.
Before the Clerk returns any approved sketch plat to the subdivider,
he shall furnish one (1) copy to each of the following:
e.
Either a deed description or a plat map drawn in compliance with
Chapter 358 of the Laws of 1953 shall be filed or recorded by the
subdivider with the County Clerk within ninety (90) days from the
date of return of the approved sketch plat.[1]
[1]
Editor's Note: Currently, see N.J.S.A. 46:23-9.9 et seq.
f.
If the plat is classified as a major subdivision, a notation to that
effect shall be made on the plat, which will be returned to the subdivider
for compliance with the procedure in paragraphs b and c above.
[1982 Code § 134-93B]
a.
At least ten (10) black-on-white prints of the preliminary plat, together with three (3) completed application forms for preliminary approval, shall be submitted to the Secretary of the Planning Board two (2) weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a fee shall be paid to the Borough of Little Ferry in accordance with Article 400, Section 35-404.
b.
The subdivider shall notify by mail, at least ten (10) days prior
to the hearing, all property owners of lands adjoining and lands directly
across the street or streets from the property involved. The notice
shall state the time and place of hearing, a brief description of
the subdivision and that a copy of the subdivision has been filed
with the Clerk for public inspection. The subdivider shall also cause
notice of the hearing to be published in the official newspaper or
newspapers of general circulation in the Borough at least ten (10)
days prior to the hearing. Proof of publication and mailing shall
be filed with the Secretary of the Planning Board prior to the hearing.
c.
Copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board prior to the hearing to the following persons:
d.
The Planning Board shall act on the preliminary plat within ninety
(90) days after submission to the Planning Board, but in no case before
the expiration of the twenty-day period within which the County Planning
Board may submit a report on the subdivision. In all cases the recommendations
of the County Planning Board shall be given careful consideration
in the final decision of the local Planning Board. If the County Planning
Board has approval authority pursuant to N.J.S.A. 40:27-1 et seq.,
its action shall be noted on the plat, and if disapproved, two (2)
copies of the reasons for disapproval shall be returned with the plat.
If either the Planning Board or County Planning Board disapproves
a plat, the reasons for disapproval shall be remedied prior to further
consideration. The person submitting a plat shall be notified of the
action of the Planning Board within ninety (90) days of its submission.
If approval is required by any other officer or public body, the same
procedure as applies to submission to and approval by the County Planning
Board shall apply.
e.
If the Board acts favorably on a preliminary plat, a notation to
that effect shall be made on the plat and it shall be referred to
the Mayor and Council for action. The Mayor and Council shall act
within thirty (30) days. Its action shall be noted on the plat, signed
by the Mayor, and it shall be returned to the subdivider for compliance
with final approval requirements.
f.
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of approval:
[1982 Code § 134-93C]
a.
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Section 35-906, or the Planning Board shall require the posting of adequate performance guaranties satisfactory to the Board and Council to assure the installation of the required improvements.
b.
No subdivision plat shall be considered for final approval unless and until the applicant shall first deposit with the Clerk a sum equal to three and one-half (3 1/2%) percent of the total cost of the improvements required under Section 35-906, the moneys to be used by the Borough to defray the cost of filing, inspection, supervising, engineering, legal and all other fees in connection with the approval of the plats, bonds, agreements, ordinances for the acceptance of the improvements, any and all services rendered for the approval and proper completion of the work thereunder. If the amount is insufficient to cover such costs, the subdivider shall be liable for the balance of such costs. The subdivider shall be obligated to pay the Borough for the reasonable engineering cost of designing, laying out and supervising the installation of all pavements, curbs, sidewalks, storm drains and other structures in the Borough and the preparation of all construction plans and profiles and the setting of grade stakes. The fees will be established with the consent of the Mayor and Council and, where determinable, shall be paid in advance of services.
[1982 Code § 134-93D]
a.
The final plat shall be submitted to the Planning Board for final
approval within three (3) years from the date of preliminary approval.
The Board shall act upon the final plat within forty-five (45) days
after the date of submission for final approval to the Secretary of
the Board.
b.
The original tracing, one (1) translucent tracing cloth copy, two
(2) cloth prints, ten (10) black-on-white prints and three (3) copies
of the application form for final approval shall be submitted to the
Secretary at least three (3) weeks prior to the date of a regular
Planning Board meeting. Unless the preliminary plat is approved without
changes, the final plat shall have incorporated all changes or modifications
required by the Board.
c.
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities in exact
location and elevation, identifying those portions already installed
and those to be installed, and that the subdivider has complied with
one (1) or both of the following:
d.
Any plat which requires County Planning Board approval pursuant to
N.J.S.A. 40:27-12 shall be forwarded to the County Planning Board
for its action prior to final approval by the Mayor and Council.
e.
If the Planning Board favorably refers a final plat to the Mayor
and Council, it shall take action not later than the second regular
meeting following the referral, noting its action on the plat and
the Mayor affixing his signature thereto if the action is favorable.
f.
Failure of the Mayor and Council to act within the allotted time
or a mutually agreed upon extension shall be deemed to be favorable
approval, and the Borough Clerk shall issue a certificate to that
effect.
g.
If any person shall be aggrieved by the action of the Planning Board,
appeal in writing to the Mayor and Council may be taken within ten
(10) days after the date of the action of the Planning Board. A hearing
shall be had on notice to all parties in interest, who shall be afforded
an opportunity to be heard. After the hearing, the Mayor and Council
may affirm or reverse by a recorded vote of a majority of the total
members. The findings and reasons for the disposition of the appeal
shall be stated on the records of the Mayor and Council, and the applying
party shall be given a copy.
i.
The final plat, after final approval by the Mayor and Council, shall
be filed by the Borough Engineer with the County Recording Officer.
j.
No plat shall be accepted for filing by the County Recording Officer
unless it has been duly approved by the Council and signed by the
Mayor.
[1982 Code § 134-94A]
The sketch plat shall be based on Tax Map information or some
other similarly accurate base at a scale [preferably not less than
four hundred (400) feet to the inch] to enable the entire tract to
be shown on one (1) sheet and shall show or include the following
information:
a.
The location of that portion which is to be subdivided in relation
to the entire tract.
b.
All existing structures and wooded areas within the portion to be
subdivided in relation to the entire tract.
c.
The name of the owner and of all adjoining property owners as disclosed
by the most recent borough tax records.
d.
The Tax Map sheet, block and lot numbers.
e.
All streets or roads and streams within five hundred (500) feet of
the subdivision.
[1982 Code § 134-94B]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals one hundred (100) feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor or by a planner holding full or associate membership in the American Institute of Planners. The plat shall be designed in compliance with the provisions of Section 35-907 and shall show or be accompanied by the following information:
a.
A key map showing the entire subdivision and its relation to the
surrounding areas.
c.
Acreage of tract to be subdivided, to nearest tenth of an acre.
d.
Sufficient elevations or contours to determine the general slope
and natural drainage of the land, the high and low points and tentative
cross sections and center-line profiles for all proposed new streets,
together with the proposed final elevations of all streets, sanitary
sewers, storm sewers, sidewalks, curbs, individual lots, the first
floor and garage floor, if any, of any building to be constructed
thereon and any intermediate grades as may be required by the Borough
Engineer.
e.
The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drainpipes and any natural
features such as wooded areas and rock formations.
f.
Plans of proposed utility layouts (sewers, storm drains, water, gas
and electricity), showing feasible connections to existing or any
proposed utility systems. When an individual water supply or sewage
disposal system is proposed, the plan for the system must be approved
by the appropriate local, county or State health agency. When a public
sewage system is not available, the developer shall have percolation
tests made and submit the results with the preliminary plat. Any subdivision
or part thereof which does not meet with the established requirements
of this article or other applicable regulations shall not be approved.
Any remedy proposed to overcome such a situation shall first be approved
by the appropriate local, county or State health agency.
g.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
[1982 Code § 134-94C]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one (1) inch equals one hundred (100) feet and in
compliance with all the provisions of N.J.S.A. 46:23-9.9 et seq. The
final plat shall show or be accompanied by the following:
a.
Date, name and location of subdivision, name of owner, graphic scale
and reference meridian.
b.
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines, with accurate dimensions,
bearings or deflection angles, and radii, arcs and central angles
of all curves.
c.
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of sites other than
residential shall be noted.
d.
Each block shall be numbered, and the lots within each block shall
be numbered consecutively beginning with No. 1.
e.
Minimum building setback line on all lots and other sites.
f.
Locations and description of all monuments.
g.
Names of owners of adjoining unsubdivided land.
h.
Certification by engineer or surveyor as to accuracy of details of
plat.
i.
Certification that the applicant is agent or owner of the land or
that the owner has given consent under an option agreement.
j.
When approval of a plat is required by an officer or body of a municipality,
county or State, approval shall be certified on the plat.
k.
Cross sections and profiles of streets, approved by the Borough Engineer,
shall be required to accompany the final plat.
l.
Contours at five-foot intervals for slopes averaging ten (10%) percent
or greater and at two-foot intervals for land of lesser slope.
m.
Plans and profiles of storm and sanitary sewers and water mains.
n.
Certificate from Tax Collector that all taxes are paid to date.
[1982 Code § 134-95]
a.
Improvements. Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranties
for the ultimate installation of the following:
1.
Streets.
2.
Street signs.
3.
Curbs or gutters.
4.
Sidewalks.
5.
Streetlighting.
6.
Shade trees, to be located on the street line so as not to interfere
with utilities or sidewalks.
7.
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least six (6) inches of cover to all areas of the
subdivision and shall be stabilized by seeding or planting.
8.
Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.11,
and shall be placed in accordance with the statute.
9.
Water mains, culverts, storm sewers and sanitary sewers shall be
properly connected with an approved system and shall be adequate to
handle all present and probable future development.
b.
All of the above-listed improvements shall be subject to inspection
and approval by the Borough Engineer, who shall be notified by the
developer at least twenty-four (24) hours prior to the start of construction.
No underground installation shall be covered until inspected and approved.
c.
Performance Guaranty. No final plat shall be approved by the Mayor
and Council until the completion of all required improvements has
been certified by the Borough Engineer and the Superintendent of Public
Works, unless the subdivision owner shall have filed with the Borough
a performance bond with sufficient surety conditioned upon the completion
of the improvements to the satisfaction of and within the time designated
by the Mayor and Council, and further conditioned upon the furnishing
of a maintenance bond with sufficient surety, in an amount of one
fourth (1/4) of the sum of the performance bond, to maintain the improvements
against defective workmanship and material and inherent defects due
to faulty workmanship or material for a period of eighteen (18) months
from the date of the completion and acceptance of the improvements.
The performance bond shall be in such amount as estimated by the Borough
Engineer to cover the costs of the improvements and all expenses incidental
thereto, plus twenty-five (25%) percent over and above the amount.
In lieu of bonds, the applicant may deposit cash in sums equal to
the amounts which would otherwise be secured by bonds. Upon failure
of the applicant to complete or maintain the improvements to the satisfaction
of the Borough, the Borough may complete or maintain the work, using
the money so deposited or so much thereof as is necessary for such
purpose, returning the balance of the deposit, if any, to the applicant.
The performance guaranty shall run for a period to be fixed by the
Mayor and Council but in no case for a term of more than three (3)
years.
[1982 Code § 134-96]
The subdivider 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. Where
either or both an Official Map or Master Plan has or have been adopted,
the subdivision shall conform to the proposals and conditions shown
thereon. The streets, drainage rights-of-way, school sites, public
parks and playgrounds shown on an officially adopted Master Plan or
Official Map shall be considered in approval of subdivision plats.
Where no Master Plan or Official Map exists, streets and drainage
rights-of-way shall be shown on the final plat in accordance with
N.J.S.A. 40:55D-38 through 40:55D-41 and N.J.S.A. 40:55D-44 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 arrangements of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
2.
Minor streets shall be so designed as to discourage through traffic.
3.
Subdivisions abutting arterial 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 Council
may determine appropriate.
4.
The right-of-way width shall be measured from lot line to lot line
and shall not be less than the following:
(a)
Arterial street, eighty (80) feet.
(b)
Collector streets, sixty (60) feet.
(c)
Minor streets, fifty (50) feet.
(d)
Marginal access streets, forty (40) feet.
(e)
The right-of-way width for internal roads and alleys in multifamily,
commercial and industrial development shall be determined on an individual
basis and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and maximum access for fire-fighting equipment.
5.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been approved by the Council.
6.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this article shall dedicate additional
width along either one (1) or both sides of the road. If the subdivision
is along one (1) side only, one-half (1/2) of the required extra width
shall be dedicated.
7.
Grades of arterial and collector streets shall not exceed four (4%)
percent. Grades on other streets shall not exceed ten (10%) percent.
No street shall have a minimum grade of less than one-half of one
(1/2 of 1%) percent unless the Borough Engineer determines a lesser
grade to be necessary, in writing.
8.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60°) degrees. The block
corners at intersections shall be rounded at the curbline with a curve
having a radius of not less than twenty (20) feet.
9.
Street jogs with center-line offsets of less than one hundred twenty-five
(125) feet shall be prohibited.
10.
A tangent at least fifty (50) feet long shall be introduced between
reverse curves on arterial and collector streets.
11.
When connecting street lines deflect from each other at any one point
by more than ten (10°) degrees and not more than forty-five (45°)
degrees, they shall be connected by a curve with a radius of not less
than ten (10) feet for minor streets and three hundred (300) feet
for arterial and collector streets.
12.
All changes in grades shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
13.
Dead-end streets (cul-de-sac) shall not be longer than six hundred
(600) feet and shall provide a turnaround at the end with a radius
of not less than fifty (50) feet and tangent whenever 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 extension 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. The continuation
of an existing street shall have the same name.
c.
Blocks.
1.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Article 100, Zoning, and to provide for convenient access, circulation control and safe street traffic.
2.
In blocks over one thousand (1,000) feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Council. Such
walkway shall be six (6) feet wide and be straight from street to
street.
3.
For commercial, group housing or industrial 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 improved street at least fifty (50) feet
in width, except lots fronting on streets described in paragraph b,4(d)
and (e) above.
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 Council may, after adequate
investigation, withhold approval of such lots.
e.
Public Use and Service Areas.
1.
In large-scale development, easements along rear property lines or
elsewhere for utility installations may be required. Easements shall
be at least fifteen (15) feet wide and located in consultation with
the companies or municipal departments concerned.
2.
Where a subdivision is traversed by a watercourse, drainageway channel
or street, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially with the lines of the 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.
[1982 Code § 134-97; N.J.S.A. 40:55D-55]
a.
Failure to Obtain Subdivision Approval. If, before final approval
has been obtained, any person transfers or sells or agrees to sell,
as owner or agent, any land which forms a part of a subdivision on
which, by ordinance, the Council is required to act, he shall be subject
to a fine not to exceed one thousand ($1,000.00) dollars, and each
parcel, plot or lot so disposed of shall be deemed a separate violation.
The Borough may also institute and maintain as provided for in N.J.S.A.
40:55D-55.
b.
Other Violations.
1.
If the streets in the subdivision are not such that a structure on
the land in the subdivision would meet requirements for a building
permit under N.J.S.A. 40:55D-32 et seq., the Borough may institute
and maintain a civil action for injunctive relief to set aside and
invalidate any conveyance made pursuant to a contract or sale if a
certificate of compliance has not been issued in accordance with N.J.S.A.
40:55D-56.
2.
In any such action the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the subdivider or his assigns
or successors, to secure the return of any deposit made or purchase
price paid, and also a reasonable search fee, survey expense and title-closing
expense, if any. Any action must be brought within two (2) years after
the date of the recording of the instrument of transfer, sale or conveyance
of land, or within six (6) years if unrecorded.
[1982 Code § 134-98]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough of Little Ferry. Any action
taken by the Planning Board and the Council under the terms of this
article shall give primary consideration to the above-mentioned matters
and to the welfare of the entire community. However, if the subdivider
or his agent can clearly demonstrate that, because of peculiar conditions
pertaining to his land, the literal enforcement of one (1) or more
of these regulations is impracticable or will exact undue hardship,
the Planning Board and the Council may permit such variance or variances
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this article.
