The provisions of Article
VIII shall be administered by the Waldwick Planning Board with R.S. 40:55-1.14 (Section 14 of Chapter 433 of the Laws of 1953), as amended and supplemented.
For the purpose of this article, certain terms are herewith
defined:
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of storm-water 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 in accordance with Chapter
1 of Title 58 of the Revised Statutes.
FINAL PLAT
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 Clerk of the County of Bergen for recording in accordance with
law.
LOT
A parcel or portion of land separated from other parcels
or portions by description as on a subdivision or record-of-survey
map or by metes and bounds for purposes of sale, lease or separate
use.
[Amended 3-24-55 by Ord. No. 3-55]
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the Borough, heretofore adopted or as
the same may hereafter be amended or supplemented.
MINOR SUBDIVISION
Means a subdivision of land for the creation of no more than
three lots; provided that such subdivision does not involve (1) a
planned development, (2) any new street or (3) the extension of any
off-tract improvement, the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42.
OFFICIAL MAP
Means a map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
to 36. Such a map shall be deemed to be conclusive with respect to
the location and width of the "streets," public parks and playgrounds
and "drainage right-of-way" shown thereon.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this ordinance.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a "plat," including performance bonds, escrow
agreements and other similar collateral or surety agreements.
PLAT
Means the map of a "subdivision".
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the "subdivision" which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of §
97-65 of this ordinance.
SKETCH PLAT
The sketch map of a "subdivision" of sufficient accuracy to be used for the purpose of discussion outlined in sections
97-64.1 and/or
97-64.2 and meeting the requirements of Article
VIII of this ordinance.
STREET
Any street, avenue, boulevard, road, land parkway, viaduct,
crescent, 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 Clerk
of the County of Bergen prior to the appointment of a Planning Board
and the grant to such 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 or present right-of-way.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this ordinance to effect a "subdivision" of land thereunder
for himself or another.
SUBDIVISION
The division of a "lot", tract or parcel of land into two
(2) or more "lots", sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development; except
that the following divisions shall not be considered "subdivisions",
provided, however, that no new "streets" or roads are involved; divisions
of land for agricultural purposes where the resulting parcels are
five (5) acres or larger in size; divisions of property by testamentary
or intestate provisions, division of property by 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 the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the tax map or atlas of the municipality. The
term "subdivision" shall also include the term "resubdivision", and
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
SUBDIVISION COMMITTEE
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 ordinance,
and such other duties relating to the land "subdivision" which may
be conferred on this Committee by the Board.
A. Any applicant may be placed on the agenda of a regular meeting of
the Planning Board for discussion on an informally prepared plat.
The purpose will be to review concepts to assist the applicant in
the preparation of subsequent plans. Other than classification, no
decisions will be made, no hearings held, and no formal action taken
on an informal plat.
B. The developer shall file with the administrative officer at least
fourteen (14) days prior to the meeting of the Planning Board, fourteen
(14) copies of the informal plat, a narrative description of the proposal
by the developer, and the applicable fee and escrow amounts. In accordance
with the Municipal Land Use Law, the fee charged for informal review
shall be credited toward the fee for preliminary review at the time
of preliminary submission.
C. The Planning Board shall hear the application at a public meeting
and, if appropriate, shall determine whether the application is to
be classified as a major or minor development and shall render such
additional advice as to the approvals or variances required as a part
of the review process. Discussion on the substantive aspects of the
application shall not be binding on either the applicant or the approving
authority.
All applications for preliminary major subdivision approval
shall comply with the requirements of the relevant checklists for
development applications and the regulations of Article 6 of New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-37 through 58.
[Amended 9-11-73 by Ord. No. 17-73]
A. Before consideration of a final subdivision plat, the subdivider
will have installed the improvements required by this ordinance or
the Planning Board shall require the posting of an adequate performance
guaranty, of which ten (10) percent shall be cash unless waived by
the Planning Board, to assure the installation of the required improvements.
[Amended 3-23-93 by Ord. No. 3- 93]
B. No building permits shall be issued until final approval by the Planning
Board.
C. As a condition for local Planning Board approval of any subdivision
within the municipality, the applicant for such subdivision must submit
proof that no taxes or assessments are due or delinquent on property
for which any such sub-division application is made.
A. All applications for final major subdivision approval shall comply
with the requirements of the relevant checklists for development applications
and the regulations of Article 6 of New Jersey Municipal Land Use
Law, N.J.S.A. 40:55D-37 through 58.
B. 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 more of the following:
1. All improvements have been installed in accordance with the requirements
of these regulations.
2. A performance guaranty has been posted with the Borough Clerk in
sufficient amount as determined by the Borough Engineer to assure
the completion of all required improvements.
3. A contract shall be entered into between the developer or subdivider
and the Borough of Waldwick. Said contract shall detail specifically
all items of public improvements to be performed, the amount of bonds
to be furnished and all other items as agreed and stipulated between
the developer and sub-divider and the Planning Board of the Borough
of Waldwick. Said contract shall be prepared by the Planning Board
Attorney and reviewed and signed off by the Borough Attorney.
[Added 3-24-55 by Ord. No. 3-55]
[Amended 5-23-96 by Ord. No. 5-96]
See § 48:56A-27.
The sketch plat for concept plan review shall be based on tax
map information or some other similarly accurate base, at a scale
(not less than fifty (50) 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 on the plat.
C. The name of the owner of all adjoining property as disclosed by the
most recent tax records.
D. The tax map sheet, block and lot numbers.
E. Name, license number, signature, seal and address of the land surveyor
or engineer who prepared the plat.
The sketch plat for concept plan review shall be based on tax
map information or some other similarly accurate base, at a scale
(not less than one hundred (100) 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 within the portion to be subdivided and within
two hundred (200) feet thereof.
C. The name of the owners and of all adjoining property owners as disclosed
by the most recent tax records.
D. The tax map sheet, block and lot numbers.
The plat shall be designed in compliance with the provisions of §
97-67 of this ordinance and shall show or be accompanied by the following information:
A. Scale. The plat plan shall be drawn accurately to scale. The minimum
scale shall be not less than one hundred (100) feet to the inch.
B. Data. The tract name, tax map sheet, block and lot number, date,
reference meridian, graphic scale and the following names and addresses:
1. Name and address of record owner or owners.
2. Name and address of the subdivider.
3. Name and address of person who prepared the map.
C. Acreage. Acreage of tract to be subdivided to the nearest tenth of
an acre.
D. Contours and profiles. Contours to be shown at two-foot intervals
for the entire property, based on mean sea level (U.S.G.S.) and not
on assumed datum, together with sufficient additional data on elevations
at low points and along watercourses. In areas where surface slopes
exceed eight percent (8%) contours at five-foot intervals may be acceptable
for the preliminary plat. Contours shall be provided to determine
the general slope and natural drainage of the land and the high and
low points and tentative cross sections and centerline profiles for
all proposed new streets.
E. Property lines. The location of existing and proposed property lines,
streets, buildings, railroads, bridges, culverts, drainpipes, physical
features such as watercourses, brooks, drains, dry runs, springs,
water holes, poorly drained or swampy areas and rock outcrops on the
tract or on adjacent land, and also outlines of wooded areas.
F. Utilities. Plans of proposed utility layouts (sewers, storm drains,
water, gas and electricity), showing feasible connections to existing
or any proposed utility system. When an individual water supply or
sewerage disposal system is proposed, the plan for such system must
be approved by the appropriate local, County or State agency. When
a public sewer disposal system is not available, the developer shall
have percolation tests or test holes for every one thousand (1,000)
square feet and submit the results with the preliminary plat. Any
subdivision or part thereof which does not meet the established requirements
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. Deed restrictions. A copy of any existing or proposed protective
covenants or deed restrictions applying to the land being subdivided
shall be submitted with the preliminary plat.
H. Development plan. A map indicating the use of the lots within the
subdivision.
I. Lot areas. A map showing individual lot areas, including:
2. Area that may be measured in accordance with Article
XI, Zoning.
The final subdivision plat shall be drafted at a scale of not
less than one (1) inch equals one hundred (100) feet and in compliance
with all the provisions of Article 6 of New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-37 through 58. The final plat shall show
or be accompanied by the following:
A. Data. Date, name and location of the subdivision, name of the owner
and the subdivider; graphic scale and reference meridian.
B. Property lines. 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 deflections, angles, and radii, arcs
and central angles of all curves.
C. Use of land. 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. Block and lot numbers. Each block shall be numbered in conformance
with the Tax Map of the Borough of Waldwick, and the lots within each
block shall be numbered as approved by the Assessment Authority or
Borough Engineer of the Borough of Waldwick.
E. Setback lines. Minimum building setback line on all lots and other
sites indicating the resulting building envelope.
F. Monuments. Location and description of all monuments.
G. Adjoining property ownership. Names and addresses of owners of adjoining
land.
H. Engineer's certification. Certification by engineer or surveyor as
to accuracy of details of plat.
I. Owner's certification. Certification that the applicant is agent
or owner of the land or that the owner has given consent under an
option agreement.
J. Certification of other approvals. When approval of a plat is required
by any officer or body of such a municipality, County or State, approval
shall be certified on the plat.
K. Street profiles. Cross sections and profiles of streets, approved
by the Borough Engineer, shall be required to accompany the final
plat.
L. Grading plan. Grading plan showing existing and final contours at
two-foot intervals for the entire property, based on mean sea level
(U.S.G.S.) and not on assumed datum, together with sufficient additional
data on elevations at low points and along watercourses. In areas
where surface slopes exceed eight percent (8%), contours at five-foot
intervals may be acceptable.
M. Water and sewer profiles. Plans and profiles of storm and sanitary
sewers and water mains.
A. Inspection. All of the following listed improvements shall be subject
to inspection and approval by the Borough Engineer, who shall be notified
by the developer at least seventy-two (72) hours prior to the start
of construction. No underground installation shall be covered until
inspected and approved. A deposit to cover the cost of inspection
shall be filed as required in § 97-64.6 prior to the start of
construction.
B. Installation or performance guaranty.
(1)
No final plat shall be approved by the Planning Board until
the completion of all such required improvements has been certified
to the Planning Board by the Borough Engineer, unless the subdivision
owner shall have filed with the Borough a performance guaranty sufficient
in amount to cover the cost of all such improvements or uncompleted
portions thereof, not to exceed one-hundred twenty percent (120%)
of the cost of improvements as certified by the Borough Engineer,
and assuring the installation of such incomplete improvements on or
before an agreed date.
(2)
The performance guaranty shall be approved by the Borough Attorney
as to form, sufficiency and execution. Such performance guaranty shall
run for a period to be fixed by the Planning Board, but in no case
for a term of more than two (2) years. However, with the consent of
the owner and the surety, if there be one, the Borough Council may,
by resolution, extend the term of such performance guaranty for an
additional period not to exceed two (2) years. The amount of the performance
guaranty may be reduced by the Borough Council, by resolution, when
portions of the required improvements have been installed.
(3)
If the required improvements have not been installed in accordance
with the performance guaranty, the obligor and surety shall be liable
thereon to the Borough for the reasonable cost of the improvements
not installed, and upon receipt of the proceeds thereof the Borough
shall install such improvements.
C. Maintenance bond. On completion of the improvements, the subdivider
is to file with the Borough Clerk a maintenance bond, valid for a
period of two (2) years, issued by a corporation surety in an amount
to be established by the Borough Engineer, to indemnify the Borough
against any loss occasioned by defective workmanship or materials
used in construction of said work.
[Amended 3-24-55 by Ord. No. 3-55]
Prior to the granting of final approval of all major subdivisions
within the Borough of Waldwick, the subdivider shall have installed
or shall have furnished performance guaranties for the ultimate installation
of the following:
A. Pavement. The subdivider shall construct streets and pavement per
the regulations of the Residential Site Improvement Standards (RSIS).
B. Water. The subdivider shall make a supply of municipal water available to each lot within the subdivision. The subdivider shall provide for the installation and maintenance and operation of fire hydrants in locations approved by the Borough. Mains shall be laid according to Chapter
94, Water Supply and all specifications of the New Jersey Residential Site Improvement Standards (RSIS).
C. Drainage. Adequate provision shall be made for water mains, culverts,
storm sewers and sanitary sewers, and all such installations shall
be properly connected with an approved system and shall be adequate
to handle all present and probable future development in accordance
with municipal regulations. All stormwater drainage shall meet the
requirements of the State of New Jersey Stormwater Management Rules
(N.J.A.C. 7:8) and the New Jersey Residential Site Improvement Standards
(RSIS).
D.
Shade trees.
(1)
The subdivider shall provide street trees a minimum of three
(3) feet from the sidewalk, the same not closer than fifty (50) feet
from trunk to trunk, but at least two (2) such shade trees to be located
within the frontage of each lot hereafter platted. The type of trees
shall be recommended from the following:
white oak
black oak
scarlet oak
pin oak
red oak
sweet gum
sour gum
honey locust
London plane
(2)
Small or large-leaf lindens, poplar, elm, ash, soft maple or
sycamore trees are not recommended.
E. Streetlighting. The subdivider shall provide streetlighting facilities
at its expense, including the costs of poles, fixtures and other improvements,
unless waived by the Planning Board, and the standards for such lighting
shall be approved by the Planning Board.
F. Topsoil protection. No topsoil shall be 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.
G. Sidewalks. The subdivider shall construct all sidewalks to meet the
regulations of the New Jersey Residential Site Improvement Standards
(RSIS).
H. Curbs. The subdivider shall construct concrete curbs on each side
of the required pavement strip. Said curbs shall meet the specifications
of the New Jersey Residential Site Improvement Standards (RSIS).
All subdivisions shall conform whenever possible to the proposals
and conditions of the Master Plan where adopted.
All streets shall conform in widths, directions and alignments
with the Official Map and Master Plan, and shall connect with streets
shown thereon with the minimum of jogs and sharp angles. All streets
shall comply with the requirements of the New Jersey Residential Site
Improvement Standards (RSIS).
No subdivision showing reserve strips controlling access to
street shall be approved.
All street grades shall comply with the requirements of the
New Jersey Residential Site Improvement Standards (RSIS).
To be of the size and shape required by Section 4 of Chapter
358 of the Laws of 1953, and shall be placed in accordance with said
statute.
Street intersections shall be as nearly at right angles as is
possible. All street intersections shall comply with the requirements
of the New Jersey Residential Site Improvement Standards (RSIS).
Street jogs with center-line offsets of less than one hundred
twenty-five (125) feet shall be prohibited.
All reverse curves shall comply with the requirements of the
New Jersey Residential Site Improvement Standards (RSIS).
[Amended 3-24-55 by Ord. No. 3-55]
Dead-end streets should not exceed nine hundred (900) feet in
length. There should be a turnaround roadway with a minimum outside
radius of fifty (50) feet at the closed end.
[Amended 6-21-2022 by Ord. No. 2022-18]
No name applied to any street shall duplicate or so nearly resemble
the name of any existing street within the Borough as to cause confusion.
In the case of a direct extension of an existing street, the same
name shall be used unless the Mayor and Council shall otherwise direct.
The Mayor and Council shall choose any street name, and preference
shall be given to names of deceased veterans who lost their life during
wartime.
No block should exceed one thousand (1,000) feet in length.
[Amended 3-24-55 by Ord. No. 3-55]
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 Planning Board may,
after adequate investigation, withhold approval of such lots.
A. Area. Lot dimensions and area shall not be less than the minimum lot size and area requirements of Chapter
97, the Borough of Waldwick Zoning, Land Use and Development Code.
B. Lines. Insofar as is practical, side lot lines shall be at right
angles to straight streets and radial to curved streets.
C. Street width. Each lot must front upon an approved street designed
to the specifications of the New Jersey Residential Site Improvements
Standards (RSIS).
No owner or agent of the owner shall sell, transfer or convey
any lot or parcel of land which forms part of a subdivision by reference
to, exhibition of or by use of a plan, chart or plat before the same
has been approved and filed of record in the manner prescribed herein.
The description of such lot or parcel by metes and bounds in the instrument
of sale, transfer or conveyance shall not exempt the transaction from
the provisions of this ordinance.
No changes, erasures, modifications or revisions shall be made
in any plat after approval has been given by the Planning Board and
endorsed in writing thereon, unless said plat is first resubmitted
to the Planning Board for approval.
[Amended 3-24-55 by Ord. No. 3-55]
Where land is to be subdivided and used for a use permitted in a business or industrial zone, the subdivider shall meet the requirements of §
97-66.2A through
H.
Evidence must be furnished by subdivider that the New Jersey
Department of Environmental Protection has given its approval on any
structures or work to be done on any stream under its jurisdiction.
Easement agreements shall be submitted to the Board covering
all surface or subsurface structures for storm or sanitary sewers
and other utilities through adjacent lands and off-site roads or other
highways.
All construction on, in or under streets which it is proposed
to dedicate to the Borough offices who may be appointed for that purpose,
and shall be in accordance with Borough specifications and standards.
[Added 3-22-94 as Ord. No. 4-94]
There shall be included in any new multifamily housing development
that requires subdivision approval an indoor or outdoor recycling
area for the collection and storage of residential-generated recyclable
materials. The dimensions of the recycling area shall be sufficient
to accommodate recycling bins or containers which are of adequate
size and number, and which are consistent with anticipated usage and
with current methods of collection in the area in which the project
is located. The dimensions of the recycling area and the bins or containers
shall be determined in consultation with the municipal recycling coordinator,
and shall be consistent with the district recycling plan adopted pursuant
to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable
requirements of the municipal master plan, adopted pursuant to section
26 of P.L. 1987, c. 102.
A. As used in this article:
1. "Multifamily housing development" means a building containing three
or more dwelling units occupied or intended to be occupied by persons
living independently of each other, or a group of such buildings;
2. "Recycling area" means space allocated for collection and storage
of source separated recyclable materials.
B. The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
C. The recycling area shall be well lit, and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area, and the bins or containers placed therein,
against theft of recyclable materials, bins or containers.
D. The recycling area or the bins or containers placed therein shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
E. Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points or access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
F. Landscaping and/or fencing shall be provided around any outdoor recycling
area.
A. 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 Planning Board
is required to act, such person shall be subject to a fine not to
exceed two hundred dollars ($200) or to imprisonment for not more
than thirty (30) days, and each parcel, plot or lot so disposed of
shall be deemed a separate violation.
B.
In addition to the
foregoing, if the streets in the subdivisions are not such that a
structure on said land in the subdivision would meet requirements
for a building permit under Section 3 of the Official Map and Building
Permit Act (1953), the municipality may institute and maintain a civil
action:
(2)
To set aside and invalidate any conveyance made pursuant to
such contract or sale if a certificate of compliance has not been
issued in accordance with Section 24 of Chapter 433 of the Laws of
1953, but only if the municipality has a Planning Board or a committee
thereof with power to act and which:
(a)
Meets regularly on a monthly or more frequent basis, and
(b)
Whose governing body has adopted standards and procedures in
accordance with Section 20 of Chapter 433 of the Laws of 1953.
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 Waldwick. Any action
taken by the Planning Board under the terms of this ordinance shall
give primary consideration to the above mentioned matters and to the
welfare of the entire community. However, if the subdivider or his/her
agent can clearly demonstrate that by reason of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property, or by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property,
the strict application would result in peculiar and exceptional practical
difficulties to, or exceptional undue hardship upon the developer
of such property; and where in an application or appeal relating to
a specific piece of property the purposes of this act would be advanced
by deviation from the land use and development code requirements and
the benefits of the deviation would substantially outweigh any detriment,
the Planning Board 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 ordinance. In making
its findings, as required hereinbelow, the Planning Board shall take
into account the nature of the proposed use or the existing use of
land in the vicinity, the number of persons to reside or work in the
proposed subdivision and the probable effect of the proposed subdivision
upon traffic conditions in the vicinity. No variance shall be granted
unless the Planning Board finds that:
A. There are special circumstances or conditions affecting said property
such that the strict application of the provisions of this ordinance
would deprive the applicant of the reasonable use of his/her land.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
C. The granting of the variance will not be detrimental to the public
welfare and quality of life or injurious to property in the area in
which said property is situated.
A. Wherever connections to public water supply mains and to a public
sewer system are not available on any lot shown on an approved plat,
no building permit for any structure involving or intending to involve
human occupancy shall be issued unless and until the Board of Health
has certified that proper sanitary facilities can be constructed and
maintained, and further that no certificate of occupancy indicating
conformity with the Land Use and Development Code and other municipal
ordinances shall be issued except where actual connections to a public
water main and public sanitary sewer are installed and ready for use,
until the local Board of Health has certified that the individual
sewage disposal system and private source of water supply has been
constructed in a proper manner, is adequate in capacity for the purpose
and is ready for service. A penalty for failure to conform should
be provided.
B. Supervision required. The Planning Board or the Board of Health,
either or both, shall require that before acceptance of the final
plat or final site plan for any major subdivision, the applicant and
his/her assigns agree in writing to furnish at his/her own expense
acceptable qualified supervision to insure completion of the project
in accordance with the plans in respect to all facilities, grading
elevations, house locations, location and installation of individual
sewage disposal facilities as location construction and elevations
and any private sources of water supply, or that said owner or his/her
agents agree to pay on the basis of a monthly bill the cost of supervision
by an engineer or other qualified person approved by the Planning
Board and the Board of Health and not in the employ of the said owner.
C. The Planning Board reserves the right to require the construction
of sanitary sewers, manholes and house connections even though at
the time it may not be feasible to connect to any trunk sewers, in
which case individual sewage disposal facilities conforming to the
requirements of the Board of Health shall also be installed.
D. Conformity with site plan. Wherever a site plan is filed with the
Planning Board prior to approval of a final plat, the applicant, for
himself and his/her assigns, must agree in writing to follow that
plan in all details unless all bodies or agencies who has approved
the original plan will approve in writing an amended plan.