Editor's Note: This chapter was adopted by the Council of the Borough of Midland Park 7-29-54 as Ord. No. 306; amended 4-25-74 by Ord. No. 554; readopted, as amended 2-10-77 by Ord. No. 606.
[1973 Code § 100-1]
This chapter shall be known and may be cited as the "Land Subdivision Regulations of the Borough of Midland Park."
[1973 Code § 100-2]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivisions in the Borough of Midland Park in order to promote the public health, safety, convenience and general welfare of the municipality. 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.
[1973 Code § 100-3]
The approval provisions of this chapter shall be administered by the Planning Board; provided, however, that whenever pursuant to law or ordinance, the Board of Adjustment has jurisdiction to grant subdivision approval, then the applicable provisions of this chapter shall be administered by the Board of Adjustment.
[1973 Code § 100-4]
For the purpose of this chapter, the terms used herein are defined as follows:
- DRAINAGE RIGHT-OF-WAY
- The lands 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 therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 et seq.
- FINAL PLAT
- The final map 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 in the office of the Clerk of the County of Bergen.
- 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 purpose of sale, lease or separate use.
- MAJOR SUBDIVISION
- All subdivisions not classified as minor subdivisions.
- MASTER PLAN
- 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.
- MINOR SUBDIVISION
- Any subdivision containing not more than five (5) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel of adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter 34, Zoning, or this chapter.
- OFFICIAL MAP
- A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. 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.
- 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 chapter.
- PERFORMANCE GUARANTY
- Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
- The map of a subdivision.
- PRELIMINARY PLAT
- The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion.
- 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 such Board of the power to review plats, and includes that 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.
- Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
- 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.
[1973 Code § 100-5]
Any owner of land within the Borough of Midland Park shall, prior to subdividing or resubdividing land as defined in this chapter, submit to the Borough Clerk at least two (2) weeks prior to the regular meeting of the Board, the requisite applications and sketch plats required for the proposed subdivision for purposes of classification and preliminary discussion.
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. Where County Planning Board approval is required, it will be forwarded to that Board for its consideration. After the sketch plat has been approved by the Planning Board, the Chairman and Secretary of the Planning Board shall affix their signatures to the original tracing. The plat map or a deed description, when permitted, shall be filed with the Clerk of the County of Bergen and thereafter the official Tax and Assessment Map of the Borough shall show the said subdivision.
The cost of the copies not provided by the subdivider will be charged to the subdivider and shall be collected before the return of the original sketch plat to the subdivider. The original tracing shall be delivered to the subdivider when all copying costs have been paid.
The sketch plat for minor subdivisions 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 and include the following information:
The location of that portion which is to be subdivided in relation to the entire tract.
All existing structures and wooded areas on the plat.
The name of the owner and of all adjoining property owners as disclosed by the most recent tax records.
The Tax Map sheet, block and lot numbers.
Dimensions, bearings and angles sufficient to clearly indicate the definite locations and boundaries thereon.
Area of all plots shown thereon.
All plats shall be prepared by a professional engineer or land surveyor.
[1973 Code § 100-6]
Any owner of land within the Borough of Midland Park, prior to subdividing or resubdividing land as defined in this chapter, shall submit to the Borough Clerk, at least two (2) weeks prior to the regular meeting of the Board, the requisite applications and sketch plats required for purposes of preliminary discussion.
Preliminary sketch plans must set forth the following:
Layout of proposed subdivision.
Lots and blocks on the Assessment Map.
Relation of proposed streets to existing streets.
Use of abutting properties.
Size of plots.
Profiles to show street widths, grades and elevations.
Contours at intervals of five-foot elevations.
Location of water bodies, streams and swamps, if within two hundred (200) feet.
Open spaces to be dedicated for public use.
Approximate location of large trees [ten (10) inches or over] if within bed of proposed street or within ten (10) feet of side line of same.
[1973 Code § 100-7]
The requisite prints of the final plat for final approval shall be submitted to the Borough Clerk at least fourteen (14) days prior to the date of the regular Planning Board meeting, at which time a public hearing shall be held on the final plat, as required by statute.
The final plat must set forth the following items:
Complete layout of the proposed subdivision showing its relation to adjoining existing streets and abutting properties in sufficient detail to allow for orientation.
Plot plan with location sketch.
Contour map of the area.
Profile map showing finished grades.
Map showing existing and proposed drainage facilities.
Proposed installation of curbs and pavement on County roads.
Size of lots on each boundary line.
Street lines, giving bearings, length of arcs, together with their radii and tangents where streets change direction.
Location of easement.
Streets, widths and radii of corner roundings.
Location of existing and proposed monuments with their elevations referred to the United States Coast and Geodetic Survey bench.
Lot and block numbers as approved by the Assessor.
Scale, fifty (50) feet to the inch, minimum.
Direction of true North.
Certification and stamp of licensed engineer or surveyor.
Name or designation of the subdivision.
Name of applicant.
Signature of applicant.
Signature of owner of record.
Date of the map.
Drainage details; soil percolation test, when requested by Planning Board.
Approval of Board of Health, when requested by Planning Board.
A statement accompanying final plans must set forth the following information:
Name of owner of record.
Name and address of applicant and who he represents.
Existing easements and exceptions.
Character of proposed development, i.e., number of houses, price range, architect's sketch of buildings. Some degree of variety of design will be required.
Date of beginning construction.
Accessibility of utilities.
Proposed street names.
After the map has been approved by the Planning Board, it shall be delivered to the Borough Engineer who shall obtain the prints listed below and then file the original tracing with the County Clerk.
Two (2) blueprints on cloth for the Borough Clerk.
One (1) black and white print for the Tax Assessor.
One (1) black and white print for the Tax Collector.
One (1) black and white print for the Department of Public Works.
One (1) litho tracing for the office of Borough Engineer.
One (1) blueprint on paper for the County Planning Board.
One (1) blueprint on cloth for the County Clerk's office.
One (1) blueprint on paper for the County Engineer.
One (1) blueprint on paper for the Road Supervisor.
One (1) blueprint on paper for the Construction Official.
All pavements, curbs, sidewalks, storm drains and other structures in the streets of the Borough of Midland Park shall be designed and laid out by the Borough Engineer. The Borough Engineer shall prepare all construction plans and profiles and shall set all grade stakes. The construction plans and profiles shall be presented to the Planning Board for their approval at the same time the final plat is presented for approval.
The developer or other party or parties doing the construction work shall pay for the work of the Borough Engineer, but shall pay the same to the Borough which shall reimburse the Engineer.
When work is done in a development, the charge for preparing construction plans and profiles and for staking out the work for construction shall be seven (7%) percent of the construction cost and shall be payable one-half (1/2) when the plans and profiles are completed and one-half (1/2) when the stakes are set for construction work involved. Where curb stakes are set, the construction cost shall include the cost of curb, sidewalk and pavement if all are to be constructed. The developer shall furnish the Engineer with a certified statement of the cost of the work.
When the construction work is not in a development, the cost shall be commensurate with the engineering work involved.
All construction shall be in accordance with the Uniform Construction Codes which are in effect at the time the construction is undertaken.
Prior to the commencement of any construction work, the developer or other persons responsible for the work shall deposit with the Borough Clerk an amount of money sufficient to pay for the inspection of the work by a properly designated official of the Borough. Inspection shall be furnished at the rate of two ($2.00) dollars per hour. Money not used for inspection shall be returned to the depositor.
Prior to the commencement of any construction work, the developer or persons responsible for the work shall furnish a bond in the amount of one hundred twenty-five (125%) percent of the construction cost drawn in favor of the Borough of Midland Park. This bond shall be given to ensure the compliance with the specifications of the Borough and shall also ensure the completion of the work to be undertaken.
Upon completion of the construction, the developer shall deliver to the Borough of Midland Park a maintenance bond in an amount equal to twenty-five (25%) percent of the cost of the work completed. This bond shall cover a period of twenty-four (24) months from the date of the acceptance of the work. The bond shall guarantee, in general, all workmanship and materials and shall specifically include curb and sidewalks which have cracked or are out of line or grade and pavement which has settled due to faulty subgrade work. The bond shall be satisfactory to the Borough Attorney.
No street will be accepted unless and until all of the conditions set forth in these regulations have been complied with and all fees indicated have been paid.
Development Map. The Planning Board, at its option, may require five (5) copies of a development map to be submitted to the Secretary of the Planning Board with the final plat. Copies of the development map, if required, upon approval of the final plat, shall be filed in the office of the Borough Clerk, Borough Construction Official, Borough Assessor, Borough Engineer and Borough Board of Health for their use. The development map shall be the same as the final plat, but shall contain the following additional information:
Location of each proposed building with grade level of lowest floor. Location of each proposed septic tank with grade level.
Setback and side yard dimensions.
Present and finished grade levels at any additional points required by the Borough Engineer.
Present and finished grade levels at house and at lot lines.
Sidewalk lines and levels if sidewalks are required.
Curb and pavement lines and grades.
Bearings or radii of other than straight streets.
Location of catch basins.
Storm drains, with capacity, course and grade.
Point of disposal and manner of disposal of afflux.
Existing or proposed easements.
Grades of streets.
Typical cross section of street showing all improvements.
Location of trees, ten (10) inches or over, to be removed.
Any other matters required on the preliminary sketch and with accuracy of detail consistent with final maps.
Contours at intervals of five-foot elevations.
Plans and profiles of storm and sanitary sewers and water mains.
Public Hearing. The subdivider shall notify by mail, at least five (5) days prior to the hearing, all property owners within two hundred (200) feet of the extreme limits of the subdivision as their names appear on the municipal tax record. Said notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of said subdivision has been filed with the Municipal Clerk for public inspection. The subdivider shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least ten (10) days prior to the hearing, and satisfactory proof thereof shall be filed with the Secretary of the Planning Board prior to the hearing.
County Planning Board. Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-6.3 shall be forwarded to the County Planning Board for its action prior to final approval. If approval is required by any other officer or public body, the same procedure as applies to submission and approval by the County Planning Board shall apply.
Disapproval. If either the Borough Planning Board or County Planning Board disapprove a plat, the reasons for disapproval shall be remedied prior to further consideration. The person submitting a plat shall be notified immediately by the Secretary of the Borough Planning Board of action of the Board.
Approval. The Planning Board shall act to grant or deny an application within the allotted time or a mutually agreed upon extension.
Appeal. If any person shall be aggrieved by the action of the Planning Board, appeal in writing to the Governing Body may be taken within ten (10) days after the date of publication of the action of the Planning Board in accordance with the provisions of N.J.S.A. 40:55D-17.
Fees; Payment to Borough Clerk.
All fees as herein required shall be payable to the Borough of Midland Park at the office of the Borough Clerk at the time of filing any application for development. All permits, determinations, resolutions or certificates of approval are subject to the payment of all required fees and no approvals shall be given by the Planning Board until proof has been submitted to it that the requisite fees have, in fact, been paid.
Guaranties for Improvement.
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:
Curbs and/or gutters.
Shade trees. To be located on the street line so as not to interfere with utilities or sidewalks and shall be of Norway maple or any other type approved by the Planning Board. The trees shall be spaced as directed by the Planning Board and shall be of a height approved by the Planning Board.
Topsoil protection. 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.
Monuments. 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.
Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.
All of the above listed improvements shall be subject to inspection and approval of the Municipal 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.
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 Municipal Engineer, unless the subdivision owner shall have filed with the municipality a performance bond with sufficient surety conditioned upon the completion of such improvement or improvements, to the satisfaction of and within the time designated by the Planning Board, 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 such improvement or improvements against defective workmanship and material and inherent defects due to faulty workmanship or material for a period of twenty-four (24) months from the date of the completion and acceptance of such improvement or improvements. The performance bond shall be in such amount as estimated by the Borough Engineer to cover the costs of the improvement or improvements, and all expenses incidental thereto, plus twenty-five (25%) percent over and above said amount. In lieu of the said bonds, the applicant may deposit cash in sums equal to the amounts which would otherwise be secured by the bonds aforesaid, and upon failure of the applicant to complete or maintain such improvement or improvements to the satisfaction of the Borough, the Borough may complete or maintain said 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 more than twenty-four (24) months. However, with the consent of the owner and the surety, if there be one, the Governing Body may by resolution extend the term of such performance guaranty for an additional period not to exceed three (3) years. The performance and maintenance guaranties shall be approved by the Municipal Attorney as to form, sufficiency and execution. The fees of the Borough Attorney shall be paid to the Borough and remitted by the borough to the Attorney.
Filing Map. The Borough Engineer shall file the final plat immediately upon approval of the Planning Board. The fee thereof shall be paid by the subdivider.
[1973 Code § 100-8; New]
If, before favorable referral and 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 one thousand two hundred fifty ($1,250.00) dollars or to imprisonment for not more than ninety (90) days, and each parcel, plot or lot so disposed of shall be deemed a separate violation. The trial for any violations of this chapter shall be held before the Judge of the Borough of Midland Park or any judge now or hereinafter vested with jurisdiction to hear and determine violations of Borough ordinances.
In addition to the foregoing, if the streets in the subdivision are not such that 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:
For injunctive relief.
To set aside and invalidate any conveyance made pursuant to such a 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:
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 such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years if unrecorded.
[1973 Code § 100-9]
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 Midland Park. Any action taken by the Planning Board under the terms of this chapter 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 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 chapter.