[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.
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 purpose of sale, lease or separate
use.
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.
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 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.
PLAT
The map of a subdivision.
PRELIMINARY PLAT
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion.
STREET
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.
SUBDIVIDER
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.
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.
[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.