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:
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.
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.
All subdivisions not classified as minor subdivisions.
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.
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.
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.
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.
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]
a.
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.
b.
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.
d.
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.
e.
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:
1.
The location of that portion which is to be subdivided in relation
to the entire tract.
2.
All existing structures and wooded areas on the plat.
3.
The name of the owner and of all adjoining property owners as disclosed
by the most recent tax records.
4.
The Tax Map sheet, block and lot numbers.
5.
Dimensions, bearings and angles sufficient to clearly indicate the
definite locations and boundaries thereon.
6.
Area of all plots shown thereon.
f.
All plats shall be prepared by a professional engineer or land surveyor.
[1973 Code § 100-6]
a.
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.
b.
Preliminary sketch plans must set forth the following:
1.
Layout of proposed subdivision.
2.
Lots and blocks on the Assessment Map.
3.
Relation of proposed streets to existing streets.
4.
Use of abutting properties.
5.
Size of plots.
6.
Profiles to show street widths, grades and elevations.
7.
Contours at intervals of five-foot elevations.
8.
Location of water bodies, streams and swamps, if within two hundred
(200) feet.
9.
Open spaces to be dedicated for public use.
10.
Existing buildings.
11.
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]
a.
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.
b.
The final plat must set forth the following items:
1.
Complete layout of the proposed subdivision showing its relation
to adjoining existing streets and abutting properties in sufficient
detail to allow for orientation.
2.
Plot plan with location sketch.
3.
Contour map of the area.
4.
Profile map showing finished grades.
5.
Map showing existing and proposed drainage facilities.
6.
Proposed installation of curbs and pavement on County roads.
7.
Size of lots on each boundary line.
8.
Street lines, giving bearings, length of arcs, together with their
radii and tangents where streets change direction.
9.
Setback line.
10.
Location of easement.
11.
Streets, widths and radii of corner roundings.
12.
Location of existing and proposed monuments with their elevations
referred to the United States Coast and Geodetic Survey bench.
13.
Lot and block numbers as approved by the Assessor.
14.
Street names.
15.
Scale, fifty (50) feet to the inch, minimum.
16.
Direction of true North.
17.
Certification and stamp of licensed engineer or surveyor.
19.
Name or designation of the subdivision.
20.
Name of applicant.
21.
Signature of applicant.
22.
Signature of owner of record.
23.
Date of the map.
24.
Drainage details; soil percolation test, when requested by Planning
Board.
25.
Approval of Board of Health, when requested by Planning Board.
c.
A statement accompanying final plans must set forth the following
information:
1.
Name of owner of record.
2.
Name and address of applicant and who he represents.
3.
Deed restrictions.
4.
Existing easements and exceptions.
5.
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.
6.
Date of beginning construction.
7.
Accessibility of utilities.
8.
Proposed street names.
d.
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.
1.
Two (2) blueprints on cloth for the Borough Clerk.
2.
One (1) black and white print for the Tax Assessor.
3.
One (1) black and white print for the Tax Collector.
4.
One (1) black and white print for the Department of Public Works.
5.
One (1) litho tracing for the office of Borough Engineer.
6.
One (1) blueprint on paper for the County Planning Board.
7.
One (1) blueprint on cloth for the County Clerk's office.
8.
One (1) blueprint on paper for the County Engineer.
9.
One (1) blueprint on paper for the Road Supervisor.
10.
One (1) blueprint on paper for the Construction Official.
e.
Street Construction.
1.
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.
2.
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.
3.
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.
4.
When the construction work is not in a development, the cost shall
be commensurate with the engineering work involved.
5.
All construction shall be in accordance with the Uniform Construction
Codes which are in effect at the time the construction is undertaken.
6.
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.
7.
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.
8.
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.
9.
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.
f.
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:
1.
Location of each proposed building with grade level of lowest floor.
Location of each proposed septic tank with grade level.
2.
Setback and side yard dimensions.
3.
Present and finished grade levels at any additional points required
by the Borough Engineer.
4.
Present and finished grade levels at house and at lot lines.
5.
Sidewalk lines and levels if sidewalks are required.
6.
Curb and pavement lines and grades.
7.
Corner radii.
8.
Bearings or radii of other than straight streets.
9.
Location of catch basins.
10.
Storm drains, with capacity, course and grade.
11.
Point of disposal and manner of disposal of afflux.
12.
Existing or proposed easements.
13.
Grades of streets.
14.
Typical cross section of street showing all improvements.
15.
Location of trees, ten (10) inches or over, to be removed.
16.
Any other matters required on the preliminary sketch and with accuracy
of detail consistent with final maps.
17.
Contours at intervals of five-foot elevations.
18.
Plans and profiles of storm and sanitary sewers and water mains.
19.
House numbers.
g.
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.
h.
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.
i.
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.
j.
Approval. The Planning Board shall act to grant or deny an application
within the allotted time or a mutually agreed upon extension.
k.
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.
l.
Fees; Payment to Borough Clerk.
1.
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.
m.
Guaranties for Improvement.
1.
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:
(a)
Streets.
(b)
Street signs.
(c)
Curbs and/or gutters.
(d)
Sidewalks.
(e)
Streetlighting.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
2.
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.
3.
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.
n.
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]
a.
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.
b.
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:
1.
For injunctive relief.
2.
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:
c.
In any such action the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the 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.
