[1969 Code § 74-1]
This chapter shall be known and may be cited as "The Land Subdivision
Regulations of the Borough of Elmwood Park, New Jersey."
[1969 Code § 74-2]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Borough of Elmwood
Park in order to promote the public health, safety, convenience and
general welfare of the municipality. It shall be administered to insure
the orderly growth and development, the conservation, protection and
proper use of land, and adequate provision for the circulation, utilities
and services.
[1969 Code § 74-3]
The approval provisions of this chapter shall be administered
by the Governing Body after favorable referral by the Planning Board
of the Borough of Elmwood Park, in accordance with Section 14 of Chapter
433 of the Laws of 1953.
[1969 Code § 74-4; Ord. No. 01-7 § 1; Ord. No. 10-06 § 1]
As used in this chapter:
DRAINAGE RIGHT-OF-WAY
Shall mean 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 Chapter
1 of Title 58 of the Revised Statutes.
FINAL PLAT
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.
LOT
Shall mean a parcel or portion of land separated from other
parcels or portions, by descriptions as on a subdivision or record-of-survey
map, or by metes and bounds, for purpose of sale, lease or separate
use.
MASTER PLAN
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.
MINOR SUBDIVISION
Shall mean any subdivision containing not more than three
lots fronting on an existing improved and accepted street, not involving
any new street or road or the extension of municipal facilities, not
adversely affecting the development of the remainder of the parcel
or adjoining land and not in conflict with any provision or portion
of the Master Plan, Official Map, Zoning Ordinance (with the exception
of existing nonconformities or existing yard variances) or this chapter.
Any subdivision containing land which was included within a "minor
subdivision" within five years shall not be eligible for classification
as a "minor subdivision." Any redivision of property which does not
create any additional building lots nor require an extension of municipal
services shall be classified as a minor subdivision and shall not
be subject to the five year limitation restriction contained in the
preceding sentence.
OFF-SITE AND OFF-TRACT IMPROVEMENTS
Shall mean improvements to accommodate conditions generated
by a proposed development, including but not limited to new improvements
and extensions and modifications of existing improvements. "Off-site"
means located outside the lot lines of the lot in question but within
the property (of which the lot is a part) which is the subject of
a development application or contiguous portion of a street or right-of-way.
"Off-tract" means not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
OFFICIAL MAP
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean the map of a subdivision.
PRELIMINARY PLAT
Shall mean the preliminary map indicating the proposed layout of the subdivisions, which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of Section
32-6.
SKETCH PLAT
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
32-6.
STREET
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 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. For the purpose of
this chapter, streets shall be classified as follows:
a.
Alleys Shall mean minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
b.
Arterial streets shall mean those which are used primarily for
fast or heavy traffic.
c.
Collector streets shall 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 a development.
d.
Marginal access streets shall 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.
e.
Minor streets shall mean those which are used primarily for
access to the abutting properties.
SUBDIVIDER
Shall mean 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
Shall mean the division of a lot, tract or parcel of land
into two 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
three acres or larger in size, divisions of property by testamentary
or interstate provisions, or divisions of property upon Court order.
Subdivision also includes resubdivision, and where appropriate to
the context, relates to the process of subdividing or to the lands
or territory divided.
SUBDIVISION COMMITTEE
Shall mean a committee of at least three Planning Board members,
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter, and
such other duties relating to land subdivision which may be conferred
on this Committee by the Board.
[1969 Code § 74-7]
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required under Section
32-7, or the Planning Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements. No certificate of occupancy shall be issued until the improvements required by this chapter and other Borough ordinances concerning new construction have been installed.
[1969 Code § 74-9]
There are hereby established, pursuant to the provisions of
N.J.S.A. 40:55-1.14, filing fees to be paid in connection with applications
for subdivision approval. Accompanying all applications and allied
papers for subdivision approval shall be the following filing fees,
which shall be paid by the applicant to the Secretary of the Planning
Board, and which filing fees shall become the property of the municipality:
a. For a minor subdivision, the filing fee of $20 shall be paid.
b. For a major subdivision, a filing fee of $50 shall be paid, and in
addition, a filing fee for engineering approval for a major subdivision,
of $15 for each lot up to and including 10 lots, and $10 for each
lot in excess of 10 lots involved in the major subdivision, shall
be paid.
[1969 Code § 74-10]
The sketch plat shall be based on tax map information or some
other similarly accurate base, at a scale not less than 400 feet to
the inch, to enable the entire tract to be shown on one 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 and within 200 feet thereof.
c. The name of the owner and of all adjoining property owners, as disclosed
by the most recent municipal tax records.
d. The tax map sheet, block and lot numbers.
e. All streets or roads and streets within 500 feet of the subdivision.
[1969 Code § 74-11]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 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
32-7 and shall show or be accompanied by the following information:
a. A key map showing the entire subdivision and its relation to surrounding
areas.
b. 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 persons who prepared map.
c. Acreage of tract to be subdivided to nearest 1/10 of an acre.
d. Sufficient elevations or contours 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. The location of existing and proposed property lines, streets, buildings,
watercourses, railroads, bridges, culverts, drain pipes, 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 and/or sewage
disposal system is proposed, the plan for such system must be approved
by the appropriate local, County or State health agency. When a public
sewage disposal 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 chapter 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.
[1969 Code § 74-12]
The final plat shall be drawn in ink on tracing cloth at a scale
of not less than one inch equals 50 feet, and in compliance with all
the provisions of Chapter 358 of the Laws of 1953. The final plat
shall show or be accompanied by the following:
a. Date, name and location of the 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 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 number one.
e. Minimum building setback line on all lots and other sites.
f. Location 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 any officer or body of such
a municipality, County or State, approval shall be certified on the
plat.
k. Cross sections and profiles of streets, approved by the Municipal
Engineer, may be required to accompany the final plat.
l. Contours at five foot intervals for slopes averaging 10% 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.
[1969 Code § 74-13]
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees for
the ultimate installation of the following:
a. Streets. All the streets shall consist of three inch macadam base
course; three inch modified penetration macadam, intermediate course;
and one and 1 1/2 inch Type SM bituminous concrete, surface course,
and shall be subject to inspection and approval by the Municipal Engineer.
b. Street Signs. Street name signs shall be placed at all street intersections
within or abutting the subdivision. Such signs shall be of a type
approved by the Borough of Elmwood Park and shall be placed in accordance
with the standards of the Borough of Elmwood Park.
c. Curbs. All curbs shall be constructed with dimensions of six feet
by eight feet by 20 feet, with Class C concrete, and subject to inspection
and approval by the Municipal Engineer.
d. Sidewalks. All sidewalks shall be constructed with four inch thickness,
four feet wide and made of Class C concrete, and subject to inspection
and approval by the Municipal Engineer.
e. Depressed Curbs. Depressed curbs shall be a minimum of 12 feet in
width and a maximum of 30 feet in width and constructed of Class C
concrete, and subject to inspection and approval by the Municipal
Engineer.
f. Shade Trees. Shade trees shall be at least two inches in diameter,
placed 35 feet apart and located on the street line so as not to interfere
with utilities or sidewalks, and shall be of one of the following
types: Norway maple, oriental plane.
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 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, Sanitary Sewers and Hydrants.
All such installations shall be properly connected with an approved
system and shall be adequate to handle all present and probably future
development and shall be in accordance with the standards and specifications
of the Borough of Elmwood Park and subject to inspection and approval
by the Municipal Engineer. All of the above-listed improvements shall
be subject to inspection and approval by the Municipal Engineer, who
shall be notified by the developer at least 24 hours prior to the
start of construction. No underground installation shall be covered
until inspected and approved.
[Ord. No. 01-7 § 74-13.1]
a. Pursuant to the powers established in N.J.S.A. 40:55D-42, the following
standards are hereby promulgated with respect to determining the proportionate
or pro-rata share of an applicant for a required off-tract improvement.
Prior to the granting of final approval of a site plan or subdivision,
the applicant shall have installed or made cash payments, in the manner
provided for below with respect to the immediate or ultimate installation
of any required off-tract improvement.
1. Allocation of Costs; Criteria in Determining Allocation. The allocation
or costs for off-tract improvements as between the applicant, other
property owners and the Borough, or any one or more of the foregoing,
shall be determined by the Planning Board with the assistance of the
appropriate Borough agencies on the basis of the total cost of the
off-tract improvements, the increase in market values of property
affected and any other benefits conferred, the needs created by the
application, population and land use projections for the general area
of the applicant's property and other areas to be served by the
off-tract improvements, the estimated time of construction of the
off-tract improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:22-2.
The following criteria may also be considered as well as any other
reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, street lights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application and
the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular land use
considering: (1) the percentage relationship between the acreage of
the application and the acreage of the total drainage basin; (2) the
use of a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and (3) the use, condition or status
of the remaining area of the drainage basin.
2. Improvements to be Constructed at the Sole Expense of the Applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the Board may require the applicant as a condition of approval,
at the applicant's expense, to provide for and construct such
improvements as if such were on-tract improvements in the manner provided
hereafter and as otherwise provided by law.
3. Payment of Allocated Costs. In the event that the improvement required
shall be constructed as a general or a local improvement, the estimated
cost of the off-tract improvement allocated to the applicant shall
be deposited with the municipality in the form of cash. Said deposit
shall be paid by the subdivider to the Borough Treasurer who shall
provide a suitable depository therefor, and such funds shall be used
only for the off-tract improvements for which they are deposited or
shall be refunded to the applicant as hereinafter set forth.
4. Deposit of Funds. All funds paid by an applicant pursuant to this
subsection shall be used only for the improvements for which they
are deposited or improvements serving the same purpose.
5. Redetermination of Assessment upon Completion of Improvements. Upon
completion of off-tract improvements required pursuant to this subsection,
the applicant's liability hereunder shall be recalculated in
accordance with the actual as compared with the estimated cost of
the improvements. To the extent that such recalculation shall increase
or decrease the amount of any cash deposit made by the applicant hereunder,
the applicant shall forthwith either pay the amount of such increase
to the municipality, or the municipality shall forthwith refund the
amount of such decrease to the applicant.
b. Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve to the developer from his legal obligation
to conform to the required improvements as provided for in this subsection.
c. Certification. Prior to the final acceptance of any of the required
improvements by the Borough, the applicant, owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liabilities or liens against such improvements and installations are
outstanding.
[1969 Code § 74-15]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
[1969 Code § 74-16]
The subdivision plat shall conform to design standards that
will encourage good development patterns within the municipality.
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
Section 20 of Chapter 433 of the Laws of 1953, and shall be such as
to lend themselves to the harmonious development of the municipality
and enhance the public welfare, in accordance with the following design
standards:
[1969 Code § 74-22]
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this chapter.
[1969 Code § 74-23]
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 Elmwood Park. Any action
taken by the Governing Body and the Planning Board under the terms
of this chapter shall give primary consideration to the abovementioned
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
or more of these regulations is impracticable or will exact undue
hardship, the Planning Board and Governing Body 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.
[1969 Code § 74-24]
All ordinances or parts of ordinances, other than the Zoning
Ordinance of the Borough of Elmwood Park, which are inconsistent with
the provisions of this chapter, are hereby repealed to the extent
of such inconsistency.
[1969 Code § 74-25]
This chapter shall take effect after passage and publication
as prescribed by law.