[Ord. No. 581 § 10-1]
This Article 10 of the Development Regulations Chapter of the
Borough of Bernardsville may be cited and referred to as the Subdivision
Regulations.
Any owner of land within the Borough shall, prior to subdividing or re-subdividing land, as defined in this chapter, and before conveying legal or equitable title to such subdivision or any part thereof, shall apply to the Planning Board for review and approval of a subdivision plat pursuant to the provisions of this Article. In the event the subdivision application requires action by the Board of Adjustment pursuant to Subsection 3-8.4 of this chapter, the application shall be submitted to and processed by the Board which shall act to the same extent and subject to the same restrictions as the Planning Board as set forth in this Article. Any alteration, diminution, creation or elimination of a lot line which does not constitute a subdivision, as defined in Subsection 1-3.2 of this chapter, shall be granted a Subdivision Exemption, as defined in Subsection 1-3.2, by the Planning Board.
Ten copies of the application for subdivision approval shall
be filed with the Administrative Officer of the Board at least two
weeks prior to a regular meeting of the Planning Board.
The application shall be made on forms available from the Administrative
Officer of the Board and shall be accompanied by the required filing
fee and 10 blue or black on white prints of the subdivision plat and
10 copies of any other required documents and improvement plans. An
application for final subdivision approval shall also be accompanied
by the original tracing of the subdivision plat.
The application shall be accompanied by a filing fee as established
by Article 15 to cover the technical, investigative and administrative
expenses involved in processing the application.
[Ord. No. 581 § 10-2]
An application shall be certified as complete immediately upon
complying with the definition in Subsection 1-3.2 of this chapter,
and shall be deemed complete as of the day it is so submitted by the
Administrative Officer for purposes of the commencement of the time
period of action by any Municipal Agency of the Borough. If the application
for development is found to be incomplete, the developer shall be
notified in writing of the deficiencies therein by the Board or the
Board's designee for the determination of completeness within 45 days
of the submission of such application or it shall be deemed to be
properly submitted.
[Ord. No. 2005-1395 § 4]
Upon receipt of the application, the Administrative Officer
of the Board shall forward same to either the Planning Board or Board
of Adjustment depending upon which has jurisdiction. If the Planning
Board has jurisdiction, the Administrative Officer shall forward same
to the Secretary of the Planning Board who in turn shall forward same
to the Subdivision and Site Plan Review Committee and shall send a
copy to each of the following for report and recommendation:
Borough Engineer
County Planning Board
Board of Health
Shade Tree Commission
Environmental Commission
Zoning Officer
Fire Prevention Bureau
N.J. Department of Transportation, if the property is on a State
highway.
Such other municipal, county, State and Federal officials and
agencies as directed by the Subdivision and Site Plan Review Committee
or Planning Board.
Such other experts deemed appropriate by the Board.
The Subdivision and Site Plan Review Committee shall review
the application along with reports required from any officials or
agencies and shall submit its findings and recommendations to the
Planning Board.
The Planning Board shall grant or deny the application within
the periods of time following submission of a complete application
prescribed below, or within such further time periods as may be consented
to by the applicant.
|
Type of Application
|
Period of Time for Action by Planning Board
|
|---|---|
|
Concept Plan of a Subdivision
|
45 days
|
|
Minor Subdivision or Re-subdivision
|
45 days
|
|
Preliminary Plat - 10 lots or less
|
45 days
|
|
Preliminary Plat - more than 10 lots
|
95 days
|
|
Final Plat
|
45 days
|
Failure of the Planning Board to act within the period prescribed
shall constitute approval and a certificate of the Administrative
Officer as to the failure of the Planning Board to act shall be issued
on request of the applicant, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval, herein required,
and shall be submitted to the County Recording Officer for purposes
of filing subdivision plats, and the applicant notified accordingly
within one week.
Whenever review or approval of an application by the County
Planning Board is required pursuant to the Subdivision Review and
Approval Resolution of the County of Somerset, New Jersey, the Planning
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
If the scheduled time of a Planning Board meeting allows insufficient
time for the Board to reach a determination regarding action on an
application within the time prescribed in this section, the applicant
shall be requested to consent to an extension of time.
[Ord. No. 581 § 10-3]
Prior to returning the approved plat to the applicant, the applicant
shall submit sufficient copies to the Secretary of the Planning Board
in order to furnish a copy to each of the following:
Borough Clerk
Borough Engineer
Building Inspector
Tax Assessor
Planning Board File
Tax Collector
[Ord. No. 581 § 10-4.1]
At the request of the developer, the Planning Board shall grant
an informal review of a Concept Plan for a development for which the
developer intends to prepare and submit an application for a subdivision.
This step is optional and is recommended by the Planning Board. The
Concept Plan of a subdivision is designed to enable the Planning Board
and the applicant to discuss and evaluate principles and potential
problems involved before the applicant has gone to the expense of
completing detailed engineering drawings as required for further processing
of the development application.
a.
The Planning Board shall be authorized to establish reasonable criteria
for the subsequent submission of an application for development and
notwithstanding any other provisions of this chapter, waive, for good
cause, to the extent felt appropriate on the basis of the Concept
Plan of a subdivision, any subdivision details required under Subsections
10-7.2 and 10-7.3 of this chapter for the processing of the applications
for approval of the subsequent subdivision application for development.
The Planning Board shall act on a Concept Plan of a subdivision within
45 days of its submission, classify it and if satisfactory, grant
non-binding approval, with or without appropriate conditions for subsequent
submission of the subdivision application for development. The developer
shall not be bound by any concept plan for which review is requested
for a subdivision, and the Planning Board shall not be bound by any
such review. Approval is intended to enable the applicant to proceed
with the submission of the subsequent subdivision application for
development on a reasonable, expeditious and sound basis and shall
not be construed as authorization for any construction.
[Ord. No. 581 § 10-5.1]
Prior to the subdividing or resubdividing of any land within the Borough, so that the subdivision constitutes a Minor Subdivision, as defined in Article 1 of this chapter, a minor subdivision application shall be filed in accordance with § 10-2 above and shall contain all data and information required in Subsection 10-7.2. The detailed requirements for subdividing or resubdividing any land within the Borough constituting a minor subdivision, are covered in Subsection 10-7.2.
a.
If classified and approved as a minor subdivision by unanimous action
of the Subdivision and Site Plan Review Committee, a notation to that
effect will be made on the minor subdivision plat. The chairman of
the Subdivision and Site Plan Review Committee shall then forward
one copy of the signed minor subdivision to the Planning Board for
its files. The approval shall be noted in the minutes of the next
regularly scheduled meeting of the Planning Board following receipt
of the Subdivision and Site Plan Review Committee report. The Chairman
and Secretary of the Planning Board shall sign the minor subdivision
if approved by the Subdivision and Site Plan Review Committee and
the approval shall be deemed to be final approval. The minor subdivision
plat, after approval, shall be returned to the subdivider within one
week following the signing of the plat by the Chairman and Secretary.
b.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the "Map Filing Law," N.J.S.A.
46:23-9.9 et seq., or a deed clearly describing the approved minor
subdivision is filed by the developer with the Somerset County Recording
Officer, the Borough Engineer and the Borough Tax Assessor. Any such
plat or deed accepted for such filing shall have been signed by the
Chairman and Secretary of the Planning Board. In reviewing the application
for development for proposed minor subdivision, the Planning Board
may accept a plat not in conformity with the "Map Filing Act," N.J.S.A.
46:23-9.9 et seq.; provided that if the developer chooses to file
the minor subdivision as provided herein by plat rather than deed
such plat shall conform with the provisions of the Act.
c.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval; provided that the approved minor
subdivision shall have been duly recorded as provided in this section.
d.
If the application for a minor subdivision is classified as a major
subdivision by the Subdivision and Site Plan Review Committee, the
subdivider will be so notified. No further Planning Board action on
the application shall be required and the subdivider shall follow
the procedures contained herein for processing approval of a preliminary
and final plat of a major subdivision.
[Ord. No. 581 § 10-6.1]
Any application for approval of a preliminary plat shall be filed in accordance with § 10-2 of this Article and shall contain all information as required in Subsection 10-7.3. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required.
a.
If the application is found to be in substantial compliance with
the provisions of this chapter, the Planning Board shall schedule
a hearing on the application pursuant to Article 4 of this chapter.
If the application is found to be not in compliance, the Board shall
so inform the applicant within 45 days of submission with a list of
the items that are incomplete, and shall require the filing of an
amended application which shall be processed as an original application.
b.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of the hearing, an amended application shall be submitted and proceeded
upon, as in the case of the original application. After the Planning
Board is satisfied that the proposed application, together with any
conditions as imposed by the Board, meets all of the conditions of
this chapter, it shall grant preliminary approval.
c.
Preliminary approval shall, except as provided in Subsection c4 of
this subsection, confer upon the applicant the following rights for
a three-year period from the date of the preliminary approval.
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements except that nothing
herein shall be construed to prevent the Borough from modifying by
ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary subdivision plat.
3.
That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the improvement or design standards have been revised
by ordinance, such revised standards may govern.
4.
In the case of a subdivision of 50 acres or more, the Planning Board may grant the rights referred to in Subsections c, 1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration: the number of dwelling units and non-residential floor area permissible under preliminary approval; economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions, and the comprehensiveness of the development; provided that if the improvement or design standards have been revised, such revised standards may govern.
[Ord. No. 581 § 10-6.2]
Application for approval of a final plat shall be filed in accordance with § 10-2 and shall contain all the information prescribed in Subsection 10-7.4. The application shall be filed within the period prescribed in Subsection 10-3.2 and may be for the whole or a section or sections of the preliminary plat. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required.
a.
If the application is found to be in substantial compliance with the provisions of this Article, the Board shall schedule a hearing on the application pursuant to § 10-4. If the application is found to be deficient in any respect, the Board shall so inform the applicant and shall require the filing of an amended application which shall be processed as in the case of the original application.
b.
After the Planning Board or Board of Adjustment, as the case may
be, is satisfied that the proposed application, together with any
conditions as imposed by the Board, meets all the conditions of preliminary
approval, it shall grant final approval.
c.
Whenever review or approval of the application by the Somerset County
Planning Board is required pursuant to Section 5 of P.L. 1968, c.285
the Borough Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
d.
If final approval is granted, copies of the plat shall be signed
by the Chairman and Secretary of the Board granting the approval and
the Secretary shall file the approved plans with the following:
[Amended 6-27-2022 by Ord. No. 2022-1919]
e.
The zoning requirements applicable to the preliminary approval first
granted and all the rights conferred upon the developer pursuant to
Subsection 10-6.1c, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval;
provided that in the case of major subdivision, the rights conferred
by this section shall expire if the plat has not been duly recorded
within the time period provided in Subsection 10-6.2f below. If the
developer has followed the standards prescribed for final approval,
and has duly recorded the plat as required in Subsection 10-6.2f below,
the Planning Board may extend such period of protection for periods
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval pursuant to Subsection 10.6-1c
for the section granted final approval.
f.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The Planning Board may for good cause shown extend the period for
recording for an additional period not to exceed 190 days from the
date of signing of the plat.
g.
No subdivision plat shall be accepted for filing by the Somerset
County Recording Officer until it has been approved by the Planning
Board as indicated on the instrument by the signature of the Chairman
and Secretary of the Planning Board or a certificate has been issued
pursuant to Section 44 of Chapter 291, Laws of N.J. 1975. The signatures
of the Chairman and Secretary of the Planning Board shall not be affixed
until the developer has posted the guarantees required pursuant to
Subsection 10-8.4. If the County Recording Officer records any plat
without such approval, such recording shall be deemed null and void.
[Ord. No. 581 § 10-7.1; Ord. No. 93-970 § 10; Ord. No. 2002-1274, §§ 4,
5]
The concept plan of a subdivision shall be based on tax map
information or some other similarly accurate information. The concept
plan of a subdivision may be prepared by the owner if drawn in a form
acceptable to the Planning Board or shall be prepared by a New Jersey
licensed professional engineer or land surveyor and shall show and
include the following information:
a.
Environmental Evaluation Map - General Data.
1.
The name, address, appropriate seal, and New Jersey license number
of the professional(s) having prepared such map, if the map was not
prepared by the applicant.
2.
The name and address of the owner or owners of record.
3.
The name and address of the applicant.
4.
The tract name, current tax map sheet, block and lot number; date;
reference meridian and graphic scale.
5.
All streets and private roads within 500 feet of the site.
6.
The map shall be drawn accurately to scale. The scale shall be not
more than 100 feet to the inch.
7.
The key map indicated thereon shall be drawn to a scale of not more
than 500 feet to the inch and shall show the area in question and
the relation of this area to the surrounding areas. The orientation
of the key map shall be the same as to that of the main map.
8.
The names of the adjoining property owners as disclosed by the current
Tax Map.
b.
Environmental Evaluation Map - Property Data.
1.
The location of existing property lines and acreage to the nearest
10th of an acre.
2.
Streets, roads, water and sewer lines, trails, and bridle paths.
3.
Structures, including buildings, bridges, railroads, culverts and
drain pipes on the site and within 300 feet of the subject property.
4.
Existing topography with a maximum contour of two feet where slopes
are less than 30% and a maximum contour interval of five feet where
slopes are 30% or greater.
5.
Soil Classifications and Slopes.
(a)
Soil classifications based upon the latest soil information
tables published by the Soil Conservation Service, U.S. Department
of Agriculture.
(b)
Slope categories of 15% to 24.99%, 25% to 29.99% and 30% or
greater, based on ten-foot contour intervals, shall be shown on the
plans and each category shall be clearly shown by shading or similar
identification technique. The ten-foot contour intervals utilized
to establish these categories should be those which result in the
greatest slope, rather than simply using those contours which are
multiples of 10.
(c)
Areas of moderate and severe erosion potential.
(d)
Seasonal high water table.
(e)
Depths to bedrock.
(f)
Suitability to septic effluent disposal.
6.
Natural resources and features such as woodlands and wetlands; major
rock outcroppings; lakes, ponds, streams, drainage ditches, impoundment
areas, and watercourses, including specifically those designated in
Article 14 and Municipal Ordinance 558.
7.
Streets and easements. All existing or proposed easements, restrictions,
rights-of-way, streams or natural watercourses and drainage ditches
in and within 200 feet of the subdivision. State the use of each easement
and the text of such restrictions.
A copy of any existing easement deed restriction, or covenant
and the proposed use of sites other than residential.
8.
Monuments. Location and description of monuments.
9.
Location. The location of that portion of the tract to be subdivided
in relation to the entire tract.
10.
Dimensions. The dimensions of all lot lines including the area
in square feet of each lot along with the circle of the diameter specified
in Article 12.
11.
Zoning. All zone districts and the location of any zone boundaries
within the subdivision.
12.
Yard setbacks. Minimum front, rear, and side yard setback lines
as required by the zoning regulations of this chapter.
13.
Date. Date of original preparation of map and date of revision,
if any, of map.
14.
Title. Title of subdivision as well as old name of map if previously
submitted under different title.
15.
Certification from the Tax Collector that no taxes or assessments
for local improvements are due or delinquent on the subject property.
[Ord. No. 581 § 10-7.2; Ord. No. 93-970 § 11; Ord. No. 2002-1274 § 6]
The plat shall be based on tax map information or some other
similarly accurate information at a scale to enable the entire tract
to be legibly shown on one sheet. The scale shall not be more than
50 feet to the inch or less than 10 feet to the inch. Where this scale
would result in an unduly large map, the Planning Board may permit
the use of a key map to show the entire tract. The plat may be prepared
by the owner if drawn in a form acceptable to the Planning Board or
shall be prepared by a New Jersey licensed professional engineer or
land surveyor and shall show and include the following information:
a.
Location. The location of that portion of the tract to be subdivided
in relation to the entire tract.
b.
Identity. The tax map sheet, block and lot number.
c.
Owners. The name of owner and of all adjoining land owners as disclosed
by the most recent Bernardsville tax records.
d.
Dimensions. The dimensions of all lot lines including the area in
square feet of each lot as well as the circle of the diameter specified
in Article 12.
e.
Structures. All existing structures on the tract to be subdivided
and all existing structures on all abutting lots.
f.
Streets and Easements. All streets names and all existing and proposed
easements and restrictions stating the use of each easement and the
text of such restrictions.
g.
Zoning. All zone districts and the location of any zone boundaries
within the subdivision.
h.
Yard Setbacks. Front, rear and side yard setback lines as required
by the zoning regulations of this chapter.
i.
Slopes. Existing topography with a maximum contour of two feet where
slopes are less than 30% and a maximum contour interval of five feet
where slopes are 30% or greater shall be shown on the plan, and slope
categories of 15% to 24.99%, 25% to 29.99% and 30% or greater, based
on ten-foot contour intervals, shall be clearly shown by shading or
similar identification technique. The ten-foot contour intervals utilized
to establish these categories should be those which result in the
greatest slope, rather than simply using those contours which are
multiples of 10.
j.
Certification. Name and address of person preparing map.
k.
Date. Date of original preparation of map and date of revision, if
any, of map.
l.
Certification from the Tax Collector that no taxes or assessments
for local improvements are due or delinquent.
[Ord. No. 581 § 10-7.3; Ord. No. 93-970 § 12; Ord. No. 94-993 § 1; Ord. No. 2006 1453 § 3]
Preliminary plats shall be designed and drawn by a New Jersey
licensed land surveyor or New Jersey licensed professional engineer
and shall meet all provisions of Subsection 10-7.1 (Concept Plan of
a Subdivision) of this chapter and in addition, shall show or be accompanied
by the following information unless and to whatever extent modified
or otherwise required by the Planning Board.
a.
When a brook or stream is proposed to be altered, improved, or relocated,
evidence of submittal of information regarding the change to the New
Jersey Department of Environmental Protection, Division of Water Resources.
b.
Cross sections of watercourses at an appropriate scale showing extent
of floodplain (if defined), top of bank, normal water level, and bottom
elevations at the following locations:
1.
At any point where a watercourse crosses a boundary of the subdivision.
2.
At fifty-foot intervals for a distance of 300 feet upstream and downstream
of any proposed culvert or bridge within or adjacent to the subdivision.
3.
Immediately upstream and downstream of any point or juncture of two
or more watercourses.
4.
At a maximum of 300-foot intervals along all watercourses which run
through the subdivision or whose riparian yard is within the subdivision.
5.
When ditches, streams or brooks are to be altered, improved, or relocated,
the method of stabilizing slopes and measures to control erosion and
siltation during construction.
c.
The boundaries of the floodplains of all watercourses within or adjacent
to the subdivision (if defined).
d.
The total acreage upstream of the subdivision in the basin drained
by any watercourse running through or adjacent to the subdivision.
e.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in the subdivision which drains
to the structure.
f.
The location and extent of stream encroachment lines, riparian yards,
and proposed drainage or conservation easements.
g.
The location, extent, and water level elevation of all proposed or
existing lakes or ponds within or adjacent to the subdivision.
h.
Plans for proposed stormwater management system to include the following:
1.
All existing and proposed stormwater management facilities within
or adjacent to the subdivision showing the size of lines, direction
of flow, slope and the location of each catch basin and inlet and
all other stormwater management facilities.
2.
The location and extent of any proposed dry wells, ground water recharge
basins, retention basins, or other water conservation devices. When
such facilities that are dependent on percolation are proposed, borings
shall be made at appropriate locations designated on the plat, with
supplemental soil log data furnished.
i.
Plans for proposed sanitary sewage systems showing all existing and
proposed facilities servicing the subdivision including location,
size and slope of all sanitary sewer lines, pumping stations and connections
to existing facilities.
j.
Plans for proposed water, gas, electricity, and other utility systems
to include all existing and proposed facilities within or adjacent
to the subdivision showing feasible connections.
k.
When individual water supply or sewage disposal system is proposed,
the plan for such system must be approved by the appropriate local,
County or State health agencies. When a public sewage disposal system
is not available, the developer shall have percolation tests or test
holes made and submit the results on forms furnished by the local
Board of Health, together with the Preliminary Plat. All provisions
of Chapter 199 of the Laws of 1954 must be complied with. Any subdivision
or part thereof which does not meet the requirements for utilities
established by this chapter or other applicable regulations shall
not be approved. Any remedy proposed to overcome a substandard situation
shall first be approved by the appropriate local, County, or State
health agencies.
l.
For any tract not furnished with adequate potable water by public
utility the information to supplement the Preliminary Plat shall show
the flow rate in gallons per minute of any existing wells on the subject
tract and on adjoining property.
m.
The location of proposed new streets or private roads to include
the tentative cross sections and center line profiles.
n.
A development plan indicating the use of the lots within the subdivision,
the individual lot areas, the total individual lot area and the individual
lot area that may be measured in accordance with Article 12, Zoning.
The plat shall also show the circle of the diameter specified in Article
12, Zoning.
o.
Building envelopes in accordance with all yard requirements of Article
12, Zoning, for the applicable zone district.
p.
Slope boundaries of 15%, 25%, and 30% shall be shown on the plans.
q.
A certification that no taxes or assessments for local improvements
are due or delinquent on the property.
r.
Property proposed for subdivision meeting these plat requirements
and procedures shall also comply with the provisions of Article 14
of this chapter.
s.
When fire-protection systems are required, the plans for such systems,
showing existing and proposed facilities, including location of storage
tanks, cisterns, ponds, lakes or rivers, access roads, proposed water
sources, water supply rates and installation details.
t.
Open Space Zoning Development Details. For applications that include
proposed open space, the following details or information shall be
submitted in written description and, where applicable, shown on the
plat.
1.
The amount, the nearest 0.10 of an acre, and location of open space
to be provided.
2.
The location and description of any permitted improvements.
3.
A description of the organization to be established for the ownership
and maintenance of any open space and facilities in accordance with
Subsection 12-19.2a7 of this chapter.
[Ord. No. 581 § 10-7.4; Ord. No. 92-19 § 2; Ord. No. 94-993 § 3; Ord. No. 98-1149 § 1 Art. 10; Ord. No. 2006-1423 § 3]
The Final Plat shall be drawn in black waterproof ink on tracing
cloth at a scale of not more than 100 feet to the inch and in compliance
with all the provisions of N.J.S.A. 40:23-9.8. The final plat shall
show or be accompanied by the following:
a.
General Information.
1.
Data. Date, name and location of the owner, name of subdivider, graphic
scale and reference meridian.
2.
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, together
with accurate dimensions, bearings or deflections, angles and radii,
arcs, and central angles of all curves.
3.
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.
4.
Block and Lot Numbers. Each block shall be numbered in conformance
with the Tax Map of the Borough of Bernardsville and the lots within
each block shall be numbered consecutively beginning with number one,
as assigned by the Borough Engineer.
5.
Setback Lines. Minimum building setback line on all lots and other
sites.
6.
Monuments. Location and description of all monuments.
7.
Adjoining Property Owners. Names of owners of adjoining land.
8.
Engineer's Certification. Certification by engineer or surveyor as
to accuracy of details of plat.
9.
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.
10.
Certification of Other's Approval. When approval of a plat is
required by any officer or body of the Borough, County or State, such
approval shall be certified on the plat.
11.
Tax Collector's Certification. Certification from the Tax Collector
that no taxes or assessments for local improvements are due or delinquent.
b.
As-Built Plans. Upon completion of improvements as-built plans shall
be submitted showing:
1.
Street Profiles. Cross sections and profiles of streets, approved
by the Borough Engineer. A construction sheet showing construction
detail, such as typical section of street or road, curb section, drop
inlet or catch basin.
2.
Grading Plan. Grading plan showing existing and final contours at
five-foot intervals for slopes averaging 10% or greater and at two-foot
intervals for land of lesser slope.
3.
Water and Sewer Profiles. Plans and profiles of storm and sanitary
sewers and water mains.
4.
Stormwater Management Facilities. Final grading and elevations of
all stormwater management facilities, including certification from
the design engineer to the as-built volume of all stormwater management
basins.
c.
Open Space Zoning Development Details. For applications that include
proposed open space, the following additional details or information
shall be submitted.
d.
Improvements.
1.
Prior to consideration by the Planning Board of a Final Plat of a
major subdivision for Final Approval, the applicant shall have installed
or shall have filed Performance Guarantees, in accordance with Article
11 of this chapter, for the ultimate installation of the following
improvements as required:
Proposed public streets
Private roads
Curbs, shoulders, and guard rails
Water, sanitary sewers, drainage, and other roadbed utilities
Individual lot utility connections to minimum of 10 feet beyond
the curbline
On-tract stormwater management facilities
Off-tract improvements
Electric, telephone and other non-roadbed utilities, unless
exceptions as permitted in Subsection 10-7.4d3k of this Article apply.
Street signs
Shade trees
Sidewalks
Monuments
Fire protection systems.
2.
All other improvements required by the Planning Board.
3.
Details.
(a)
Pavement. The pavement as required shall conform to the Borough
specifications but may vary in width and edge conditions with the
density of development as follows:
(1)
In a subdivision, in zones requiring lots up to
50,000 square feet, a thirty-foot pavement must be provided with raised
concrete or granite block curbs as approved by the Borough Engineer.
(2)
In a subdivision, in zones requiring lots of more
than 50,000 square feet, a minimum twenty-foot pavement width shall
be provided. Flush concrete curbs must be installed at the pavement
edge. The pavement width may be increased to provide for the safe
movement of traffic or to properly provide for adequate drainage,
as required by the Borough Engineer. In no event, however, shall the
required pavement width be in excess of 30 feet.
(b)
Drainage. Positive drainage systems will be installed to include
grass berms, catch basins, and pipe of suitable diameter to carry
the design flow as required by the Borough Engineer.
(c)
Edge Conditions. Suitable graded and seeded areas will be provided
beyond the pavement to provide for adequate horizontal sight distance
for speeds of 30 miles per hour. Guard rails will be provided for
embankments and cuts as required by the Borough Engineer.
(d)
Water. The subdivider shall make a supply of water available
to each lot within the subdivision in all zones where public water
is available. In all subdivisions in the three highest density residential
zones, the subdivider shall make a supply of public water available.
In all zones if public water is provided, the subdivider shall contract
for the installation of fire hydrants in locations approved by the
Borough. In residential zones where public water is not provided,
the subdivider shall provide adequate sources of water for fire protection.
(1)
Fire Protection System. The following provisions
apply to subdivisions in areas not served by public utility water
distribution systems which provide fire hydrants:
i.
In subdivisions of six or more lots, every residence
must be within 2,500 feet, as measured along streets and driveways,
of an adequate source of water for fire protection. For subdivisions
of fewer than six lots, in lieu of providing an adequate source of
water for fire protection, the subdivider is permitted to make a contribution
for the purpose of offsetting the cost of subsequent provision, either
on or off-site of such adequate sources, by either the Borough or
another developer.
iii.
For storage tanks or cisterns, the following apply:
I.
The minimum capacity to supply an adequate source
of water for fire protection is 30,000 gallons.
II.
The water supply shall be satisfactory to the Fire
Prevention Bureau.
III.
The tank should provide for drawing water directly
from an opening on the top or, if the topography permits, from an
attached hydrant with sufficient head and size of connecting pipe
to permit a flow of 1,500 gallons/minute.
IV.
Suitable access for a pumper truck must be provided
to the tank or hydrant.
V.
The tank should provide a method for determining
the water level, and an alarm system to warn of low levels.
VI.
The tank must be designed and installed in accordance
with N.F.P.A. 1231.
VII.
The subdivider shall give to the Borough an easement
to the storage tank or cistern for the purposes of access and maintenance.
iv.
For ponds or detention basins, the following apply:
I.
The minimum capacity to supply an adequate source
of water for fire protection is 30,000 gallons, in a volume excluding
the bottom two feet of water in the pond.
II.
The minimum capacity must be available throughout
the year, even during drought conditions.
III.
Suitable access for a pumper truck must be provided
to the pond or basin.
v.
Lakes or streams may be used, subject to the subdivider's
demonstration that the lake or stream meets the criteria set forth
above for ponds.
(e)
Street Signs. The subdivider shall provide street signs as required
by the Planning Board.
(f)
Sanitary Facilities. Sanitary sewers shall be provided in the
three highest density residential zones and in all nonresidential
zones and in all other zones where available.
(g)
Shade Trees. Shade trees are to be provided as required by the
Planning Board, within the public right-of-way. The Planning Board
recommends that as many shade trees as possible be retained in all
subdivisions in order to preserve the present character of the community.
(h)
Top Soil. No top soil shall be removed from the site or used
as spoil. Top soil moved during the course of construction shall be
redistributed so as to provide equal cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
(i)
Sidewalks. The subdivider shall construct at least a four-foot
sidewalk on both sides of the street in all nonresidential subdivisions
unless this requirement is waived by the Planning Board, as well as
in all residential subdivisions where the lots average in width less
than 100 feet and less than 20,000 square feet in area. Residential
lots 100 feet or larger in average width and 20,000 square feet or
greater in area need not provide sidewalks unless needed to provide
access to schools or to continue a walk on an existing street, or
if required by the Master Plan.
(j)
Monuments. Monuments shall be of the size and shape required
by N.J.S.A. 46:23-9.8, and shall be placed in accordance with the
statute.
(k)
Utility Installations. In all major subdivisions, the applicant
shall make arrangements with the appropriate utility providing electric
and telephone service for the subdivision under consideration to provide
for underground installation of utility distribution supply lines,
apparatus, and service connections in accordance with the provisions
of the applicable Standard Terms and Conditions incorporated as part
of the Tariff of the utility as same are then on file with the Board
of Public Utility Commissioners of the State of New Jersey, and shall
submit to the Planning Board prior to the granting of Final Approval,
a written statement from each such serving utility which shall indicate
full compliance with the provisions of this subsection; provided,
however, that lots in a subdivision which abut existing streets where
overhead electric or telephone distribution supply lines have previously
been installed on any portion of the street involved may be supplied
with electric and telephone service from such overhead lines, but
service connections from these lines shall be installed underground.
The location of access facilities for servicing the utilities in the
proposed subdivision shall be developed in conjunction with and as
part of the complete subdivision plan. Any installation under this
section to be performed by a serving utility shall be exempt from
the provisions of this Article requiring performance guarantees and
inspection and certification by the Borough Engineer. In the event
an applicant deems it impracticable or an undue hardship to comply
with the provisions of this subsection as it may affect one or more
lots in the proposed subdivision, the applicant may apply to the Planning
Board for relief from the terms of this subsection in accordance with
the procedure and provisions of § 10-9 of this chapter.
e.
Improvements and Guarantees Required Prior to Submission of Final
Plat for Final Approval. Guarantees, where required, shall be provided
pursuant to Article 11 of this chapter.
[Ord. No. 581 § 10-8.1]
The Board shall require that all lots shown on the plats be
adaptable for the intended purposes without danger to health, or peril
from flood, fire, erosion or other menace.
[Ord. No. 581 § 10-8.2]
All subdivisions shall conform to the proposals and conditions
of the Master Plan.
[Ord. No. 581 § 10-8.3]
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 and no streets
shall in any case have a width of less than 50 feet, unless a lesser
width is authorized by the Planning Board, in which case the entire
street right-of-way shall be graded.
[Ord. No. 581 § 10-8.4]
No subdivision showing reserve strips controlling access to
streets shall be approved except where the control and disposal of
land comprising such strips has been placed in the Borough Council
under conditions approved by the Planning Board.
[Ord. No. 581 § 10-8.5]
No street grade shall be less than 0.5%, nor greater than 10%,
except in special instances where the topography of the land to be
subdivided is such as to make it impossible to otherwise develop such
land.
[Ord. No. 581 § 10-8.6]
Street intersections shall be as nearly at right angles as is
possible and in no case shall be less than 60°. The block corners
at intersections shall be rounded at the property line with a curb
radius of not less than 25 feet.
[Ord. No. 581 § 10-8.7]
Street jogs with center line offsets of less than 125 feet are
prohibited.
[Ord. No. 581 § 10-8.8]
a.
Dead-end streets shall not exceed the following lengths, according
to zone:
1.
Eighteen hundred feet in zone requiring lot areas of 218,750 square
feet or more.
2.
Fifteen hundred feet in zone requiring lot areas of 137,500 square
feet or more.
3.
One thousand feet in zone requiring lot areas of 50,000 square feet
or more.
4.
Eight hundred feet in zone requiring lot areas of 20,000 square feet
or more.
5.
Six hundred feet in two highest density residential zones.
b.
All dead-end streets or private roads shall provide a turnaround
with a minimum outside curb radius of 30 feet at the closed end, or
some acceptable alternative.
[Ord. No. 581 § 10-8.9]
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 Board shall otherwise direct.
[Ord. No. 581 § 10-8.10]
No blocks should exceed 1,200 feet in length unless in accordance
with Subsection 10-8.8 above.
[Ord. No. 581 § 10-8.11]
Where there is a question as to the suitability of a lot or
lots for their intended use due to factors including but not limited
to rock formations, flood conditions or similar circumstances, the
Planning Board may, after adequate investigation, withhold approval
of such lots.
[Ord. No. 581 § 10-8.12]
Lot dimensions and area shall not be less than the requirements
of Article 12, Zoning.
[Ord. No. 581 § 10-8.13]
Insofar as practicable, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
[Ord. No. 581 § 10-8.14]
The subdivider shall provide adequate slope-rights and sight-rights
at street curbs and corners.
[Ord. No. 581 § 10-8.15]
In large scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and located in consultation with the
companies or municipal departments concerned.
[Ord. No. 581 § 10-8.16]
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 is 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 chapter.
[Ord. No. 581 § 10-8.17]
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 the plat is first resubmitted
to the Planning Board.
[Ord. No. 581 § 10-8.18; Ord. No. 94-992 § 1; Ord. No. 99-1160 § 1]
a.
Private roads may be permitted in the lowest density residential
zone, provided that the private roads conform to all terms, conditions,
and regulations hereinafter set forth except to the extent that they
are preempted by state regulations.
b.
Private roads shall not interfere with the orderly development of
the Borough as set forth in the Master Plan or Official Map of the
Borough of Bernardsville. Any new access to a private road, existing
or newly created, shall be approved by the Planning Board.
c.
Where an application will result in more than six lots, or where
an application will have, under the prevailing zoning regulations,
the potential for more than six lots on a proposed private road, the
Approving Authority may require the construction of a public street
to be dedicated to the Borough.
d.
No more than six lots may have access upon any private road.
e.
Where an application includes the service of a lot or lots by a private
road, and the total number of lots being served by the private road
remains six or less, the Planning Board may approve that the road
not be constructed to Borough specifications but may be graded and
improved to lesser standards which shall be consistent with the drainage
requirements of Subsection 10-8.18j below. Improvements shall be at
the applicant's expense, as approved by the Borough Engineer.
f.
The width of a private road right-of-way shall not be less than 50
feet.
g.
The length of a private road shall not exceed 1,800 feet.
h.
No private road may have a grade of less than 0.5%, nor greater than
10%, except in special instances where the topography of the land
to be subdivided is such as to make it impracticable otherwise to
develop such land.
i.
A private road shall intersect a public street as nearly at right
angles as practicable. Further, it shall be separated from any other
private road in a manner consistent with sound planning practices.
j.
Drainage structures shall be of a type, size, and location as required
by the Borough Engineer.
k.
The road must permit turnaround of fire engines by providing either
a K-turn with at least 50 feet depth, at least 14 feet improved width
and at least 45 feet center line radius, or a loop of at least 14
feet improved width and 45 feet center line radius, or other equivalent
facilities approved by the Fire Prevention Bureau, within 200 feet
of each residence served by the private road.
l.
Horizontal curves shall have a center line radius of at least 45
feet and improved width of at least 14 feet.
m.
The minimum road width shall be 16 feet.
n.
At the intersection of a private road with the street, the first
30 feet of the private road shall not have a change in slope in excess
of 13%, inclusive of the crown of the public street. All angles between
the private road center line and the street center line shall be 60°
or more.
o.
Private roads with sections exceeding 300 feet between adjacent driveways,
or between the street and any driveway, shall provide passing areas
on such sections, each to be within sight of another passing area,
driveway, or street, and not more than 300 feet from another passing
area, driveway, or street. Passing areas shall be improved to a minimum
width of 18 feet, be a minimum of 25 feet long, and have fifteen-foot
tapers on each end.
p.
All private roads, whether existing or hereafter constructed, shall
be maintained in a condition that will permit the safe passage of
police, fire or other emergency vehicle. If, in the opinion of the
Borough Engineer, any private road is not maintained in a safe condition,
after proper notice to owners, the private road may be repaired at
the Borough Engineer's discretion and the owner(s) specially assessed
therefor. This requirement shall be stipulated in any covenant for
conveyance of title to property served by a private road, including
the proportionate allocation of cost of maintenance for each property
with respect to all properties so served.
[Ord. No. 581 § 10-8.19]
a.
No building permit for the erection of a building on a lot fronting
or abutting on a new street in a major subdivision shall be issued
unless and until the following requirements have been satisfied.
1.
The Final Plat of the subdivision shall have been filed with
the Clerk of Somerset County.
2.
Such new street or streets shall have been fully completed,
and accepted by the Borough.
3.
The subdivider shall have filed with the Borough Clerk an adequate
Maintenance Guarantee to maintain the new street or streets for a
period of two years after acceptance by the Borough.
b.
No Maintenance Guarantee shall be filed until the Borough Engineer
shall have certified the amount thereof is sufficient to cover the
cost of maintenance of the street or streets for the two-year period,
and the Borough Council shall have approved the qualifications of
the surety, and the Borough Attorney shall have approved the sufficiency
of the form and execution of the guarantee.
[Ord. No. 2002-1298 § 6]
[Ord. No. 2006-1423 § 3]
All site plans shall comply with the stormwater management design
and performance standards set forth in § 12-29 of the Borough
Land Development Regulations.
[Ord. No. 07-1477 § 1]
a.
Private country lanes are permitted in the lower density residential
zones (R-1-10, R-1, R-1 A and R-2) provided that the private country
lanes conform to all terms, conditions, and regulations hereinafter
set forth except to the extent that they are preempted by State regulations.
b.
Private country lanes shall not interfere with the orderly development
of the Borough as set forth in the Master Plan or Official Map of
the Borough of Bernardsville. Any new access to a private country
lane, existing or newly created, shall be approved by the Planning
Board.
c.
Where an application will result in more than four lots, or where
an application will have, under the prevailing zoning regulations,
the potential for more than four lots on a proposed private country
lane, the Approving Authority shall require the construction of a
street, according to RSIS standards.
d.
No more than four lots shall have access upon any private country
lane. In any subdivision application proposing a shared access rather
than access via a public street to a public street by four or less
dwelling units or four or less single family properties, the Board
shall require the access road to be a private country lane in accordance
with the private country lane standards as follows:
1.
When the shared access road will serve no more than four lots,
the construction standards for the road shall be consistent with private
country lane standards as follows:
(a)
The road shall be graded to a width of at least 20 feet and
shall be improved to a cartway width of 16 feet with two-foot graded
areas on each side of the improved portion of the road. It shall have
a right-of-way or easement width of 40 feet.
(b)
If the road will exceed 300 feet in length, it shall have one
or more turnouts for passing within sight of each other or a connection
to a public road, not more than 300 feet apart. Turnouts shall be
improved to a width of at least 18 feet and shall have a minimum length
of 25 feet within 15 feet tapers on each end.
(c)
The front yard setback to a single family dwelling, as required
in the zone district within which the property is located, shall be
measured from the edge line of the right-of-way or easement.
(d)
A private country lane shall be allowed to cross lot lines of
adjacent properties that are part and parcel of the subject subdivision.
(e)
Road improvements shall be constructed in accordance with the
following requirements:
(1)
Where the grade of the road is 6% or greater, or
if the road is proposed to be paved, it shall be paved in conformance
with the State standards pavement specifications for rural streets.
(2)
Where the grade of
the road does not exceed 6% the road may be gravel surfaced in compliance
with the following standards:
[a]
The base course shall consist of dense-graded aggregate
(DGA) conforming with the Standard Specifications for Road and Bridge
Construction of the New Jersey Department of Transportation (NJDOT).
The base shall be constructed to the thickness shown in the following
schedule:
|
Subgrade Category
|
Base Thickness
(inches)
|
|---|---|
|
Good to excellent
|
4
|
|
Medium
|
5
|
|
Poor
|
7
|
|
All subgrades shall be considered "poor" unless the applicant
proves otherwise through CBR testing or field evaluation of soil classification.
Test results shall be reviewed by the Borough Engineer.
|
[b]
Construction shall conform with Section 301 –
Soil Aggregate Base Course and Dense-Graded Aggregate Base Course
of the Standard Specifications for Road and Bridge Construction of
the NJDOT.
[c]
The subgrade preparation shall be approved by the
Borough Engineer prior to placement of base course material.
[d]
The surface course shall consist of No. 8 coarse
aggregate conforming with the Standard Specifications for Road and
Bridge Construction of the NJDOT. The surface course shall be one-inch
thick and shall be compacted as specified for the base course.
(3)
Where a gravel-surfaced road intersects a street
of higher order as set forth in the State Standards RSIS, the road
shall be paved in conformance with the State Standards RSIS pavement
specifications for rural streets a minimum distance of 30 feet from
the edge of pavement or curb of the higher order street. All angles
between the private country lane center line and the street center
line shall be 60° or more.
(4)
Where the grade of a private country lane exceeds
6%, the road shall be paved in accordance with the State Standards
RSIS pavement specifications for rural streets.
2.
Additional private country lane construction requirements:
(a)
Road grade and design criteria shall be in accordance with the
following standards:
|
Design Standard
|
Gravel Road
|
Paved Road
|
|---|---|---|
|
Minimum grade
|
1%
|
0.5%
|
|
Maximum grade
|
6%
|
12%
|
|
Maximum grade within 30 feet of a street intersection
|
5%
|
5%
|
|
Minimum center line radius
|
100 feet
|
100 feet
|
|
Minimum tangent length between reverse curves
|
25 feet
|
50 feet
|
|
Inside cartway edge radii at an intersection
|
25 feet
|
25 feet
|
(b)
Minimum vertical curve length shall be established in accordance
with the 1990 AASHTO, A Policy on Geometric Design of Highways and
Streets, and based on a speed limit of 30 miles per hour.
3.
The private country lane shall be constructed to permit the
turnaround of fire trucks and other emergency vehicles by providing
a cul-de-sac complying with RSIS standards, or a k-turn with a minimum
center line radius of 45 feet and a depth of at least 50 feet from
the point of tangency. The private country lane shall be constructed
to permit the turnaround of fire trucks or other emergency vehicles
at the intersection of an individual driveway and a private country
lane.
4.
The owner of the lot so served shall own title to the private
country lane. If when a private country lane serves more than one
lot, one of the lot owners or an association of all users shall have
title to the private country lane, and ingress and egress easements
shall be granted to all non-owner users, and all users shall share
equally in the cost of maintenance and repairs, unless an agreement
binding on all users provides to the contrary. The provisions regulating
such easements, maintenance and agreements shall be approved by the
Board or, at its discretion, the Board Attorney.
5.
All private country lanes whether existing or hereafter constructed,
shall be maintained in a condition that will permit the safe passage
of police, fire or other emergency vehicle. If, in the opinion of
the Borough Engineer, any private country lane is not maintained in
a safe condition, after proper notice to owners, the private country
lane may be repaired at the Borough Engineer's direction and the owners(s)
specially assessed therefore. This requirement shall be stipulated
in any covenant for conveyance of title to property served by a private
country lane, including the proportionate allocation of cost of maintenance
for each property with respect to all properties so served.
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 Bernardsville. 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 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. In making its findings,
as required hereinbelow, the Planning Board shall take into account
the nature of the proposed use, the existing use of land in the vicinity
and 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 and similar matters. No subdivision variance shall
be granted unless the Planning Board specifically finds:
That there are special circumstances or conditions affecting
the property such that the strict application of the provisions of
this chapter would deprive the subdivider of the reasonable use of
his land.
That the subdivision variance is necessary for the preservation
and enjoyment of a substantial property right of the subdivider.
[Ord. No. 581 § 10-9]
That the granting of the subdivision variance will not be detrimental
to the public welfare or injurious to property in the area in which
the property is situated.
