Borough of Englewood Cliffs, NJ Chapter 15 Land Subdivision

§ 15-1 TITLE.

This chapter shall be known and may be cited as: The Land Subdivision Ordinance of the Borough of Englewood Cliffs.

§ 15-2 PURPOSE.

The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the borough 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 circulation, utilities, and services.

§ 15-3 APPROVING AGENCY.

The approval provisions of this chapter shall be administered by the governing body after favorable referral by the borough planning board in accordance with Section 14 of Chapter 433 of the Laws of 1953.

§ 15-4 DEFINITIONS.

As used in this chapter.

a. 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 intestate 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.

b. PLAT – Shall mean the map of a subdivision.

c. 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 15-6.

d. MINOR SUBDIVISION – Shall mean any subdivision containing not more than two lots fronting on an existing minor 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 or adjoining property and not in conflict with any provision or portion of the master plan, official map, zoning ordinance or this chapter.

e. MAJOR SUBDIVISION – Shall mean all subdivisions not classified as minor subdivisions.

f. PRELIMINARY PLAT – Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the borough clerk for planning board consideration and tentative approval and meeting the requirements of section 15-7.

g. 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.

h. 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 section, and such other duties relating to the land subdivision which may be conferred on this committee by the board.

i. 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.

j. 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.

k. PERFORMANCE GUARANTEE – 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.

l. MASTER PLAN – Shall mean a composite of the mapped and written proposals recommending the physical development of the borough which shall have been duly adopted by the planning board.

m. 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.

n. LOT – Shall mean 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.

o. 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:

1. ARTERIAL STREETS – Are those which are used primarily for fast or heavy traffic.

2. COLLECTOR STREETS – Are those which carry traffic from minor streets to the major system or arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.

3. MINOR STREETS – Are those which are used primarily for access to the abutting properties.

4. MARGINAL ACCESS STREETS – Are streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

5. ALLEYS – Are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

p. DRAINAGE RIGHT-OF-WAY – Shall mean the lands required for the installation of storm water 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 One of Title 58 of the Revised Statutes.

§ 15-5 PROCEDURE.

§ 15-5.1 Submission of Sketch Plat.

a. Any owner of land within the borough shall, prior to subdividing or resubdividing land as defined in this chapter, submit to the secretary of the planning board at least 10 days prior to the regular meeting of the board a sketch plat of 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. The plat will then be forwarded to the mayor and borough clerk for their signatures and returned to the subdivider within one week following the next regular meeting of the borough council. No further approval by the borough council shall be required.

c. Before the borough clerk returns any approved sketch plat to the subdivider, the clerk shall have sufficient copies made to furnish one copy to each of the following:

1. Borough clerk.

2. Borough engineer.

3. Building inspector or zoning officer.

4. Tax assessor.

5. Secretary of the planning board.

6. County planning board.

The cost of the copies will be charged to the subdivider and shall be collected before the return of the original sketch plat to the subdivider, or six copies may be provided by the subdivider at his own cost and expense.

d. Either a deed description or plat map drawn in compliance with Chapter 358 of the Laws of 1953 shall be filed by the subdivider with the county recording officer within 90 days from the date of return of the approved sketch plat.

e. If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedure in subsections 15-5.2 and 15-5.3.

§ 15-5.2 Submission of Preliminary Plat of Major Subdivision for Tentative Approval.

a. The applicant shall file with the secretary of the planning board at least two weeks prior to the planning board meeting at which consideration is desired, 10 prints of the preliminary plat, with three completed application forms. At the time of filing, a basic fee of $125 plus a fee of $2 per lot based on the number of lots shown on the preliminary plat, shall be paid. Upon receipt of the above, the secretary of the planning board shall forthwith notify all local departments involved of the proposed subdivision and hearing date. In the event that the application for approval shall be rejected by the planning board or by the borough council, or shall be withdrawn by the applicant in writing at any time prior to approval of the final plat by the borough council, then and in that event, $50 of the aforesaid fee shall, upon request in writing, be refunded to the applicant.

b. The applicant shall notify by mail, at least five days prior to the hearing, all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the municipal tax records. The notice shall state the time and place of the hearing, a brief description of the subdivision, and that a copy of the subdivision has been filed for public inspection. Proof of service of notice shall be submitted on date of hearing.

c. Copies of the preliminary plat shall be forwarded by the secretary of the planning board prior to the hearing to the following persons:

1. Secretary of county planning board.

2. Borough engineer.

3. Secretary of board of health.

4. Such other municipal, county or State officials as directed by the planning board.

d. The planning board shall act on the preliminary plat within 90 days after submission to the borough clerk, but in no case before the expiration of the twenty-day period within which the county planning board may submit a report on the subdivision. In all cases the recommendations of the county board shall be given careful consideration in the final decision of the local planning board. If the county planning board has approval authority pursuant to R.S. 40: 27-12, its action shall be noted on the plat, and if disapproved, two copies of reasons for disapproval shall be returned with the plat. If either the 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 of the action of the planning board within 90 days of its submission. 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.

e. If the planning board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat and it shall be referred to the borough council for action. The borough council shall act within 30 days. Its action shall be noted on the plat, signed by the mayor and returned to the subdivider for compliance with final approval requirements.

f. Preliminary approval shall confer upon the applicant the following rights for a two year period from the date of approval:

1. That the general terms and conditions under which preliminary approval was granted will not be changed.

2. That the applicant may submit on or before the expiration date, the whole or part or parts of the plat for final approval.

§ 15-5.3 Improvements or Guarantees Prior to Final Approval.

Before consideration of a final subdivision plat, the subdivider will have installed the improvements and requirements of this chapter, or the planning board shall require the posting of an adequate subdivision or 100% performance bond as agreed upon by the borough engineer, planning board, and borough attorney, to assure the installation of the required improvements.

§ 15-5.4 Submission of Final Plat of Major Subdivision.

a. The final plat shall be submitted to the borough clerk for forwarding to the planning board for final approval within three years from the date of preliminary approval. The borough clerk shall immediately notify the secretary of the planning board upon receipt of a final plat and the planning board shall act upon the final plat within 45 days after the date of submission for final approval to the borough clerk.

b. The original tracing, one translucent tracing cloth copy, two cloth prints, 10 black on white prints and three copies of the application form for final approval shall be submitted to the secretary of the planning board at least five days prior to the date of a regular planning board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the planning board.

c. The applicant shall submit three "Application Forms for Final Approval" properly signed and sealed and a check for $75 to cover filing fees; and the final plat shall be accompanied by a statement by the borough engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one or both of the following:

1. Installed all improvements in accordance with the requirements of these regulations; or

2. A performance guarantee has been noted with the borough clerk in sufficient amount to assure the completion of all required improvements.

d. Any plat which requires county planning board approval pursuant to R.S. 40:27-12 shall be forwarded to the county planning board for its action prior to final approval by the borough council.

e. If the planning board favorably refers a final plat to the borough council, the borough council shall take action not later than the second regular meeting following the referral, noting its action on the plat, and the mayor affixing his signature thereto if this action is favorable.

f. Failure of the planning board and borough council to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval and the borough clerk shall issue a certificate to that effect.

g. If any person shall be aggrieved by the action of the planning board, appeal in writing to the mayor and council may be taken within 10 days after the date of the action of the planning board. A hearing thereon shall be had on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing the borough council may affirm to reverse the action of the planning board by a recorded vote of a majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the borough council, and the applying party shall be given a copy.

h. Upon final approval, copies of the final plat shall be filed by the planning board with the following:

1. Borough clerk.

2. Borough engineer.

3. Building inspector.

4. Tax assessor.

5. County planning board.

i. The final plat, after final approval by the borough council shall be filed by the subdivider with the county recording officer within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire.

j. No plat shall be accepted for filing by the county recording officer unless it has been duly approved by the borough council and signed by the mayor.

§ 15-6 PLAT DETAILS.

§ 15-6.1 Sketch Plat.

The sketch plat shall be based on tax map information or some other similarly accurate base at a scale not less than 200 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 streams within 500 feet of the subdivision.

§ 15-6.2 Preliminary Plat.

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 (N.J.) land surveyor or by a planner holding full or associate membership in the American Institute of Planners, or by a licensed architect or landscape architect or any other qualified person. The plat shall be designed in compliance with the provisions of section 15-7 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 person who prepared map.

c. Acreage of tract to be subdivided to nearest tenth 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 center line profiles for all proposed new streets.

e. The location of existing and proposed property lines, streets, buildings, water courses, 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 ordinance 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.

§ 15-6.3 Final Plat.

The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 200 feet and in compliance with all of 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 or dedicated 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 borough 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.

§ 15-7 IMPROVEMENTS.

§ 15-7.1 Performance Guarantees.

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.

b. Street signs.

c. Curbs and/or gutters.

d. Sidewalks.

e. Street lighting.

f. Shade trees: To be located on the street line so as not to interfere with utilities or sidewalks and shall be of one of the following types: maple, etc.

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 and sanitary sewers:

All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.

All of the above listed improvements shall be subject to inspection and approval by the borough engineer who shall be notified in writing by the developer at least 48 hours prior to the state of construction. The notice shall be served either personally or by registered or certified mail sent to the borough engineer's office. No underground installation shall be covered until inspected and approved.

§ 15-7.2 Completion of Improvements Required for Planning Board Approval.

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 borough engineer, unless the subdivision owner shall have filed with the borough a performance guarantee sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the borough engineer, and assuring the installation of such uncompleted improvements on or before an agreed date. Such performance guarantee may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the borough council, a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the borough attorney.

The performance guarantee shall be approved by the borough attorney as to form, sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the planning board but, in no case, for a term of more than three years. However, with the consent of the owner and the surety, if there be one, the borough council may by resolution extend the term of such performance guarantee for an additional period not to exceed three years. The amount of the performance guarantee may be reduced by the borough council by resolution when portions of the required improvements have been installed.

If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the municipality for the reasonable cost of the improvements not installed and upon receipt of the proceeds thereof the borough shall install such improvements.

§ 15-7.3 Requirements for Building Permit in Neighborhood or Limited Business Zone.

[Ord. No. 56R; Ord. No. 2014-01]

Before a building permit is granted on any parcel or plat in the neighborhood and/or limited business zone as shown on the Zoning Ordinance of the Borough of Englewood Cliffs, the following conditions must be met:

a.

1. Curbs facing the entire frontage of the property involved shall be installed under the supervision of the Borough Engineer or the Superintendent of Public Works.

2. In the event that a house has been demolished or the property is unimproved, then in that event the building permit shall require that an entirely new curb be installed facing the entire frontage and/or side yards of the property, if the property is located on a corner, which shall be installed under the supervision of the Borough Engineer or Superintendent of Public Works. The curb shall be comprised of concrete only and not blocks.

3. Specifications for curbs can be obtained at the Building Department.

b. A four-foot wide sidewalk shall be installed on the entire frontage of the property.

c. The entire site involved shall be graded to the satisfaction of the borough engineer and in accordance with the minimum specifications set forth in the main ordinance of which this section is supplemental.

d. All commercial buildings hereafter erected must have their sanitary system connected to the borough sewer system, if the system is available within 500 feet of the property limits.

e. All commercial buildings hereafter erected on "paper" or on dedicated streets shall improve the street in front of their property in a manner acceptable to the borough engineer.

f. In cases of buildings erected on corner lots, the above conditions must be met on both sides of the property.

g. Any and all fees and costs shall be born by the applicant for the building permit or permits.

§ 15-7.4 Establishing Inspection Fees.

In order to establish a more orderly method for the setting of inspection fees to be paid to the borough engineer by any person, firm, partnership or corporation involved in a major subdivision, the following procedures are hereby set forth:

a. Upon the application for final approval of a major subdivision plat the subdivider shall produce a performance guarantee in accordance with the provisions of this chapter. At the time that such performance guarantee amount is established and before the issuance of any building permit and before the start of any construction upon any job site, the subdivider shall deposit with the borough clerk, a sum equivalent to 3% of the performance guarantee as set by the planning board and approved by the mayor and council but not less than $500 shall be deposited for subdivisions containing five plots or less and not less than $1,000 shall be deposited for subdivisions containing more than five plots. This deposit may be in cash or by certified check or cashier's check. Once the deposit has been made with the borough clerk, he shall notify the building inspector in writing of the deposit and the building inspector is thereafter authorized to issue building permits and/or certificates of occupancy. Whenever any deposit which has been placed with the borough clerk has been drawn upon, in accordance with the terms of this subsection, beyond 50% of the deposit, the building or person making the deposit shall be notified immediately in writing that the said deposit is below the required amount. The notice shall be sent within three days from the drawing thereon and the account shall thereafter be returned to its full amount as set forth above, within a period of two days from the receipt of the letter. If the deposit is not placed with the borough clerk within the time set forth, the borough clerk shall immediately notify the building inspector and the borough engineer and the former shall immediately cause all work on any part of the project to be stopped until the deposit is brought to its full amount. The provisions of this paragraph respecting the return of the deposit account to its full amount shall not apply in cases where the borough engineers are of the opinion that the residue of funds which remain in the account are sufficient to cover any and all inspection costs remaining.

b. The borough engineer, during the pursuit of his duties under this subdivision chapter shall direct all bills by way of voucher to the borough clerk, who shall, at the following meeting of the mayor and council present the vouchers for approval and upon approval, thereafter have disbursed the amount of money so approved to the borough engineer.

c. At the completion of any subdivision and the acceptance by the mayor and borough council of all improvements covered by the performance guarantee, the borough clerk shall be authorized to return to the subdivider any such excess monies as may remain in the account deposited to cover engineering inspection fees. Such authorization shall only be given by the council after report in writing from the borough engineer notifying the council of the satisfactory nature of the improvements which were required under the preliminary and final plat.

d. Any subdivider, developer, building or other person, firm, partnership or corporation who shall violate the provisions of this subsection shall, after five days' written notice to cease and desist from the building inspector, be subject to the penalty as stated in chapter 3, section 3-1 for each offense.

§ 15-7.5 Shade Trees.

Shade trees within the street right-of-way inside curb line cannot be removed until authorization of the Englewood Cliffs Shade Tree Commission is received. The subdivider shall install shade trees as specified and approved by the shade tree commission. A cash bond must be submitted to the planning board before final approval, in an amount agreed upon between the planning board and the shade tree commission.

§ 15-7.6 Cleaning of Streets and Other Properties.

a. The subdivider shall post with the borough a cash bond in the amount of $300 for each 10 lots or less involved, and $300 for each 10 lots thereafter or part, to guarantee to the borough that all debris, soil, dirt, dust, mud and refuse on any of the streets involved or leading to same or on any property over which the borough can exercise jurisdiction under the police powers shall be kept cleaned as directed by the building inspector, so the condition does not impair public health, safety and general welfare of the areas involved.

b. Failure to adhere to these requirements by any applicant shall be sufficient authorization for the borough, after three days' written notice to the subdivider, to take such steps to have the required work done, and in such event the cost to the borough shall be charged to this account.

c. After the completion of all offsite improvements, the planning board, may recommend to the borough council the release of any or all of the cash bond.

§ 15-7.7 Engineering.

All the above listed improvements shall be subject to inspection and approval by the borough engineer, who shall be paid reasonable engineering and inspection fees by the subdivider, the amount of said fees to be agreed upon before the improvements are commenced. The borough engineer 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.

This subsection is governed by the following regulations:

§ 15-7.8 Discharge of Water into Storm Drain.

Any artificial means for the removal of water, such as sump pumps, swimming pool pumps, etc., shall discharge into storm drains where the same are available, and in no event shall they discharge into streets or roadways.

§ 15-7.9 Off-Tract Improvements.

As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant shall, at the direction of the board, make cash payments or, with the consent of the board, install any and all off-tract improvements stipulated by the board in the manner provided below with respect to the immediate or ultimate installation of any required off-tract improvements stipulated by the board.

a. Allocation of costs; criteria in determining allocation. The allocation of 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 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 the 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-site improvements; the estimated time of construction of the off-site improvements; and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with P.L. 1975, C. 291, (N.J.S.A. 40:55D-1 et seq.). In addition, the following criteria may also be considered, as well as any other reasonable criteria:

1. Street, curb, sidewalk, shade trees, streetlights, street signs, and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the board may consider traffic counts, existing and projected traffic patterns, quality of roads, and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit therein.

2. Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

(a) The percentage relationship between the acreage of the application and the acreage of total drainage basin.

(b) The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.

(c) The use, condition of status of the remaining area in the drainage basin.

3. Sewerage facilities and the improvement of sanitary or storm sewers and trunk lines or connection, may be based upon the proportion that the total anticipated volume of sewage effluent or flow of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with the law.

4. The rehabilitation of the existing sanitary system may be based on the Clinton Bogert Reports: (a) regarding infiltration and inflow analysis; and (b) sewer system evaluation report of December, 1981 and the sewer system evaluation flow isolation report of June, 1984.

b. Determination of cost of improvements. The cost of installation of the required off-tract improvements shall be determined by the board with the advice of the borough engineer and appropriate borough agencies.

c. Manner of construction. When those estimates are received and the work is not to be done exclusively by the applicant as specified by the board, the mayor and council shall then decide whether the off-tract improvements is to be constructed by the borough as a general improvement: by the borough as a local improvement.

d. Payment of allocated cost.

1. The estimate costs of the off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the borough treasurer, who shall provide a suitable depository thereof, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the borough within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned together with accumulated interest or other income thereon, if any.

2. In the event that the payment by the applicant to the borough treasurer provided for herein is less than its share of the actual cost of the off-tract improvements, then the applicant shall be required to pay its additional appropriate share of the cost thereof.

3. In the event the payment by the applicant to the borough treasurer provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, or its successors or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

4. If the applicant and the planning board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-tract improvement or the determination made by the officer or board charged with the duty of making assessments as to special benefits, if the off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge such determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.

e. Installation of improvements by applicant.

1. At the discretion and option of the borough and with the consent of the applicant, the borough may enter into a contract with the applicant providing for the installation and construction of the off-tract improvements by the applicant upon contribution by the borough of the remaining unallocated portion of the cost of the off-tract improvement, if any.

2. In the event the borough so elects to contribute to the cost and expense of installation of the off-site improvements by the applicant, the portion contributed by the borough shall be subject to passable certification and assessment as a local improvement against the benefiting property owners in the manner provided by law, if applicable.

f. Design standards. Should the applicant and the borough enter into a contract for the construction and erection of the off-tract improvements to be done by the applicant, it shall observe all requirements and principles of this and other borough ordinances in the design of such improvements.

§ 15-8 DESIGN STANDARDS.

The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.

§ 15-8.1 General.

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:

§ 15-8.2 Streets.

a. The arrangement of streets not shown on the master plan or official map shall be such as to provide for the appropriate extension of existing streets.

b. Minor streets shall be so designed as to discourage through traffic.

c. Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic as the planning board may determine appropriate.

d. The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

1. Arterial streets - 80 feet.

2. Collector streets - 60 feet.

3. Minor streets - 50 feet.

4. Marginal access streets - 40 feet.

5. The right-of-way width for internal roads and alleys in multi-family, commercial and industrial development shall be determined on an individual basis, and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire fighting equipment.

e. 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 governing body under conditions approved by the planning board.

f. Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map or the street width requirements of this ordinance shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, one-half of the required extra width shall be dedicated.

g. Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.

h. 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 curb line with a curve having a radius of not less than 20 feet.

i. Street jogs with center line offsets of less than 125 feet shall be prohibited.

j. A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

k. When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

l. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

m. Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turn around at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street.

If a dead-end street is of a temporary nature, a similar turn around shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

n. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

o. Driveways. All driveways shall be graded and paved one-quarter inch to the foot starting two feet from the curb line above the top of the curb. All paving shall be on normal sidewalk grade within the borough's right-of-way.

p. Sidewalks. All sidewalks shall be four feet wide and installed under the supervision of the borough engineer.

q. Street openings. No person shall open any street or roadway in any subdivision for any purpose for a period of two years after the installation of the street, except with the written consent of the borough engineer and the placing within the borough of a cash bond in a sum sufficient in the borough engineer's opinion, to guarantee the repair of the street within the time period allowed by the borough engineer.

§ 15-8.3 Blocks.

a. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning ordinance and to provide for convenient access, circulation control and safety of street traffic.

b. In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the planning board. Such walkway shall be 10 feet wide and be straight from street to street.

c. For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

§ 15-8.4 Lots.

a. Lot dimensions and area shall not be less than the requirements of the zoning ordinance.

b. Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

c. Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in subsection 15-8.2d4 and 5.

d. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

e. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the planning board may, after adequate investigation withhold approval of such lots.

§ 15-8.5 Public Use and Service Areas.

a. In large scale development, 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.

b. Where a subdivision is traversed by a water course, drainage way channel or street, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction or both, as will be adequate for the purpose.

c. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

§ 15-9 PENALTY.

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 and the borough council are required to act, such person shall be subject to the penalty as stated in chapter 3, section 3-1, and each parcel, plot or lot so disposed of shall be deemed a separate violation.

In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section three of the Official Map and Building Permit Act (1953) the borough may institute and maintain a civil action:

a. For injunctive relief.

b. 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 borough has a planning board or a committee thereof with power to act and which:

1. Meets regularly on a monthly or more frequent basis; and

2. Whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953.

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 years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six years if unrecorded.

c. Any person, corporation, lessee, tenant or otherwise in the construction or use of any building, violating any of the provisions of this chapter shall, on conviction thereof, be liable to the penalty as stated in chapter 3, section 3-1.

d. No performance bond, or part of a bond on a major subdivision shall be released in whole or in part until the following conditions and requirements have been met:

1. All utilities such as gas, water, electricity, sanitary sewers, sewer laterals to curbs, water laterals to curbs, pump stations, storm system, curbs and paving, have been installed and in place for a period of not less than six months.

2. A writing from the borough engineer certifying all of the above improvements have been inspected and installed under his supervision.

3. All shade trees to be approved by the Englewood Cliffs Shade Tree Commission. All monuments, on site grading, and other requirements as specified in this ordinance shall have been installed, and approved by the borough engineer.

4. As built plans of all public utilities shall be submitted before release of any bonds.

5. Proof by affidavit that at least 15 days prior to the date on which the release or reduction of the bond is being considered by the mayor and council that notice was given to each of the residents of Englewood Cliffs, living within the subdivision in question that the application for a release or reduction of the bond was being made and that if any of the residents object to the release or reduction that they must file in writing their objections with the borough within 10 days from the date of notice.

The planning board shall review all of the above requirements and shall then recommend to the mayor and council what portion of the performance bond or bonds shall be released.

§ 15-10 ADMINISTRATION.

§ 15-10.1 Minimum Standard Stated; Variances.

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. Any action taken by the borough council and 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 and borough council may permit such variance as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

§ 15-10.2 Inconsistent Ordinances.

All ordinances or parts of ordinance other than the zoning ordinance of the borough which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.

§ 15-11 AMENDMENT OF BOROUGH TAX MAP.

Upon the approval of any minor or major subdivision, the applicant shall pay to the Borough of Englewood Cliffs a fee of $50 per lot for the purpose of updating and amending the borough tax map to reflect any necessary changes occasioned by said subdivision.