This chapter shall be known and may be cited as: The Land Subdivision
Ordinance of the Borough of Englewood Cliffs.
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.
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.
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.
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:
3. Building inspector or zoning officer.
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.
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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.
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.
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.
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.
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:
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.
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.
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.
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.
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:
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.
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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.
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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.
[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.
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.
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.
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.
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:
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.
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.
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
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:
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.
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.
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.
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.
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.
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:
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.
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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.
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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.
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.
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.