[1969 Code § 18-1]
This chapter shall be known and may be cited as "The Land Subdivision Regulations of the Borough of Surf City."
[1969 Code § 18-2]
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 Borough. It shall be administered to insure the orderly growth and development, the conservation, protection and proper use of land and adequate provision of circulation, utilities and services.
[1969 Code § 18-3]
The approval provisions of this chapter shall be administered by the Planning Board in accordance with the Municipal Planning Act (1953), as amended and supplemented.
[1969 Code § 18-4]
As used in this chapter:
- 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 a flood damage in accordance with N.J.S.A. 58:1.
- FINAL APPROVAL
- Shall mean the official action of the Planning Board taken on a tentatively approved plat after all requirements, conditions and engineering plans have been completed and the required improvements have been installed or bonds properly posted for their completion. A plat that receives such final approval must have been prepared by a licensed professional engineer and land surveyor in compliance with all the provisions of Chapter 358, Laws of 1953, as amended and supplemented and is the map which must be filed with the County Clerk within 90 days after such action in order to make the approval binding.
- 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 this chapter and which, if approved, shall be filed with the County Clerk.
- GENERAL TERMS AND CONDITIONS
- Shall mean those outlined under preliminary plat details in subsection 29-6.2 and the design standards as outlined under Section 29-3.
- LAGOON DEVELOPMENT
- Shall mean a subdivision where the majority of the lots front on lagoons at least 100 feet in width.
- 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 purposes of sale, lease or separate use.
- MAJOR SUBDIVISION
- Shall mean all subdivisions not classified as minor subdivisions.
- 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.
- MINOR SUBDIVISION
- Shall mean any subdivision containing not more than three lots fronting on an existing improved street, not involving any new street, road or easement of access, or the extension of water lines and/or municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions or portion of the Master Plan, Official Map, Zoning Ordinance of the Borough, or this chapter and provided further that the proposed subdivision is not adjacent to any other tract or part of a tract of vacant or unsubdivided and under the same ownership.
- 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, as amended and supplemented. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public park and playground, and drainage right-of-way shown thereon.
- Shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
- PERFORMANCE 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.
- Shall mean the map of a subdivision.
- PRELIMINARY PLAT
- Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of subsection 29-6.2 of this chapter.
- SKETCH PLAT
- Shall mean the sketch map of subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of subsection 29-6.1 of this chapter.
- 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 Clerk prior to the appointment of a Planning Board and the grant to such a 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:
- 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.
- 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 property by testamentary provisions or intestacy, or divisions of property upon court order. "Subdivision" shall also include resubdivision, and where appropriate to the context relates to the process of subdividing or to the lands or territory divided. Divisions of land into parcels that would be too small to build on under the provisions of the Zoning Ordinance of the Borough shall not be considered a subdivision where the purpose of this division is to increase the size of a lot existing at the time of the division. No subdivision is involved where there has been a division of a tract of land in accordance with such maps that have been prepared by the Borough for assessment purposes or approved by the Borough prior to September 15, 1967.
- SUBDIVISION COMMITTEE
- Shall mean a committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
- TENTATIVE APPROVAL
- Shall mean the official action taken on a preliminary plat by the Planning Board meeting in regular sessions which determines whether or not the map submitted is in proper form and meets the established standards adopted for design layout and development of the subdivision. Such tentative approval confers certain irrevocable rights upon a subdivider for a period of three years on a condition that the general terms and conditions specifically agreed upon will be fully met, and further that the final plat be submitted for final approval within the three-year time period.
[1969 Code § 18-5.1; Ord. No. 77-11 § 1; Ord. No. 84-8]
Any owner of lands within the Borough, prior to subdividing or resubdividing land, as defined in Section 29-4, shall submit to the Secretary of the Planning Board at least three weeks prior to the regular meeting of the Board, three copies of a completed application and seven copies of a sketch plat of the proposed subdivision for purposes of classification, procedural advice or preliminary discussion. At the time of submitting an application, the following fee schedule shall apply:
Each application at the time of submission shall pay an application fee of $100.
In addition, each applicant shall deposit in cash or certified or cashiers check, with the Secretary of the Planning Board, $50 per lot up to and including 10 lots, plus an additional $5 per lot on each lot above 10 lots.
Such fee shall be placed in an escrow account by the Planning Board to cover the cost of professional, legal and engineering services for review or other incidental expenses connected with the processing of all materials submitted.
If classified as a minor subdivision by the Subdivision Committee, a notation to that effect shall be made on the sketch plat. The plat shall then be forwarded to the Secretary of the Planning Board for consideration by the board at its next regular meeting. If the classification is approved, the sketch plat shall be returned to the subdivider for submission by him to the Ocean County Planning Board. After approval by the Ocean County Planning Board, the sketch plat shall be returned to the Secretary of the Borough Planning Board for further action. If the minor subdivision is approved by the Planning Board, the Chairman and Secretary of the Board shall indicate such approval by signing the sketch plat, and the Borough Clerk shall also sign and affix the seal of the Borough. No further action shall be required.
Before the Secretary of the Planning Board returns the approved sketch plat to the subdivider, the latter shall have sufficient copies made to furnish one copy to each of the following:
Either a deed description or plat map drawn in compliance with N.J.S.A. 40:55D-47, shall be filed by the subdivider with the County Clerk within 190 days from the date of approval of the sketch plat.
[1969 Code § 18-5.2]
At least one linen tracing and seven prints of the preliminary plat, one linen tracing and seven prints of utility map showing plans, profiles and cross sections of all gradings, paving, roads, sidewalks, storm and sanitary sewers and appurtenances, water mains, gas mains, bridges and street signs, and showing connections to existing or proposed utilities, together with three completed application forms for tentative approval shall be submitted by the owner properly signed as being the person or subdivider seeking approval, or by his agent acting for and with the consent of the owner, to the Secretary of the Planning Board at least three weeks prior to the Planning Board meeting at which consideration is desired.
The subdivider must first receive approval from the Secretary of the Planning Board that his submission with respect to preliminary approval is perfected before the subdivider may advertise for a public hearing.
The applicant shall comply with the provisions of N.J.S.A. 40:55-1.7 and any supplements and amendments thereto as regards to procedures for giving notice. For information purpose only, N.J.S.A. 40:55-1.7 provides as follows:
Upon submission of the preliminary plat for tentative approval, the Secretary of the Planning Board shall submit one copy to each of the following:
The Planning Board shall act on the preliminary plat within 60 days after the submission has been declared perfected, but in no case before the expiration of the twenty-day period within which the County Planning Board, the Borough Engineer and other officers or public body whose approval is required, may submit a report on the subdivision. In all cases the recommendations of such authorities shall be given careful consideration in the final decision of the Borough Planning Board. If the Planning Board disapproves 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 60 days of its effective date of submission. For purposes of computing the effective date of submission, such date shall be defined as the date upon which the Secretary of the Planning Board has officially declared the submission to be perfected and has authorized the subdivider to advertise for public hearing.
If the Planning Board acts favorably on a preliminary plat, the Chairman of the Planning Board shall affix his signature to the plat with a notation that it has received tentative approval. The same shall then be returned to the subdivider for compliance with final approval requirements.
Tentative approval shall confer upon the applicant the following rights for a three-year period from the date of such approval:
Failure of the Planning Board to act within the allotted time shall be deemed to constitute approval of the plat and the Borough Clerk shall issue a certificate to that effect.
[1969 Code § 18-5.3]
After subdivision approval has been granted and prior to issuing a building permit, the applicant shall tender to the Borough a fee in cash or other security approved by the Borough Attorney, equal to 5% of the Borough Engineer's estimated cost for on-site and off-site improvements which directly or indirectly affect public streets and lands within the Borough including but not limited to streets, curbs, aisles, lanes, driveways, parking spaces, loading areas, easements, lighting, sidewalks, landscaping walls, fences, storm drainage, sanitary sewer and water systems. The purpose of such fee shall be to cover costs of inspection of the improvements and other similar legal and engineering services. All such fees shall be placed in a separate escrow account by the Planning Board, the signatories for the same to be countersigned in the same manner as in other similar accounts of the Borough.
All the above improvements shall be subject to inspection and approval by the Construction Official who shall be notified by the applicant at least 48 hours prior to the start of construction. The Construction Official may require the assistance of the engineer in effecting inspection and approval. No underground installations, subgrade and/or stages of paving or other work done in stages shall be poured, installed, covered, backfilled or removed until inspected and approved. Distribution and supply lines installed by a recognized utility company operating under the regulations of the Public Utilities Commission of the State of New Jersey are hereby exempt from this inspection requirement.
A Certificate of Occupancy shall not be approved until all the required improvements have been installed and improved and functioning properly to that building, or portion of a building for which a Certificate of Occupancy is requested in accordance with the provisions of this chapter or other appropriate legal requirements. Nor shall any Certificate of Occupancy be issued for any building or portion of a building or other improvements remaining to be constructed elsewhere on or off the site in order to complete the entire project until a performance guarantee, letter of credit or other form of guarantee acceptable to the Borough Council in a form approved by the Borough Attorney and in an amount determined by the Borough Engineer to be sufficient to assure completion of all the remaining improvements and in a form guaranteeing completion of remaining improvements within one year. The Borough Council may require a three-year maintenance bond for any and all off-site improvements in the form and manner designated above.
The Borough Engineer and Borough and Planning Board Attorneys shall, at the request of the Planning Board, submit to the Planning Board a schedule of fees for services rendered in accordance with the provisions of this chapter for subdivision review, off-site inspections and such other professional services as may be required.
[1969 Code § 18-5.4]
The final plat shall be submitted to the Secretary of the Planning Board for forwarding to the Planning Board for final approval within three years from the date of preliminary approval. The Board shall act upon the final plat within 45 days after the date of such submission.
The original tracing, one translucent tracing cloth copy, two cloth prints, six 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 10 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 Board.
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:
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27.12 as amended and supplemented, shall be forwarded to the County Planning Board for its action prior to final action by the Planning Board.
The final plat shall be forwarded to the Borough Engineer upon receipt by the Secretary of the Planning Board for his review. He shall report back to the Planning Board within 10 days regarding compliance of the final plat with the general terms and conditions of tentative approval.
If the Planning Board approves the final plat, a notation to that effect shall be made on each plat and shall be signed by the Chairman and the Secretary of the Planning Board; and the Borough Clerk shall sign the same and affix the Borough seal.
Failure of the Planning Board and the governing body to act within the allotted time or mutually agreed upon extension thereof, shall be deemed to be favorable approval and the Borough Clerk shall issue a certificate to that effect in accordance and compliance with the requirements of N.J.S.A. 40:44.1.18, as amended and supplemented.
The final plat, after final approval by the Planning Board, shall be filed by the subdivider with the County Clerk within 90 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire.
No plat shall be accepted for filing by the County Clerk unless it has been approved by the Planning Board and signed by the Chairman and Secretary of the Planning Board, and by the Borough Engineer and Clerk.
The Borough Clerk is hereby designated and authorized, pursuant to N.J.S.A. 40:55.1.24, to issue certificates as to approval of subdivision of land.
[1969 Code § 18-5.5]
If any persons shall be aggrieved by the action of the Planning Board, appeal in writing to the Borough Council may be taken within 10 days after the date of the action by the Planning Board. A hearing thereon shall be had on at least 10 days' written notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing the Borough Council may affirm or 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.
[1969 Code § 18-6.1]
The sketch plat shall be based on tax map information or some other similarly accurate base at a scale conforming with an existing tax map, to enable the entire tract to be shown on one sheet and show or include the following information:
The location of that portion which is to be subdivided in relation to the entire tract.
All existing structures, streams and other water courses and wooded areas or areas of natural vegetation (native to Long Beach Island, such as Holly, Beach Plum, Bayberry, Cedar, etc.) within the portion to be subdivided and within 200 feet thereof. The location of all structures, both within the proposed subdivision and immediately adjacent to it shall be shown. The use of all buildings and land areas shall be indicated.
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.
The tax map sheet, block and lot numbers, and block and lot numbers of adjoining property.
All existing or proposed streets or roads within or adjoining the subdivision, setting forth the names of streets or roads and the right-of-way and cartway widths thereof.
Distance in feet to nearest intersections.
Dimensions of lots concerned.
Arrow indicating direction of North.
[1969 Code § 18-6.2; Ord. No. 70-7 § 1]
The preliminary plat shall be designed in accordance with the provisions of Section 29-7 of this chapter, in strict accord with modern and accepted planning techniques and procedures by qualified persons with the cooperation of the Planning Board. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale conforming with a tax map, by a licensed New Jersey professional engineer and/or land surveyor. For initial consideration by the Planning Board prior to the granting of tentative approval, the plat shall show or be accompanied by sufficient information to establish the design, arrangement and dimensions of streets, lots and other planned features as to form, size and location. This information shall form the basis for the general terms and conditions upon which tentative approval may be granted and shall include:
A key map showing the entire subdivision and its relation to surrounding areas.
The tract name, tax map sheet, block and lot number, date reference meridian, graphic scale and the following names, addresses and facts:
Acreage of tract to be subdivided to nearest tenth of an acre.
Sufficient approximate elevations and contours to determine the general slope and natural drainage of the land and the high and low points of all proposed new streets. Proposed contours shall be shown in dashed lines with arrows indicating the direction of runoff. The proposed elevation at the corners of the lot and house and of the garage floor shall be shown.
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features.
Plans, profiles and cross sections of all grading, paving, curbs, sidewalks, storm and sanitary sewers and appurtenances, water mains, gas mains, street signs, bridges, shade trees and showing connections to existing or proposed utilities and all meeting the requirements of the Borough Engineer.
Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved.
When the preliminary plat, which has been granted tentative approval, forms the basis upon which approval will be made, such plat map and its accompanying engineering plans must be prepared by a licensed professional engineer and/or licensed land surveyor in compliance with all the provisions of Chapter 358 of the Laws of 1953, as amended and supplemented, before the required improvements of this chapter are installed or the performance guaranty for same are furnished, which requirements must be met before application and the granting of final approval of the plat can be made.
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
Block and lot numbers as approved by the Tax Assessor, for all newly formed or altered lots.
[1969 Code § 18-6.3]
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 50 feet and in compliance with all the provisions of Chapter 358 of the Laws of 1953, as amended and supplemented. The final plat shall show or be accompanied by the following:
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
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.
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.
Block and lot numbers as approved by the Tax Assessor.
Minimum building setback line on all lot and other sites.
Location and description of all monuments.
Names of owners of adjoining unsubdivided land.
Certification by engineer or surveyor or as to accuracy of details of plat.
Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.
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.
Plans, profiles and cross sections of all grading, paving, curbs, sidewalks, storm and sanitary sewers and appurtenances, water mains, gas mains, street signs, bridges, shade trees, as built, approved by the engineer shall accompany the final plat.
Contours at one foot intervals.
Certificate from Tax Collector that all taxes are paid to date.
[1969 Code § 18-7.1]
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 as may be required by the Planning Board and Borough Council.
Grading and Paving of Streets. All streets shall be constructed in accordance with official grades established by the Borough and shall conform to the minimum specifications as commonly utilized by the Borough and County unless specifications for thicker or stronger streets shall be set by the Borough Engineer and required by the Planning Board and Borough Council due to special soil or other conditions in the area concerned. No street shall be accepted unless all utilities available for such prospective lot have been installed to a point inside the curbline.
Curbs and Gutters. Combined concrete curbs and two-foot wide gutters shall be installed on both sides of all streets unless specifically excepted. The top of the curb shall be at least six inches wide. The gutter shall be 24 inches wide and six inches in depth at its intersection with the curb. The gutter shall have a minimum of six inches in depth. Curbs and gutters shall be monolithic. They shall be cut into separate sections not exceeding 10 feet in length and shall have division plates extending entirely through the concrete. Premolded joint materials conforming to requirements as recommended by the Borough Engineer shall be used in curbs at intervals not in excess of 50 feet.
Sidewalks. Concrete sidewalks four feet in width and four inches thick shall be installed on both sides of all streets. The sidewalks shall be made of or cut into squares not exceeding five feet in length with division plates extending through the concrete. Premolded joint material conforming to requirements as recommended by the Borough Engineer shall be used at intervals not in excess of 50 feet. Such premolded joint materials shall also be used where curbs and sidewalks join each other. Where crossed by a driveway, the sidewalk shall be six inches thick. The sidewalk shall have a slope of 1/4 inch per foot toward the street.
Bridges. Bridges shall meet with the approval of the Borough Engineer.
Sanitary and Storm Sewers and Their Appurtenances, and Water Mains. Sanitary and storm sewers and their appurtenances, and water mains shall meet with the approval of the Borough Engineer and shall conform with comprehensive plans for these facilities in the Borough.
Street Lighting. Street lighting shall be installed in accordance with the "Recommended Practice of Street and Highway Lighting" of the Illuminating Engineering Society (latest edition) or as required by the Borough Engineer along the streets within and abutting the subdivision.
Street Signs and Other Signs. Signs, curve signs, school crossing signs, and other signs needed to regulate traffic or for warning purposes shall be installed as specified by the Borough Engineer and Director of the Department of Streets and Roads, of the same or equal quality, size and style as those being erected by the Borough at the time of the approval of the subdivision.
Gas Mains. Gas mains shall conform with the standards and specifications of the public utility serving the Borough and with the recommendations of the Borough Engineer.
Fire Hydrants. Fire hydrants and control valves shall be installed not more than 600 feet apart at proper locations to be determined by the Borough Engineer and shall be painted in such colors so as to conform with existing hydrants in the Borough, or as specified by the Borough Engineer.
Monuments. Monuments shall be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, as amended and supplemented, and shall be placed in accordance with the statute.
Fire Alarm Systems. Fire alarm systems shall be installed where they can be connected either by wire or electronically to an existing system.
Native Vegetation. Whenever any native vegetation such as bayberry bushes or trees, cedar trees, holly trees, beach plums, etc., exist at the time of application for a subdivision, such native vegetation will be left intact insofar as is possible consistent with the intended construction on or use of the tract following subdivision. This shall not be construed to prohibit the normal maintenance of the grounds so as to render the tract or portion thereof in a pleasing state of appearance to both owner and community.
[1969 Code § 18-7.2]
No final plat shall be approved by the Planning Board until the completion of 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 licensed to do business in New Jersey, and 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 Borough for the reasonable cost of the improvements not installed and upon receipt of the proceeds thereof, the Borough shall install such improvements.
[1969 Code § 18-8]
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
[1969 Code § 18-8.1]
The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. 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, as amended and supplemented, and shall be such as to lend themselves to the harmonious development of the Borough and enhance the public welfare in accordance with the design standards enumerated in this section.
[1969 Code § 18-8.2]
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.
Minor streets shall be designed so as to discourage through traffic.
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.
The right-of-way width shall be measured from lot line to lot line, and shall not be less than 50 feet.
The right-of-way for internal roads and alleys in multifamily, commercial and industrial districts shall be on an individual basis, and shall in all cases be of sufficient width for loading needs and maximum access for firefighting equipment.
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Borough Council under conditions approved by the Planning Board.
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 chapter shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
Grades of arterial and collector streets shall not exceed 5%. Grades on other streets shall not exceed 7%. No street shall have a minimum grade of less than .5%.
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 curbline with a curve having a radius of not less than 20 feet.
Street jogs with center line offsets of less than 125 feet shall be prohibited.
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
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.
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
Dead-end streets (cul-de-sacs) shall not be longer than 600 feet and shall provide a turnaround 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 turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
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.
[1969 Code § 18-8.3]
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.
In blocks over 800 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.
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
[1969 Code § 18-8.4]
Lot dimensions and area shall not be less than the requirements of the Borough Zoning Ordinance.
Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.
Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in subsection 29-6.2e, and except lots fronting on private roadways or easements; provided however, that no such private roadway or easement shall be less than 25 feet in width.
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.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
[1969 Code § 18-8.5]
In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easement shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.
Where a subdivision is traversed by a watercourse, 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 watercourse, and such further width or construction, or both, as will be adequate for the purpose.
[1969 Code § 18-9]
After final approval of the plat has been granted, any person that shall be aggrieved by such action of the Planning Board may appeal in writing to the Borough Council within 10 days after the date of the final approval. A hearing thereon shall be held on public notice published by the Borough Clerk notifying all parties in interest who shall be afforded an opportunity to be heard. After such hearing the Borough Council may affirm or reverse the action 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.
Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
[1969 Code § 18-10]
The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of Surf City. 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 Borough. 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 impractical or will exact undue hardship, the Planning Board and the Borough Council may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.